Hello,

Does anyone know the status bestowed on a child born in Thailand to parents who are both foreigners? I understand they have a Thai birth certificate, but I have been unable to find any information beyond this. I have read that children born in Thailand of migrant workers from neighboring countries and even Thai hilltribe people are often denied citizenship, residency, rights, and sometimes even birth certificates.

Some questions I have are:

Do such children qualify for any rights in Thailand?

If they are not automatically naturalized, does their birthplace qualify them to apply for citizenship, residency, etc? What is the process?

If not, must an infant born here apply for a visa of his own and travel outside Thailand for a stamp every 90 days? If a visa is necessary, can they be included on the parent's visa?

Even without citizenship, would such a child be entitled to own land, conduct business, or have other priveledges on account of their birth place?

Also, I have a second question. Is there such a thing as a medical reason for an extension beyond the 90 days on a One year multiple entry O visa? My visa necesitates getting a stamp during my last month of pregnancy. I have just returned from Penang with my new visa and found that traveling while pregnant is not fun, and I suspect travel won't be very convenient when very far from where I plan to deliver. Even afterward, I'm not sure how wise it will be to travel with a new-born for a few months. What are the rules on this, and if a medical extension can be obtained what is the process for this.

Thanks for any information anyone can give me.

Yes, i believe you can get a medical exemption for your visa trip, get a note from your doctor before you go to immigration tho. as for rights of a child born in thailand, i don't know for sure, but suspect they have none. they will definitely get your nationality, you just need to go to the embassy to get a passport. I believe thailand does not give nationality to people born in this country, you have to have thai parents. lots of questions and I am afraid the only clear answer I can give you is to contact your embassy. You don't say what country you are from but I have found contacting my embassy (US) to be best done via email. the response is fairly quick and usually pretty comprehensive. good luck and good health!

Hi Scarlett,

Check out the Thai embassy website in Washington DC. They have pretty good info on aquiring Thai citizenship.

http://www.thaiembdc.org/index.htm

Then go to:

<Click> Consular Services (on the side bar)

<Click> Consular Informations

<Click> To aquire Thai nationality

Basically, a baby born in Thailand has to have at least one parent who is a Thai citizen. Otherwise, both parents have to be legal immigrants. Not sure what "legal immigrant" means, but I think it means someone who has been granted permanent residency here, rather than someone who is on a work permit. But you should double check this last point.

Sorry about not being able to answer the other questions.

I can say this much because I do know. Now whether this applies to Thailand is another question.

Babies born here in USA technically become USA citizens by birth. It does not matter if one is foreigner or Naturalized or by birth. If a foreigner has a baby here and they want to make sure the baby has the same rights from the parents home country, they have to apply for such at the nearest embassy bringing the documents etc.

In Thailand, yes one has to be a Birth Thailand Citizen either one of the parents. If both are foreigners, the answer is no. The baby is not a Thai Citizen. The citizenship belongs to the parents home country. Now if one of the parents is Thai Citizen - Such has to be granted at the Thai Embassy showing all the necessary paper work of such birth and one of the parents has to prove that they are citizens of thailand. Permanent residency does not count as far as I know.

I do suggest reading up this information on the Thai embassy consulars section and also make inquiries to the embassies involved. It can be confusing. Be double sure before you do anything OK

Generally speaking most countries do follow the simple rule. If such baby is born in their country that baby is a citizen of such country unless otherwise changed by parents request. The purpose of this is to avoid claims of rights or arguments etc between countries and parents. Now some countries such a Thailand for the most part do not follow this concept. Why I have no idea. Typical of Thailand.

So I wish you luck.

Daveyo

Samran's referral to that website is the way to go. If both parents are legal aliens in Thailand there is an opportunity to claim Thai citizenship for the child. The birth must be registered in Thailand, then the parents should visit the Consular Affairs Department of the Ministry of Foreign Affairs, 123 Chaeng Wattana Road, Lak See Bangkok 10210 Tel 02 981 7171 Fax 02 575 1038

On valid medical grounds Immigration will grant an extension, usually in line with the Clinic or Doctor's letter.

DaveYo,

It is not true that it is just typical Thailand...there are indeed many countries that do not grant the citizenship to baby born to foreign parents...for example some Nordic countries, many Asian countries, ... have you heard that one African couple immigrates to a wealthy country and simply an allowance for each child they get..so they make 10 babies and all the 10 babies get naturalized...and then what...you can imagine

Now some countries such a Thailand for the most part do not follow this concept. Why I have no idea. Typical of Thailand.

Singapore is another country where a child does not qualify for the Singaporean nationality, merely by being born there ... Typical of Singapore ?

I know that the England is another country that does not grant autmatic citizenship to a baby born to foreign parents in their country anymore either.

I had a few friends who were born in England to Iranian and Sierra Leonian parents who came to England for the purposes of giveing birth to their child and getting him/her citizenshiip rights. These babies are now in their twenties and had british passport and everything because their parents did this.

A few years after they were born though, the Brit caught on and legislated against it.

Also, I have a second question. Is there such a thing as a medical reason for an extension beyond the 90 days on a One year multiple entry O visa? My visa necesitates getting a stamp during my last month of pregnancy. I have just returned from Penang

I would think you could arrange something with hospital/immigration. If not would advise a border other than Malaysia as have seen late pregnant women refused entry (they try to have child born there rather than Thailand because they then got Malaysian citizenship). Not sure if still the case as observed this about 7 years ago but something to check.

Hey D80, when did this happen in Britain??? This is strange indeed. Yes babies born in USA, and I stand corrected here, are not technically automatically USA citizens by default, but a simple processing of papers to declare such baby as USA citizen from the parents is no problem.

However parents themselves cannot get it and have to go thru the process. So I guess they do have their limitations.

Ah, I can see why Thailand does not want the mother to re-enter if the baby is born in Malaysia. That means another process of paper work.

I would suggest that you contact your Doctor and get Immigrations to waive this upcoming Visa run due to pregnance and medical reasons. Usually they will allow such to be granted, and hopefully give you the extension needed for your recovery, which in most cases I would think a woman needs is 90 days.

Don't know what they will say or give to you. It is up to them and the Doctor. So instead of giving the baby the push, give the doctor the push,

Good luck

Daveyo

DaveYo,

not that this has any relevance to the origninal question, but I think you will find that all people who are born on US soil are automatically US citizens, regardless of the parents citizenship. Apparently there is a section in the consitution which grants citizenship to all born on US soil (can't remember which section though), and many of my Thai friends who were born in the US have US passports by virtue of this fact.

The norm these days however is not to grant automatic citizenship to anyone who is born in that country. Two noteable "Western"exceptions are Ireland and the US, as I mentioned. Most other countries these days require at least one parent to be a resident of that country if the baby is born there, which is the way Thailand handles its citizenship arrangements.

thanks friend, I thought i was right when i posted this in the beginning. I began to have doubts. Whewwwwwwwww

Daveyo

yes, if there is one thai parent, it's no problem to get a thai passport for the child born in thailand.

to get also a passport of the country where the Dad is a national of depends on the country. most countries will grant such (dual nationality to be decided at a later age by the child).

however, f.e. The Netherlands changed its law this year in April that if you did not acknowledge the embryo (so before it's born) to be yours, you will have a waiting period of 3 years where you have to prove you support the child.

If you did acknowledge the embryo (legal papers at the embassy) or if you have YOUR name as registrar of the thai birth certificate (which means you CAN'T let the hospital do it for you!!!), then you can get a Dutch passport with no problem.

This is too bad for all those who had their baby right before this stupid law came into effect.

The Dutch government makes trouble for those children and parents thereof, while the country is (STILL) being overcrowded with foreigners who end up to have more right than a baby born of a Dutch national abroad!!!

BUNCH OF The Hague IDIOTS!

Scarlett, FWIW, what about dropping into Immigration and asking one of the ladies there. I think you will give you all the info you need re an extension without leaving the country, and get a telephone number for the person you talk to. When your run comes up ring her, and ask for an appointment to see what has to be done, take a doctors letter on his official hospital letterhead.

Ladies to ladies is simpler because they can understand the predicament, many of them having shopped in the same arcade.

Best of luck with the addition to your family.

Did the Pom with the red wine front ? This thread ( or threat as Tomy had it ) is more than a month old ....hmmmm