Does A Birth Certificate Have To Name The Father?

[ranma500]

It's a long and complicated story, but...

My girlfriend just gave birth to a baby boy.

It is extremely unlikely that I am the father.

Until we do a DNA test, I do not want to be named or declared officially as the father.

However, the hospital has told us that for a baby to get a birth certificate, there MUST be a named father.

And without a birth certificate, entering school, getting an ID card, and many other things will be almost impossible for the child in the future.

I didn't quite believe this. I've heard many times about guys getting girls pregnant and running off. I would have thought this situation would be very common.

However, I consulted a lawyer.

He told me that it is indeed true that a father must be named on the birth certificate.

He said that for me to use my passport for the birth certificate would not either make me responsible or actually give me any rights either.

He claimed that in order for parental rights/responsibilities to be established, I must either:

marry the girl

go to the amphur with the girl

or for her or I to petition the court.

He basically said that the birth certificate does not establish parentage.

Can anyone confirm that this is indeed the case?

Is there really no risk at all to my passport being used to register the child's birth?

Thanks.

ranma

[MikeyIdea]

The lawyer was absolutely correct, having you named as father on the birth certificate gives you no rights what-so-ever. You are still hardly even a relative of the child according to law. However, becoming a parent with parental powers (read have custody) is more difficult and will cost more in the future if you are not named as the father on the BC. And at the other end, the mother could in the future sue you for alimony of the child (not less than 3,100 bath per month but not much more either - depending on age) and you would have to demand a DNA test to prove that you are not the father (which you by he way cannot demand until the child is legitimized as yours - not a problem, if you contest, then the court will order a DNA test)

One addition to what the lawyer said. The option of going to the amphur is normally only open when the child is over 6-7 years old, the reason for that is that child, mother and father all have to agree

No one can force you to put your name on the BC against your will of course. Hold tight on your passport and all copies of it if you don't want it to happen. Legally, a child must be registered within 15 days but it is not a criminal offence not to do it of course. There is a fixed penalty (pretty high, think it was 2,000 bath or someting, still peanuts though) for missing the deadline and it is very possible for the mother to just wait until DNA test has proven fathership. The hospital will hate it but that is their problem. The hospital is right that there will be problems entering schools, ID card and all that if the child doesn't have a BC, BUT - the child can get a BC later after you have the DNA evidence that you are the father too, no problem. Now, the problem is if you are not the father and don't want to have your name there, the (normal) Thai solution to that problem is to put in an uncle or someone else, can also be done afterwards

If you love the girl and the child and wants to take care of him regardless of it is yours or not, then by all means do put your name there. If things turn sour then you should remember that you will not have custody unless you marry and the mother could use the fact that she has sole custody and it's no use for you to sue as the DNA will show - not you buddy. To stop that from being possible to happen, you and the mother should go to court rather quickly after the birth (it is a formality if mother and father agree) and get the child legitimized (difficult or very difficult to get revoked)

Of course there is a risk giving them your passport, depending on how you see it

You are in your full right to refuse until DNA test

Edited March 12, 2010 by MikeyIdea

[ukfool]

Don't do it, you'll open up a keg of worms.

Wait for DNA test, please.

[Mario2008]

You have 15 days in which the child has to be registered at the amphur. Not sure how long a DNA test will take. Penalty for late reporting is 1,000 baht.

[MikeyIdea]

Be a bit careful with the signatures at the hospital if you don't want to be named as father, I don't see any reason why you should have to sign anything unless you do really. The hospital will push and demand a father probably, for two reasons, 1) they pity the mother 2) their forms and policies include the name of a father and they don't know what to do if they don't have one

Thanks Mario2008, 1000 bath it is.

You will not open up a keg of worms if you accept, my previous post give you the legal perspective of that, you could open up a keg of worms for the child if you don't.

If you don't, remember that it is your responsibility to arrange DNA test and to take the mother /your girl friend to the amphur with her uncle's ID card whatever to get the child a BC.

[MikeyIdea]

I work opposite the police hospital and went over on a lunch break and asked a couple of months ago, a DNA test there cost around 5,000 bath, takes 2 to 3 months and the lady I talked to said that they do not require a court order before doing one (Chulalongkorn hospital refuse to do DNA test without court order). Could be a good option to private hospitals where they of course charge at least 5 times more.

One negative aspect of the police hospital are the queues, lot's and lot's of people. If you go there, be there at 7 AM or before

I would confirm one more time with the hospital if they accept to do DNA without court order, before bringing the mother and the child there, these things can change quickly and I had expected them to answer 6 months

Edited March 12, 2010 by MikeyIdea

[ranma500]

May I answer my own question, as this may be of use to others.

One lesson to be learned is that sometimes lawyers give you totally incorrect information.

The first lawyer told me that there must be a father named on the birth certificate.

This is absolutely not true.

Here is what I learned in the end:

1. A hospital itself does not issue a birth certificate. It is a births and deaths registrar who must do that. Some hospitals may have a registrar based within the hospital premises. Others will simply collect the information from you and have the certificate issued elsewhere.

2. If your hospital is not being efficient at this procedure, you do NOT have to use the hospital to register. You can do it yourself direct with the Registrar. All you need from the hospital is their records of the birth date and time. The hospital can tell you where to find the Registrar that is local to the hospital.

3. Some hospitals may not accept a birth registration without a father's name. This is only the hospital policy. It is not the policy of the registrar, nor is it law.

4. When the mother attends the registrar's office, they ask her who the father is. If she says that she does not wish to name the father, they will ask why. All she has to say is that she has private reasons, and she does not wish to discuss it. Then they simply tick that box on their sheet. The certificate is then issued without further ado.

I am extremely glad that I did not believe the first lawyer.

A birth certificate has now been issued, and I didn't have to rush into anything.

If I later find either that I am the father, or that I wish to become a parental guardian, those options are still open.

When I didn't believe the first lawyer, I contacted Tilleke and Gibbins, one of the oldest international law firms in town.

They are not cheap, but the most important thing is that I got proper, fast and accurate information that guided me through the correct procedure.

This experience showed me that on important matters, it really is best to pay the money and get the best legal advice.

Best wishes,

ranma

[MikeyIdea]

ranma500, thanks for coming back posting this info