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Giving Birth To A Baby On American Soil Or In Thailand?


chrisofphoenix

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My Thai wife is now pregnant and is due at the end of August. We currently live in the states and will so after the baby's is born. We married last year in the states after she came over on her K1 visa. She now has her green card. We were wondering if there are any advantages (or disadvantages) of having her give birth in Thailand vs the United States. Are there advantages for our child to be born in Thailand, ie dual citizenship, future property ownership? Thanks

Edited by chrisofphoenix
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No real advantages either way. Can have both a Thai and a US birth certificate regardless of where she is born. If in Thailand, can get a US state department certificate of birth which of course you can use to get a US passport. If born in the US, will have to apply for a Thai birth certificate through a Thai Embassy in the US. Not a big deal. When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc...

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No real advantages either way. Can have both a Thai and a US birth certificate regardless of where she is born. If in Thailand, can get a US state department certificate of birth which of course you can use to get a US passport. If born in the US, will have to apply for a Thai birth certificate through a Thai Embassy in the US. Not a big deal. When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc...

Who know may be your child want to be US president then should be born in US soil :) , other than that no real advantage to be born in either place

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I'd suspect, from a citizenship via descent perspective, that being on US soil may be slightly more advantageous, not for your child, but for your grand kids. Let me explain.

I'm not sure how US citizenship law works, but for many western countries, while it is perfectly fine for the first generation to be born outside of the country (ie outside the US) and for that child to get citizenship via descent, when that child grows up and subsequently has a child outside the US, there may be issues passing US citizenship down to his or her child (ie your grand children).

Just a comparison: Australians born outside of Australia (ie citizen via descent) need to live in Australia for at least two years of their lives if they wish to pass on citzenship to their children of born overseas. NZ requires citizens via descent to live in NZ for five years before they can pass their citizenship on to their overseas born children.

Thailand on the other hand doesn't have such rules. A child born to a Thai citizen automatically aquires Thai citizenship regardless of where they are born, or where their Thai parent was born. So, in theory, a Thai could move to the US, never have anything to do with Thailand again, and their great great grand children would be eligble for Thai citizenship so long as all their parents were registerd as Thai citizens via the embassy.

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"When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc..."

No need for an ID card or to be in a house book to get a Thai passport.

Take the child's US birth certificate to a Thai Embassy or Consulate in the Us and they'll issue you a Thai birth certificate.

You then use that to apply for a passport. You can do both in one trip.

A very easy process.

-------------------

"When she is of age..."

Don't understand what the poster means by that. Age is not relevant for getting on a house book or for getting a Thai passport.

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If one of your parents is a US citizen, you are eligible for US citizenship. If you are born on US soil--and certain other areas, such as in an Embassy compound on a US ship etc, you also get citizenship.

Since your daughter will not be a naturalized citizen, there are virtually no further implications.

I would, however, have the child born in the States. At this juncture in time, I think there will be advantages in other areas for a child who was physically born in the US.

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No real advantages either way. Can have both a Thai and a US birth certificate regardless of where she is born. If in Thailand, can get a US state department certificate of birth which of course you can use to get a US passport. If born in the US, will have to apply for a Thai birth certificate through a Thai Embassy in the US. Not a big deal. When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc...

If you child is born in the U.S. she will be considered a U.S. citizen. There could be benefits there depending on the point of view. Think of the childs future.

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"When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc..."

No need for an ID card or to be in a house book to get a Thai passport.

Take the child's US birth certificate to a Thai Embassy or Consulate in the Us and they'll issue you a Thai birth certificate.

You then use that to apply for a passport. You can do both in one trip.

A very easy process.

-------------------

"When she is of age..."

Don't understand what the poster means by that. Age is not relevant for getting on a house book or for getting a Thai passport.

Not always true, I have a daughter who is presently awaiting her birth certificate from the Thai Embassy in Washington DC. She lives in Thailand and needs an ID card to take to the Passport office.

Edited by Pakboong
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Not always true, I have a daughter who is presently awaiting her birth certificate from the Thai Embassy in Washington DC. She lives in Thailand and needs an ID card to take to the Passport office.

You are applying in Thailand, when applying for a passport abroad you don't need a Thai ID-card or being on someone's household book.

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If you are already in the States have the baby there. Like another poster stated it is just paperwork. Our son was born in Thailand. The advantages (or disadvantages) are the same regardless if the baby is born in the States or Thailand.

The baby will have dual citizenship either way. Our son holds both US and Thai passports, Thai BC and US consular (birth) certificate.

BTW: Congratulations! :)

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I'd suspect, from a citizenship via descent perspective, that being on US soil may be slightly more advantageous, not for your child, but for your grand kids. Let me explain.

I'm not sure how US citizenship law works, but for many western countries, while it is perfectly fine for the first generation to be born outside of the country (ie outside the US) and for that child to get citizenship via descent, when that child grows up and subsequently has a child outside the US, there may be issues passing US citizenship down to his or her child (ie your grand children).

Just a comparison: Australians born outside of Australia (ie citizen via descent) need to live in Australia for at least two years of their lives if they wish to pass on citzenship to their children of born overseas. NZ requires citizens via descent to live in NZ for five years before they can pass their citizenship on to their overseas born children.

Thailand on the other hand doesn't have such rules. A child born to a Thai citizen automatically aquires Thai citizenship regardless of where they are born, or where their Thai parent was born. So, in theory, a Thai could move to the US, never have anything to do with Thailand again, and their great great grand children would be eligble for Thai citizenship so long as all their parents were registerd as Thai citizens via the embassy.

You are very correct, for the US the requirments are as follows (from wiki):

A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:[6]

1.One of the person's parents was a U.S. citizen when the person in question was born

2.The citizen parent lived at least five years in the United States before the child's birth

3.A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

I agree that except for the cost, the advantage is to be born in the US.

TH

Edited by thaihome
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I suspect there is a lot more paperwork and effort for security clearance approvals under background investigations for many US Government jobs or private companies jobs working on certain government contracts if you claim citizenship in the US and another country.

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Not always true, I have a daughter who is presently awaiting her birth certificate from the Thai Embassy in Washington DC. She lives in Thailand and needs an ID card to take to the Passport office.

You are applying in Thailand, when applying for a passport abroad you don't need a Thai ID-card or being on someone's household book.

She applied in the US but lives here. She was born in the US. This all happened less than a month ago. She is now 31 years old and here on a US passport.

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A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:[6]

1.One of the person's parents was a U.S. citizen when the person in question was born

2.The citizen parent lived at least five years in the United States before the child's birth

3.A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

I agree that except for the cost, the advantage is to be born in the US.

TH

The above is correct and if you read closely, you will see that it does not matter where the child is born....

There is still the issue of whether or not your grandkids with be US citizens, but this will not change if you simply have your child in the US.

For example... I am a US citizend, born in the US and lived there until my 28th birthday.... when my children were born here in Thailand, I still needed to show proof that I (the citizen parent) lived for at leaset 5 years in the US before the Embassy would issue my children their birth certificate and US passports.

This means that even if your child is born in the US and then comes back to Thailand, they will still need to pass the same test when they have kids.

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Congratulations!

My Thai wife recently gave birth to our son on November 24, 2009 in Nashville, USA. We contemplated the same question. My wife really wanted to have the baby in Bangkok with her family but opted to have it here in the states to guarantee that I would be present for the birth - Lucky me because he came early!

As I see it the primary draw back is that your wife's family won't be here to support her the way they could in Thailand. My wife is leaving for Thailand next week - our son will be 2 months then. She can't wait to go. - If you do have your baby in the U.S. get them over to Thailand ASAP. Your wife will need to see her family. Just be sure to apply for the expedited U.S. Passport once you receive your certified birth certificate from the State....be sure to order multiple copies.

If you do have the baby in Thailand then you will have the added step of registering your child's birth with the US Embassy and getting a US Certificate of Birth Abroad.

This step could be avoided if you have the baby in the U.S. - that is unless you intend to acquire Thai citizenship for your U.S. born baby - which we are in the process of doing....also a pain in the rear.

The "foreign born" (outside of Thailand) baby must be registered with the Thai Embassy/Consulate by completing the required paperwork. You should be able to do this all via mail. Then the Thai Embassy/Consulate should issue your baby a Thai Certificate of Birth Abroad will be issued. Once your child receives this certificate he/she is a Thai citizen and may apply for a Thai Passport - must be done in person - may be done in Thailand or at a Consulate or Embassy in DC, but you must have the Thai Birth Certificate first.

Best of Luck to you!

Edited by dixonbm
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No real advantages either way. Can have both a Thai and a US birth certificate regardless of where she is born. If in Thailand, can get a US state department certificate of birth which of course you can use to get a US passport. If born in the US, will have to apply for a Thai birth certificate through a Thai Embassy in the US. Not a big deal. When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc...

Who know may be your child want to be US president then should be born in US soil :) , other than that no real advantage to be born in either place[/sizte]

If both parents are US citizens and the child is born in Thailand, one does not have to give up hope that their child may someday become US president since it is not necessary to be born on US soil to become US president. One can be born abroad and still be considered a natural born citizen and elligible to become US president as long as both parents were US citizens at the time of birth. A very recent example of this was the presidential candidate John McCain who was born in the Panama Canal zone .

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  • 3 weeks later...
"When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc..."

No need for an ID card or to be in a house book to get a Thai passport.

Take the child's US birth certificate to a Thai Embassy or Consulate in the Us and they'll issue you a Thai birth certificate.

You then use that to apply for a passport. You can do both in one trip.

A very easy process.

-------------------

"When she is of age..."

Don't understand what the poster means by that. Age is not relevant for getting on a house book or for getting a Thai passport.

Not always true, I have a daughter who is presently awaiting her birth certificate from the Thai Embassy in Washington DC. She lives in Thailand and needs an ID card to take to the Passport office.

she'll have to present her Thai BC and her US passport to the ampur to show when she entered Thailand. When I registered at the Ampur, aged 30, I showed my Thai BC from Canberra and my Thai passport which I entered on, also issued in Canberra (and hence, no need for ID to get it there).

The fact that she entered on the US passport might confuse the heck out of the ampur (ie...they may falsely claim that she can't have two nationalities etc). I was indeed asked that question if I had two nationalites (to which I answered honestly) which made her 'unsure' about my registration, but the ampur lady had the foresight to ring immigration and confirm for herself that it was legit to have more than one nationality.

Just a heads up on a potential problem

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Have the child in the US.Then apply through the Thai embassy for a Thai birth certificate.To do that you will first have to get the US birth certificate from your state.Then have that certificate certified by your Secretary of State from your state.Then that will have to be authinticated by the Secretary of State in Washington DC.At present that is Hillary Clinton.You will then send that authinticated birth certificate to the Thai embassy with the application ( that is written in Thai ).If you are a man and Thai then you have to fill out the application.If your wife is the Thai person then ethier one of you can fill it out.The Thai embassy will keep the one signed by Hillary Clinton.When you recieve the Thai birth certificate you can then now apply for a Thai passport for your child.Now that you will have to go to the Thai embassy ( not the Thai consulate in your city ) in person to apply for the passport.It is not as complicated as it sounds.You will not be able to get a Thai ID card for your child until they are 15 years old.It was 18 some time back but they lowered the age to 15.

It would be cheaper to have the kid born in a Thai hospital if you do not have insurance but..............................Up to you.Me, ours born in the US and happy we did.

Need to add this bit of info.To apply for the Thai passport you will need your passport to leave with the embassy.Better to get a copy and have it notorized,they will accept that instead of your passport.The Thai person also.They will mail the passport to you ,by Fedx when they get it back from Thailand.You see they have to mail the application with your passports to Thailand for proccesing.

Edited by blue eyes
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Yes, natural born US citizen just means that you were a US citizen at birth and did not need to apply for US citizenship.
The kid in the future will get unemployment benefit, which he/she will not get in Thailand and the mother being married to an American will get child endownment as she can not work. So I have been told?
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Yes, natural born US citizen just means that you were a US citizen at birth and did not need to apply for US citizenship.
The kid in the future will get unemployment benefit, which he/she will not get in Thailand and the mother being married to an American will get child endownment as she can not work. So I have been told?

The above is not exactly true and where the child is born will not affect any of the above benefits.

Thwe child will be a US citizen regardless of where they are born "as long as at least one of the parents meets the required criteria" if not then if they are born on US soil they will be a US Citizen (but from my reading of the OP earlier post, he meets the requirements so his children will be US citizens regardless of where they are born).

Unemployent benefit is actually paid by each individual state not the US government. When you are working for a US company and are fired/let go (does not apply if you quit) they can apply for unemployment, and max time allowed is 6 months. This will not be affected by where the child is born.... only where they decide to work when they grow up (fyi... Thailand has a lump sum serverance pay).

Also, the mother would not get any Child endowment from the US government for not being able to work... in the US they have "Welfare", but in order to qualify for this they would need to meet the income requirements... basically the mother would need to be unmarried with no income and she would need to be a US citizen / permanent resedent in order to apply.

Not mentioned, but Social Security (old age pension) is deducted from a workers salary and I believe that the MIN required years of working in the US to receive any beneift is 13 yrs (very small if this is all you work), but again this would depend on where the child chosses to work once they grow up rather than where they are born....

Short answer.... it makes absolutely no difference where the child is born, unless at least one of the parents does not meet the min "time of residence in the US" needed for thier children to become US citizens.

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No real advantages either way. Can have both a Thai and a US birth certificate regardless of where she is born. If in Thailand, can get a US state department certificate of birth which of course you can use to get a US passport. If born in the US, will have to apply for a Thai birth certificate through a Thai Embassy in the US. Not a big deal. When she is of age, she can get on a family house book in Thailand then obtain an ID card which can be used to get a Thai Pass port, etc...

Who know may be your child want to be US president then should be born in US soil :) , other than that no real advantage to be born in either place[/sizte]

If both parents are US citizens and the child is born in Thailand, one does not have to give up hope that their child may someday become US president since it is not necessary to be born on US soil to become US president. One can be born abroad and still be considered a natural born citizen and elligible to become US president as long as both parents were US citizens at the time of birth. A very recent example of this was the presidential candidate John McCain who was born in the Panama Canal zone .

I was going to mention the challenge to McCains citizenship, and the right to run for President. His father was active military at the time he was stationed in Panama, so he was eligible to run.

Holders of dual citizenship may not be considered for many government jobs in the US. :D

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