Parental Rights When The Child Is Not Yours.....

[jauntyjohn]

Interesting situation: married to a thai girl for 5 years, separated, thai girl falls pregnant with another man who subsequently leaves her, husband gets back together with wife.

Questions: when child is born, does the husband become the legal parent of the child even though he is not the father? Does the husband have to be at the birth to sign something or can it be done by the mother? Would the child have dual citizenship rights given that the father is Australian?

[JacknDanny]

Interesting situation: married to a thai girl for 5 years, separated, thai girl falls pregnant with another man who subsequently leaves her, husband gets back together with wife.

Questions: when child is born, does the husband become the legal parent of the child even though he is not the father? Does the husband have to be at the birth to sign something or can it be done by the mother? Would the child have dual citizenship rights given that the father is Australian?

Question.

Why would husband be daft enough to have her back in the first place??

[jauntyjohn]

Interesting situation: married to a thai girl for 5 years, separated, thai girl falls pregnant with another man who subsequently leaves her, husband gets back together with wife.

Questions: when child is born, does the husband become the legal parent of the child even though he is not the father? Does the husband have to be at the birth to sign something or can it be done by the mother? Would the child have dual citizenship rights given that the father is Australian?

Question.

Why would husband be daft enough to have her back in the first place??

Im not asking for moral judgement, just advice re my questions - thx anyway for your input.

[geordie]

If he was not married at the time of birth he will not have parental rights. He can get these if he registers the babies birth.

[Mario2008]

The question is, where they legally seperated and did they remarry and was the child born during the marriage or within 9 months after the divorce.

[LaoPo]

Tricky and risky situation for the non-father....

What if the child is or becomes seriously ill (brain damage for instance; not "seen" yet)and the child will cost a fortune because of costly treatments in hospitals or special care in later life and the mother is not fully insured for such care and treatment ...who pays for that? Surely not the biological father would he ?

Something to consider very carefully, apart from the moral side.

The man in the OP should think a long time and consult a few wise people before he takes steps. If the woman in question is so "easy" to have a child with a non-responsible acting man it could happen again.

Many think "love" will overcome all problems but many confuse addiction (with a woman) with love.

LaoPo

[venturalaw]

Interesting situation: married to a thai girl for 5 years, separated, thai girl falls pregnant with another man who subsequently leaves her, husband gets back together with wife.

Questions: when child is born, does the husband become the legal parent of the child even though he is not the father? Does the husband have to be at the birth to sign something or can it be done by the mother? Would the child have dual citizenship rights given that the father is Australian?

The OP said married, separated (not divorced), re-united with wife who was impregnated by another man. In some of the states (California for instance), if the husband and wife are together at the time of birth, and remain together for a minimal period of time, the child is conclusively husband's with biological father having no rights.

OP, you asked if the child would have dual citizenship rights if the father is Australian. Did you mean the husband is Australian, or the biological father?

[Mario2008]

If they didn't divorce and remained married the husband will be considered the father, unless either he objects to that fact.

Thai civil code, section 1536/1539 book 5

http://www.thailawonline.com/images/thaici...l%20code%20.pdf

[jauntyjohn]

Interesting situation: married to a thai girl for 5 years, separated, thai girl falls pregnant with another man who subsequently leaves her, husband gets back together with wife.

Questions: when child is born, does the husband become the legal parent of the child even though he is not the father? Does the husband have to be at the birth to sign something or can it be done by the mother? Would the child have dual citizenship rights given that the father is Australian?

The OP said married, separated (not divorced), re-united with wife who was impregnated by another man. In some of the states (California for instance), if the husband and wife are together at the time of birth, and remain together for a minimal period of time, the child is conclusively husband's with biological father having no rights.

OP, you asked if the child would have dual citizenship rights if the father is Australian. Did you mean the husband is Australian, or the biological father?

The husband is Australian. How does one register the birth? If the child is born upcountry and the husband is in Bangkok, does the husband have to be present at the birth?

[Mario2008]

The important thing: were they still married or not? If they were married the father doesn't need to do anything, hew ill be atomatically considereed the father.

Another step is that the father might want to register the birth with the Australian Embassy, so the Australian embassy knows that a new Australian citizen was born. For that, contact the Australian embassy.

[jauntyjohn]

The important thing: were they still married or not? If they were married the father doesn't need to do anything, hew ill be atomatically considereed the father.

Another step is that the father might want to register the birth with the Australian Embassy, so the Australian embassy knows that a new Australian citizen was born. For that, contact the Australian embassy.

The husband is Australian, does this mean that the child has rights to Australian citizenship?

[Mario2008]

I don't know about Australian nationailty law, but i would say yes. The husband is the legal father and as far as the law is concerned the child will be his. He can register the birth of the child with the embassy.