How To Gain Parental Rights As A Father

[mussen]

Does the court where the judgement is lodged have to be in the area where the child is registered? eg: my Son is in the blue book in Korat, we live in BKK though, can I lodge at the court here in BKK? I received the response below from a lawyer, is that correct?

________________________________________________________________________________

The child has to move the name into a house registration book in BKK. It could be any house that the house owner allows the child's name to be added in. Then, we can register the legal paternity here in BKK. After the registration is completed, the child's name can be moved back to the original house book.

________________________________________________________________________________

[Mario2008]

That seems to be right. Normally which court has jurisdiction over a case is determined by the (official) residency of the child.

[sunny6301]

So if I had to go through all of that for something that has no legal bearing, what in the lord's name will they require me to do to legalize/legitmize myself as my son's father? Will I have to juggle 4 fire sticks while simultaneously cooking a flawless dish of pad thai coong while my son chants "Go, Papa, Go!"

i love this quote scotty !

personally, i am not married but am on my son's thai birth certificate (born in Bangkok) and also listed as the father on my son's tambian baan (grandmothers house way up north). My son's mother went to the amphur herself, they never asked for a marriage certificate, did I luck out ?? as reading other posts unmarried fathers aren't considered legit unless they are married, ?

You are not the legal father of the child, till you either:

- marry the mother

OR

- go to court and petition to be recognised as the legal father

OR

- go to the amphur with mother and child and make a claim that you are the fahter of the child. (For this the child has to be at least about 7 years old, but some smaller amphurs do it at an earlier age).

When checking with the amphur today, they verified me as the legal father, and as listed on the tambian baan as the father not sure how I can not be the legal father.

[justaphase]

Do you think it would work if you went to the amphur office and the resemblance between father and son were uncanny?

My son is the spitting image. How picky can they be?

Would it help going there with a bottle of Mr. Walkers finest?

Off topic, but does this new law mean i can't get a 3month Imm o in Penang just with the birth cert with my name on?

[Mario2008]

The birth certificate alone is not enough. But how each consulate will inplement the new rule is unknown.

If you can, I would also take a note and copy from the ID card from the mother with you asking for a visa for you in order to take care of the child and confirming you are all living together. It might improve your chances.

[Micke]

My daughter, 10 yrs old, has a stranger (Thai national) registered on the birth certificate as the father, reason known only to her Thai mother (mother has been dead for five years, we never married). I was not present during birth. But I do have DNA proof of being the father and I have supported her all these years.

How can I change the name on the birth certificate? Staff at the local amphur office told me to contact the Thai guy on the certificate. Unfortunately, he is not available.

They did agree with me, however, that she doesn't look like a Thai child; it is quite obvious she is a luk-krung.

Edited March 7, 2012 by Micke

[Mario2008]

It is not uncommon that a family member is mentioned on the birth certificate as the father, rather than to leave open who the father is.

I'm not sure what needs to be done in your court, you probably need to go to court as the mother is no longer there to give permisison. For your case I would seek legal advise, or ask advise from the Department of Provincial Administration, they will know better what to do in your case.

www.dopa.go.th

[JimmyGreaves]

In all likelyhood not. A 1 year old child cannot confirm you are the fahter, as their speech and intellect has not developed enough.

As said, there are some cases where a minor under 7 years old was accepted to make a statement, but they were at least 3 or 4 years old. (The law doesn't give an age, it only says that the child must agree/confirm that you are the fahter. The general norm set by amphurs seems to be 7 years).

Mario, we got the Amphur document with our daughter being 5 year old and just having to answer a few questions like 'What's your Daddy's name'

[Mario2008]

That is not uncommen, as said the law doesn;t specify an age. There have been reports of 4 year olds even. Especially up-coutnry, where a lot of people know eachother, it certainly can't hurt to try it if the child kcan speak and answer a few simple questions. Having a well respected member of the community, like a village headman, going with you also helps.

But in general amphurs seem to follow 7 years as a guideline.

Congratulations.

[MotoGuzzi]

In all likelyhood not. A 1 year old child cannot confirm you are the fahter, as their speech and intellect has not developed enough.

As said, there are some cases where a minor under 7 years old was accepted to make a statement, but they were at least 3 or 4 years old. (The law doesn't give an age, it only says that the child must agree/confirm that you are the fahter. The general norm set by amphurs seems to be 7 years).

Mario, we got the Amphur document with our daughter being 5 year old and just having to answer a few questions like 'What's your Daddy's name'

If I understand correct, then the acknowledgement of paternity can be only made in the amphoer where the child is registered.

Today one officer told me that it could be done everywhere, but I fear he only wanted to get rid of us at that moment.

Which documents are needed?????

Today they told me that beside birthcertificate of my child and documents from the mother they would only need a translation of my passport into Thai, certified by the ministry of foreign affars. I never heard before that a passport has to be translated....

But back to my main question, where can we do it, and which documents are needed?

[Mario2008]

You go to the amphur where the child is registered in the house hold registration book. It would be news to me if you can just go to any amphur, but can't say for sure it can only be done there.

Appear with the mother and child and birth certificate.

A translation of your passport is often asked for, as your details will be entered into the records in Thai language and script. (should be the same as int he birth certificate, if you are mentioned there). The ceritification by the MFA is a bit over the top, but not that unusual. They just want to be sure that they follow the correct procedure.

[TommoPhysicist]

It will be accepted as proof, by the court. What DNA-proof does is making it difficult to contest you are not the father. You still have to go through court if the mother and or child doesn't agree or the child isn't old enough.

Next step will be (shared) custody, if the mother disagrees.

Thanks for your replys Mario, appreciated. It is an interesting topic.

I always assumed in UK that whoever was named on the birth certificate was accepted to be the father, legally speaking. Makes me wonder if that is actually the case now.

To be named as father on a UK birth certificate, the father must be present when the birth certificate is issued and agree he is the father.

In Thailand any male may be registered as the father without being present in the Amphur office when the birth certificate is issued.

Often unmarried Thai ladies will name their father, an uncle or a brother just to fill in the blank and avoid 'loss of face'.

[branko99]

Our Child have two Nationality, Croatina and Thai.We want to go to living in Thailand.After 10 years, me and may wife agreed to living separeted.

She was agreed that our daughter will stay and living with me. Is it possible to make some contract, to be shure that she can not take away

child from me?

Thanks

[Mario2008]

It depends on the situation.

In the first place are you currently married (or were you when the child was born) and where was the child born?

If you are married, upon divorce in Thailand you can make an agreement regarding the child wich you enter in the divorce register at the time you divorce. That would be legally binding.

I

[branko99]

It depends on the situation.

In the first place are you currently married (or were you when the child was born) and where was the child born?

If you are married, upon divorce in Thailand you can make an agreement regarding the child wich you enter in the divorce register at the time you divorce. That would be legally binding.

I

Thanks for giving answer.

The child was born in Croatia. We have make for she Thai passport in Thai embassy Budapest.What i am worry is situation(,regardless we are official mary or not,) that she can broke our agreement and take away the child from me? Have some form of contract or agreement with witch I can be sefe that this can not be hapen?

[Mario2008]

Your legal possibilities are determined by the questioned if you were married at the time the child was born or not. If not, you might not even be the legal father (unless you recognised the child) and have no rights at all.

If you are married and now divorce in Thailand with an agreement that she gives you full custody over the child, she cannot just take the child away from you.

[scott1999]

Your legal possibilities are determined by the questioned if you were married at the time the child was born or not. If not, you might not even be the legal father (unless you recognised the child) and have no rights at all.

If you are married and now divorce in Thailand with an agreement that she gives you full custody over the child, she cannot just take the child away from you.

thanks Mario for your support

me and Michael are taking bets, i say the mother will not come on 25th and Michael thinks she will come, good news is in 47 days we will be in juvenile, and we will find out.

[mightyharriss]

Sorry... I really don't understand this...... my details are on the Thai birth certificate as father.. I am not married to the mother although we have been together for well over 10 years... Are you saying legally my child is not my child until we are married? If so that is some real BS right there.... What do I have to do to get a british birth certificate.. All this stuff is beyond me I just can't understand....

I sort of understand I have to get the thai BC translated then taken to British embassy. Mother has British passport as do I.. so how much would it cost et all..

[Mario2008]

Sorry... I really don't understand this...... my details are on the Thai birth certificate as father.. I am not married to the mother although we have been together for well over 10 years... Are you saying legally my child is not my child until we are married? If so that is some real BS right there.... What do I have to do to get a british birth certificate.. All this stuff is beyond me I just can't understand....

I sort of understand I have to get the thai BC translated then taken to British embassy. Mother has British passport as do I.. so how much would it cost et all..

Indeed, legally the child is currently not yours. Marrying the mother is one of the options to become the legal father. There are two other options:

1. if the child is 7 years or older go with mother and child to the amphur and state that you are the father with them agreeing to that.

2. go to court and ask to be recognised as the legal father, this is necesarry if the child is too young to give consent or if mother or child doesn't give consent.

The britsh birth certificate and recognising the child under UK law doesn't have any meaning in Thailand. As the child is born in Thailand a Thai court will not recognise them, (although it will take note of them).

The embassy website will take you through the steps to get a UK birth certificate and passport, etc.

I understad it comes as a shock for you, but it isn't BS. When a woman is not married the law can't make a presumption who is the father of her child and anyone can be named on the birth certificate as the father, without his knowledge. That is in most countries the case.

[MaciejKlimowicz]

Hi,

What if my GF is not Thai? (She's Indian). We're not married. Who has the parental rights?

And what exacly are they - what rights does the father get when he gets married to the mother?

I'm Polish and my baby will have a Polish citizenship too, just because I'm his or hers father. (unless we decide to give it Indian citizenship - it cant have both unfortunately). I wonder if the birth certificate form a Thai hospital will be enough to register the birth in my embassy - it's not enough to get parental rights in Thailand so....???

best

Mac

[Mario2008]

The birth certificate should be enough, but it is not enough to establish your rights as the father under Thai law. With getting the child Polish nationality you will probably be the father under Polish law, but not here in Thailand.

For that you have to go through court or marry the mother.

[JordanL]

This has been a very interesting thread so far, thanks to everyone for contributing this information. I have a complicated situation which I would like to seek advice on.

I broke up with my Thai girlfriend two and a half years ago just before she discovered she was pregnant. She kept the child and I was not aware of my son's existence all this time until she made contact with me 3 months ago when my son was already 17 months old. At the point of birth registration, the father's name was left BLANK, and she was told that she may add the father's name at a later time with a DNA test report from a Thai hospital.

We have since got back together and I have plans to bring both mother and son back to my home country. I see the following as obstacles that I am required to overcome to complete this whole process (at least on the Thai side of the law):

1.) Getting a positive DNA result (already done, currently waiting for results)

2.) Getting my name into my son's birth registration certificate

3.) Marrying my girlfriend

Once the above 3 steps are done, can I safely assume that in the eyes of the Thai law, I am both the legal and biological father of my son? Sounds pretty straightforward but I would like to understand if anything could go wrong.

Thanks!

Edited August 13, 2012 by JordanL

[Mario2008]

Yes, with step 3 completed you will become the legal father of the child under Thai law.

Step 1 allows you to petition the court to become the legal father without getting married. But if you marry soon, it will be a waste of money.

[donbdc]

Sorry... I really don't understand this...... my details are on the Thai birth certificate as father.. I am not married to the mother although we have been together for well over 10 years... Are you saying legally my child is not my child until we are married? If so that is some real BS right there.... What do I have to do to get a british birth certificate.. All this stuff is beyond me I just can't understand....

I sort of understand I have to get the thai BC translated then taken to British embassy. Mother has British passport as do I.. so how much would it cost et all..

Indeed, legally the child is currently not yours. Marrying the mother is one of the options to become the legal father. There are two other options:

1. if the child is 7 years or older go with mother and child to the amphur and state that you are the father with them agreeing to that.

2. go to court and ask to be recognised as the legal father, this is necesarry if the child is too young to give consent or if mother or child doesn't give consent.

The britsh birth certificate and recognising the child under UK law doesn't have any meaning in Thailand. As the child is born in Thailand a Thai court will not recognise them, (although it will take note of them).

The embassy website will take you through the steps to get a UK birth certificate and passport, etc.

I understad it comes as a shock for you, but it isn't BS. When a woman is not married the law can't make a presumption who is the father of her child and anyone can be named on the birth certificate as the father, without his knowledge. That is in most countries the case.

With regards number 2. If the mother gives her full consent would we still have to petition the court?

We have visited the amphur building in Pattaya and was just told to get married.... The court in Pattaya was not much help either and we was told we have to go to the chonburi court.

[Mario2008]

For number 2 it is essential that you petition the court, family court in this case and in your case I believe that would indeed be in Chonburi.

The mother agreeing makes it easier and speeds things up.

You can do it at the amphur if mother and child agrees and the child needs to be at least 6 or 7 years old. If younger, the amphur is right to deny unless you get marreid. But if you also want an extension of stay based on your child, I advise you to go through court and not the amphur. Many immirgaiton offices only accept a court decision (or marriage) and not the registration at the amphur.

[Danielsiam]

Yes, with step 3 completed you will become the legal father of the child under Thai law.

Step 1 allows you to petition the court to become the legal father without getting married. But if you marry soon, it will be a waste of money.

Sorry, Mario2008. Step 1 you mean the DNA test ? right, but if have the name of father already in BC, need to do the DNA Test also or not ? ( if mother are OK to give consent for let be a Legal Father )

it should be where to do it ? Police Hospital as some people says ?

Thanks

Edited October 4, 2012 by Danielsiam

[Mario2008]

Yes, with step 1 I meant the DNA test as that is proof that you are the biological father of the child. That you are on the BC doesn't mean anything, it is just a claim by the person who registred the birth that you are the father.

If the mother agreees and you are on the bierth certificate already, you could wait with the DNA test and see if the court will want a DNA test or not. That might be different per court. If you do it, the Police Hospital seems a good choice, but certainly not the only one.

[Danielsiam]

Well so.. to make a petition it's mandatory to do it with a lawyer ?

It should difficult to find a lawyer with reasonnable price. IsaanLa...ers, asked me 70,000 B. It's so expensive.

If someone here have a good advice for reasonnable lawyer it will be great.

So about my TGF she's in Phitsalunok parents Tabian ban, and our kid will take in Tabian ban, into a friends of her, in Bangkok ( and kid will born in BKK too ) she guess for facility.

It's will make a complicated, or it's ok, can do it in Bangkok ? or Chonburi.. it depends of what tabian ban of kid, mother, or no matter ?

Edited October 6, 2012 by Danielsiam

[Mario2008]

Believe you can do it yourself, if you have enough knowldege of Thai language. But not sure on this. I would advise to call the court and ask, they might give you some great tips on how to proceed.

If the child is registred on a tabien baan in BKK, you will probably have to file the petition there. The family court for the district where the child is regsistered as living is probably the right one to petition.

[dereko169]

can someone please help?

I have been married to a Thai lady for about 9 years, we have a daughter 8 years old.

When she was born i was in Uk & my name is not on the birth certificate.

I want my daughter to legally have my name & also as my wife is terminally ill unfortunately, I want to have legal custody of my daughter when my wife dies & have the rights for her to stay with me & take her to the UK if I wish.

Any useful advice would be very much appreciated