How To Gain Parental Rights As A Father

[Mario2008]

Being born in Thailand the baby will get a Thai birth certificate, but will not be a Thai national. You will be named as the father on the birth certificate, but will legally not be the father until you legitimise the child through the Thai courts.

The name on the BC will be enough for a British Passport.

[brewsterbudgen]

Being born in Thailand the baby will get a Thai birth certificate, but will not be a Thai national. You will be named as the father on the birth certificate, but will legally not be the father until you legitimise the child through the Thai courts.

The name on the BC will be enough for a British Passport.

Thanks Mario. Presumably if I marry my girlfriend after the baby is born (in the UK or Hong Kong, as marrying in Laos or Thailand is difficult) I will then be the legal father?

[Mario2008]

Under Thai law that will be the case. In the UK that might be different.

Ligitimisation through the court takes about 3 to 4 months and the cost depends on the lawyer, but should not be much more than 10,000 to 15,000 baht.

[richy2201]

Can any TV member advise on how long the final decision takes (i.e. when you physically receive the "paper" for legal rights of being father by court) from the date of the interview with the court? I have recently been to see social worker with G/F and her family with many of us being interviewed (this arranged by our lawyer) and presume these interview papers are being prepared for next month's court date.

Many Thanks

[Mario2008]

Your lawyer should be able to tel you that. Not sure if the judge will give his decision on the court date or a few weeks later.

I am not sure, but it might take a few days before you get the decision in writing, (again your lawyer should now the time it takes at that court). With this paper you go to the amphur to have it registered there and the case is done.

[kensington]

Hello,

My son is 4 year old. His mother is Thai. And we are not married. My son got my family name on his birth certificate.

We are in Chiang Mai.

We went to the juvenile court this morning in order to get legal fatherhood.

We were said by the officers that we have to use a lawyer. (I have got the same case as Elektrified described http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/?p=6879971 )

Nevertheless, as I had read on that forum that we can do it without a lawyer, then I insisted to do it by ourself without a lawyer.

Finally, they recognized that we can do without a lawyer ...

I would like to get testimonies about fatherhood legitimization in court in Chiang Mai.

Also, I would be very thankful if I could get a copy of the petition (without the personal datas) given to the court, especially the part which is dealing the "story" of the couple/family justifying the resquest of fatherhood.

I would appreciate any help and advice.

Thank you.

(I am sorry for my bad english, if it was difficult to read)

Edited October 28, 2014 by kensington

[Apiwan2]

My girlfriend is a citizen of Laos and I'm British. We both live in Thailand (I have worked here for 10 years on an Ext. of Stay). Our baby will be born next year, in Thailand. Marrying is difficult due to restrictive Lao laws. When the baby is born (in Thailand), will a Thai birth certificate be issued with me named as the father? Is there anything else I need to do, in order to be a legal parent? In time, I will want to get him/her British passport.

I don't think you will get a birth certificate.

Because none of you are thai. And you have no status in tis country.

If you were working in Saudi .you British she Laos you wouldn't get a saudi birth cert would you ?

You can register the birth at the embassy then get passport based on your right to be British .

Assuming you were born there .

It has to be uk or Laos.

Somebody else will clarify it better than me.

Hope this helps

[Mario2008]

My girlfriend is a citizen of Laos and I'm British. We both live in Thailand (I have worked here for 10 years on an Ext. of Stay). Our baby will be born next year, in Thailand. Marrying is difficult due to restrictive Lao laws. When the baby is born (in Thailand), will a Thai birth certificate be issued with me named as the father? Is there anything else I need to do, in order to be a legal parent? In time, I will want to get him/her British passport.

I don't think you will get a birth certificate.

Because none of you are thai. And you have no status in tis country.

If you were working in Saudi .you British she Laos you wouldn't get a saudi birth cert would you ?

You can register the birth at the embassy then get passport based on your right to be British .

Assuming you were born there .

It has to be uk or Laos.

Somebody else will clarify it better than me.

Hope this helps

A Thai birth certificate is isued, regardless of the nationality of the parents for any child that is born in Thailand. That is the case in almost every country.

It is just a record of the birth, it does not mean the child has Thai nationality. In case of a Thai national the birth certificate will indicate that a person has Thai nationality.

[YeahSiam]

1.Is there a list of "approved" DNA testing facilities that are admissible

in THAI courts for the purpose of securing parental rights to a Thai child?

For example, is it certain that DNA test/results produced by Chula or Police

General Hospital in Bangkok would be accepted by the court?

2.Can I use private clinics who seem to be able to turnaround results more quickly?

3.Do all three of us - me, mother, offspring have to be tested and does this carry

more weight in the court?

[Apiwan2]

My girlfriend is a citizen of Laos and I'm British. We both live in Thailand (I have worked here for 10 years on an Ext. of Stay). Our baby will be born next year, in Thailand. Marrying is difficult due to restrictive Lao laws. When the baby is born (in Thailand), will a Thai birth certificate be issued with me named as the father? Is there anything else I need to do, in order to be a legal parent? In time, I will want to get him/her British passport.

I don't think you will get a birth certificate.

Because none of you are thai. And you have no status in tis country.

If you were working in Saudi .you British she Laos you wouldn't get a saudi birth cert would you ?

You can register the birth at the embassy then get passport based on your right to be British .

Assuming you were born there .

It has to be uk or Laos.

Somebody else will clarify it better than me.

Hope this helps

A Thai birth certificate is isued, regardless of the nationality of the parents for any child that is born in Thailand. That is the case in almost every country.

It is just a record of the birth, it does not mean the child has Thai nationality. In case of a Thai national the birth certificate will indicate that a person has Thai nationality.

News to me.

So what about the 13 digit number. Which is your personal ID .?

Which is used in your Id card.

So on the cert it will state both parents are other. Not thai

Also what status would the kid have RE visa ?

VOA 30 days ?.

Very complicated

[Mario2008]

Your questions are off topic to this thread

A foreign child born in Thailand simply uses the birth certificate to leave Thailand for the first time. The birth certificate explains why immigration has no record of the child entering. After that the child enters and leaves like any other foreigner.

Further questions about this in the visa forum.

.

[YeahSiam]

 

1.Is there a list of "approved" DNA testing facilities that are admissible in THAI courts for the purpose of securing parental rights to a Thai child?For example, is it certain that DNA test/results produced by Chula or PoliceGeneral Hospital in Bangkok would be accepted by the court? 2.Can I use private clinics who seem to be able to turnaround results more quickly? 3.Do all three of us - me, mother, offspring have to be tested and does this carry more weight in the court?

 

Bump.

A little help, please?

[Mario2008]

The police general hospital is accepted, but might need a court order directing you to do a DNA test to be able to do it there. (If my memory serves me well).

If in Bangkok I would contact them.

[YeahSiam]

 

The police general hospital is accepted, but might need a court order directing you to do a DNA test to be able to do it there. (If my memory serves me well).

If in Bangkok I would contact them.

 

Thanks Mario. I take it Chula's tests aren't admissible?

[Mario2008]

I don't know. Ask a court clerk if you want to be sure.

[diablocivic]

HI can a foreign father force the thai wife to give back the baby to him?

they are married oversea but not registered at thailand and the baby is born in thailand with the passport.

[Mario2008]

Only a Thai court can force the mother to do so.

But if married, they both have equal rights regarding to the child. That the marriage was overseas des not matter, only makes it a little bit more complicated to proof that they are married.

Normally a court only act if there is a divorce (or one of the parents is incapable). The norm In Thailand is that 1 parent will have the daily care of the child and the other parent visitation rights. That one parent will get sole parental rights is rare. It only happens when the other parent is incapable (mentally) or a danger to the child.

[diablocivic]

Thank you Mario. So can i say usually thai court will mostly favour thai mother and grant parent right if she not incapable?

[Mario2008]

Thank you Mario. So can i say usually thai court will mostly favour thai mother and grant parent right if she not incapable?

No. The court will normally take the interest of the child at heart.

Both will get parental rights, but if the mother is already taking care of the child for some time on her own she will have a better chance to be the one that will be the prime caretaker.

[SamHuaHin]

Hi

I am VERY interested in your experiences with the local Courts not using a Lawyer, a sI have been quoted 150,000 by 2 and 100,000 by one!

My situation is here

http://www.thaivisa.com/forum/topic/776429-family-law-in-thailand-for-overseas-born-child/

Thanks

Sam

[glassdude007]

Hi Mario ...

Have yo ever heard of this situation before??

I'm a usa citizen and unwed father, Thai mother all consenting live together not want to get married.

Our son is 3 years old already Thai passport Im on his birth cert.

we have already had the USA embassey CRBA interview for usa citizenship, all paperwork and fees paid,

Very end of interview woman states "I believe he is your son but un-wed parents in Thailand the USA requires DNA test cost 650 usd. thru USA blood lab. Rip Off..

We are in the process now of getting the kit and doing the test has to be at USA embasy on a tuesday when doctor is there ONLY TUESDAYS geez

I asked the Lab person that is helping us in BKK if I can use the positive DNA test results for Thai child legitimization process and non o imm visa ?

He said yes but the USA DNA test results will have to be notorized/confirmed by some ministry in Thailand (cost 10K baht) to be recognized in Thailand.

have you ever heard of this practice before???

cheers

[Mario2008]

I think he means that the document must be certified by the US-embassy and next translated into Thai and then certified by the Thai Ministry of Foreign Affairs.

So the cost would be the affidavit from the US-embassy, the translation and the legalization by the Thai MFA. I can't comment on how much that will cost as it depends on the number of pages. The Thai MFA will charge 400 baht per page to legalize the document.

[wowfactor10]

Hi Mario

i have send you an PM...

Looking forward your opinion.

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[magnbol]

Great info but what about my case, wife and I are married in Sweden alone. (living in thailand though) My son is born in Sweden as well. Our family registration in Sweden says that I'm the father and wife is the mother (obviously). The registration papers are in English as well as in Swedish and has the Swedish Government stamp. We planning to register our marriage here but out of curiosity?

[Mario2008]

You are legally married as your marriage in Sweden is recognised by Thailand. (You will register the fact that you are already married in Sweden with the Thai government, so they have knowledge of the marriage and it is easier to proof.).

You are already the legal father of the child, also under Thai law.

[magnbol]

You are legally married as your marriage in Sweden is recognised by Thailand. (You will register the fact that you are already married in Sweden with the Thai government, so they have knowledge of the marriage and it is easier to proof.).

You are already the legal father of the child, also under Thai law.

Thanks Mario.

Do I have parental rights as well going with that? Are parental rights shared equally fifty-fifty, or does she, as a native mother, have an "edge" or or do I as father (patriarchal society) have more of an edge?

[Mario2008]

You both have equal rights.

[DeeMak9]

I'm in the process at the moment however I have been told its not possible to use the two witnesses way. Only DNA now. Can someone confirm this? It will cost me 13.000 THB extra to do so and 2 extra months. Also my lawyer said that if I would marry now, I would not automatically become the legal father anyway. Sounds like big BS if you ask me. Not that I'm planning to marry...

[Mario2008]

The law didn't change as far as I know, so marriage is still a valid option.

If DNA testing is required depends on the judge.

[edgarfriendly]

So if you dont marry the lying, theiving wretch you impregnated and she then marries her childhood sweAtheart, he becomes your childs legal parent???

regardless of the lies she scrawled over the 'birth certificate'...?

can this be factual??