Getting A Thai Passport For An Infant Without The Fathers Consent

[kuntakinte]

dear everyone,

my dads ex-girlfriend, (a chinese citizen) recently gave birth to my half sister. she wants to take the baby to china with her...now my dad refuses, and wants to keep my sister in bangkok. i should point out that my dads ex is a far, far more responsible person than my dad, and has a large family in china who can more than adequately provide for the baby...in contrast, my dad is near penniless, working so would not have any time for the baby, has an alcohol problem and a history of domestic violence. as his son, i can safely say he is an absolutely terrible father.

it goes without saying that im fully behind my sister's mother...all we want to do is make a thai passport and leave thailand as soon as possible...is there any way to make a passport without the fathers consent/involvement? so far everyone i have asked has said that we need the house registration, mothers passport, fathers id card, birth certificate and signatures of those involved...surely there must be another way?

should we take him to court? can anyone see any other solutions? so far he thinks we are helpless, and we want to keep him thinking that, as he may well respond violently if he thinks we are about to escape...

I am incredible appreciative of any suggestions at all, I dont know the first thing about legal proceedings or thai immigration law, and all i want to do is help my friend, and help my sister have a much better life than the one offered by my abusive dad.

thanks everyone

[Mario2008]

If they were legally married the father of the child must consent in giving a passport. There is now way around that, unless they divorced and the mother now has sole custody. Given the history, she could file for sole custody if she hasn't got that. When she has sole custody, the father's permission is not required.

Can't she try to get a Chinese passport for the child and leave on that?

[PoorSucker]

Is your father Thai?

[Mario2008]

The mother seems to be a Chinese citizen, so the father must be Thai. Otherwise the child would not be a Thai national.

(With which I seem to have answered my own question about the child being legitimized or not. The father seems to be the legal father).

[Lite Beer]

To the OP. Did the lady concerned sort out her 4 month overstay or did she end up in the I.D.C as you suspected she might.?

Being here illegally is not going to help things.

[kuntakinte]

Did the lady concerned sort out her 4 month overstay or did she end up in the I.D.C as you suspected she might.?

in reply to the above...no thankfully, shes not in the IDC...i contacted a very helpful person in thai immigration, who said we can only pay the fine when we know what day we are going to leave...and we have no idea other than "as soon as possible"...until we know we'll continue to hide our passports...

and she is not married to my dad (my dad is married to someone else...) so should have sole custody, however, the only information ive been able to find so far has been concerning thai citizens, and shes chinese...i also read somewhere about something called a Por Kor 14...?

also, we contacted the chinese embassy, and they said we have to get a thai passport as the baby was born in thailand, then change nationality in china.

thanks for the help so far everyone

[Mario2008]

If hse is not married to your dad, she will only have joined custody with your dad if he himself registred the birth of the child at the amphur. if anybody else did that, the mother or the hospital for instance, he doesn't have joined custody.

A simple way to check is to look at the birth cetificate. it should list 4 names:

the name of the child

the name of the mother

the name of the father

the name of the person registering the child

If the name of the father is not equal to the name of the person registering the child he has not legitimised the child. The mother wll have sole custody and if she is only Chinse and not also Thai the child will not be a Thai citizen.

There is no way you father can prevent her from taking the baby with her.

Being born in Thailand does not make the child Thai. Only when one of the legal parents is Thai is the child a Thai citizen.