How To Gain Parental Rights As A Father

[Mario2008]

I do not know if the name of the father must in that case be on the birth certificate in order to legitimize the children by way of marriage.

You can always petition the court to be recognized as the legal parent, but would do that before she gets married.

[brewsterbudgen]

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

Interesting. I don't believe DNA testing is required for unmarried British fathers to get citizenship/passport for their Thai children.

[BKKBodhisattva]

As this thread has been running for some time, has anyone here got a recommendation for a lawyer in Pattaya/Chonburi who can handle child legitimation at a reasonable price?

I'm beginning to think the 10,000 baht prices being spoken about in this thread are a fairy tale because every lawyer I speak to (and the Thai mother speaks to as well) seems to think 50,000 is the minimum.

[BKKBodhisattva]

Anyone?

[Mario2008]

All I can suggest is to contact isaanlawyers and see if they can recommend a lawyer to you.

[BKKBodhisattva]

All I can suggest is to contact isaanlawyers and see if they can recommend a lawyer to you.

I did. They can't.

Perhaps you can say where this 10,000 baht number came from. Is this a lawyer you used?

[Mario2008]

Lawyers others have used. And 50,000 baht for what is really straight forward does sound a rip-off. (Unless the mother will be contesting your claim).

It is a few letters, an appearance with a social worker who reports to the court and an appearance in court and that is it. An interpreter could be handy and might cost some extra.

[krabicriminal]

Hi guys, I'm currently married with a thai woman and we have a 6 month old daughter. I am on a 1 year multi entry non-o visa (marriage). My question is that if in the future me and the wife were to split up, what visas would I be eligible to apply for? Would I be able to get a 1 year multi entry non-o for visiting my daughter?

Apologies if this has been answered already. Thanks in advance for any information.

[Mario2008]

Yes, you would be able to get a visa based on your daughter. However, in the region it will be difficult to get mutliple entry non-O's based on your child. You might nonly get single non-O's.

[krabicriminal]

Thanks for the reply, I assumed that might be the case. So if I wanted to stay longer term I would have to keep getting a new visa every 90 days. Sounds like a drag, guess I'll have to keep the missus happy

[Mario2008]

The birth of a child and all the changes that brings with it can be very stress full. Trying to work things out is always the best option. Sometimes you can, sometimes you can't.

[bungee1987]

sounds pretty straightforward, so I simply go to the Amphur with the mother and my daughter and I can get my fatherhood legitimized. Is this process on the same day, and what kind of documentation do I need to take.

Also cost of this service?

[Mario2008]

It really is that simple.

Have all persons take their ID card with them (for you your passport) and the birth certificate. If you have a work permit, Thai drivers license etc also take it with you. Documents are in Thai language, so you must have your name translated in Thai. If it is in THai on an official documents they might accept it.

It should be a same day process, but depends on the Amphur. The main bottle neck might be that they want your passport translated and it might be that they will accept the Work Permit or such as an official translation or they will require you to have it officially translated.

Cost for legitimisation should be free or in the order of 20 or 50 baht. Not sure about this.

[mango66]

Legalication of fatherhood,

My wife just told me, we have done all this,

including the yellow housebook which mades the legalication easier;

All done in 1 day,

My doughter were just five, but she had only to sign 2 documents with her name, which she could do;

But we have not received any document for the legalication;

Is there a official form for this ?

Or we have to ask for some statement ?

( Thinking on request for extension of stay - dependant on child - as we not married )

Thanks

[Mario2008]

For an extebnsion of stay based on children you will need to show you are the legal father and the children are living with you. I am not sure, but the amphur should have some document that shows you are registered as the legal father.

[BangkokWilliams2]

"The Thai law gives 3 possibilities to become the legal father of a child:

1. When the mother and father marry after the birth of the child, the father becomes automatically the legal father of the child."

Question: Is this Thai law accepted back home, in my case Belgium?

Or do you have to do another recognition process there, despite this Thai law ?

[BangkokWilliams2]

As this thread has been running for some time, has anyone here got a recommendation for a lawyer in Pattaya/Chonburi who can handle child legitimation at a reasonable price?

I'm beginning to think the 10,000 baht prices being spoken about in this thread are a fairy tale because every lawyer I speak to (and the Thai mother speaks to as well) seems to think 50,000 is the minimum.

I have agreed on 50.000 after being quoted prices up to 200.000 from other law firms.

I guess that K50 is about the minimum, especially here in BKK.....

[BKKBodhisattva]

I (well, actually, my daughter's mother) got one for 20K and we've grabbed on with both hands. Had to move the child to a tabien baan in Nonthaburi, though.

ALL the lawyers we spoke to carped on about how 50K+ is justified because they have to attend court three times and submit paperwork.

One cheeky cow even laughed and wished me "good luck" finding what I wanted for that price.

I look forward to sending her a copy of the 20k invoice.

[Mario2008]

"The Thai law gives 3 possibilities to become the legal father of a child:

1. When the mother and father marry after the birth of the child, the father becomes automatically the legal father of the child."

Question: Is this Thai law accepted back home, in my case Belgium?

Or do you have to do another recognition process there, despite this Thai law ?

Normally that is accepted, but best to check with a Belgium lawyer.

[BangkokWilliams2]

I (well, actually, my daughter's mother) got one for 20K and we've grabbed on with both hands. Had to move the child to a tabien baan in Nonthaburi, though.

ALL the lawyers we spoke to carped on about how 50K+ is justified because they have to attend court three times and submit paperwork.

One cheeky cow even laughed and wished me "good luck" finding what I wanted for that price.

I look forward to sending her a copy of the 20k invoice.

That is a very good deal indeed and you have my congratulations by jumping on the K20.

In my case, we already know that the court will reject this application because under Thai law, I married the mother of my newborn AFTER the birth and that makes me the legal father.

The problem here is that we, mother and father are non Thai citizens.

The court has to write a statement why this application is rejected, and for this letter, I paid K50.....

But I do need this for my Belgian lawyer otherwise I have to start this procedure again in Belgium and that would be even more

expensive.......

[brewsterbudgen]

My situation is more complicated: son born in Thailand (2 days ago); mother Laotian, father British; not married. We're getting a Thai birth certificate but his citizenship will be unclear for a while and I guess I, as father, have no parental rights.

Edited March 22, 2015 by brewsterbudgen

[Mario2008]

My situation is more complicated: son born in Thailand (2 days ago); mother Laotian, father British; not married. We're getting a Thai birth certificate but his citizenship will be unclear for a while and I guess I, as father, have no parental rights.

Congratulations.

You will indeed have no parental rights, till that is sorted through the courts.

The Nationality of the child is already established at birth, it will just take a while for the officials to catch up after reporting the birth to the governments in question, but then works from day of birth.

[Asheron]

Divorced from my childrens mother but both children were born in Sweden while we were still married and in Sweden i have sole parental rights over daughter (looooong story, not taking that up) and 50-50 over son. Marriage was never registered in Thailand. Both son and daughter have swedish and thai citizenship and they are in the "house book".

So my questions...

Who has the parental rights over my children in Thailand (she has not remarried)?

Do i have to legalize my parental rights in Thailand at amphur (not a problem as ex-wife and i are still good friends)?

If so, what do we need to take with us to amphur and how much is the fee to register?

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As this thread has been running for some time, has anyone here got a recommendation for a lawyer in Pattaya/Chonburi who can handle child legitimation at a reasonable price?

I'm beginning to think the 10,000 baht prices being spoken about in this thread are a fairy tale because every lawyer I speak to (and the Thai mother speaks to as well) seems to think 50,000 is the minimum.

I have agreed on 50.000 after being quoted prices up to 200.000 from other law firms.

I guess that K50 is about the minimum, especially here in BKK.....

10000 baht is not a fairy tale I had it carried out in Prachinburi for that amount using a Thai lawyer that could not speak English so I had to get an interpreter when we went to court

[Mario2008]

Divorced from my childrens mother but both children were born in Sweden while we were still married and in Sweden i have sole parental rights over daughter (looooong story, not taking that up) and 50-50 over son. Marriage was never registered in Thailand. Both son and daughter have swedish and thai citizenship and they are in the "house book".

So my questions...

Who has the parental rights over my children in Thailand (she has not remarried)?

Do i have to legalize my parental rights in Thailand at amphur (not a problem as ex-wife and i are still good friends)?

If so, what do we need to take with us to amphur and how much is the fee to register?

The foreign divorce stands, the situation about who has legal rights over the children in Thailand is more complicated.

You already have parental rights through the marriage with the mother. The situation regarding your son is the same, you share it with your ex-wife. Regarding your daughter a Thai judge might not recognise the sole parental rights decision and then you will also have shared parental rights with the mother.

If having a good relationship with the mother, I would not try and get sole parental rights confirmed in Thailand as well. It might only sour the relationship and the longer the situation is as it is right nw, the stronger your position becomes anyway. A judge doesn't like to change things that are already in effect for years and would disrupt the childrens lives.

[empireboy]

Number 2 doesn't cost and with your DNA evidence it should not be an issue at the amphur, they can hardly deny with they have approved before. But the child has to be about 7 years old. I would give it a try first.

If the child isn't old enough you will have to go to court. That is costly, but not difficult. Especailly not with your DNA-records. Depending on your local court it takes about 2 to 3 months, with I believe two sessions. (1 is with social services to look into your application).

Shop around for a lawyer to determine the price, no need for a hot shot lawyer. It is very straight foreword.

Hi,

when living in the Chonburi province and the legitimization by family court is sought, it is NOT costly, around 350 Baht for stamps, this would probably apply to other provincial family courts as well, if you find a willing and serious, honest and competent officer.

Our daughter is now 3 years, I am the registered father in the birth certificate, but I'm not married to the mother, but living together. We went to Chonburi's family court 2 months ago in order to learn the procedure how to achieve the legitimization. We got to talk to a woman named "KRUNG", she was obviously the supervisor of the registration area (at the counter on ground floor RH side wing), and she looked at the documents, as there was the birth certificate, copy of my passport and her Thai-ID-card and, I think that she already copied these documents. Since she was busy that day she asked to return the next day but not later than 8.30 am in order to complete the application. She mentioned that a fee of approx. 350 Baht for stamp would be collected. Wondering why can be done without a lawyer as known, she answered that there is no such reqiurement, anyone can apply for it, and, that she condemns the dubious business of many agents and lawyers and will not support it.

We arrived the next morning in time, meanwhile she has already prepared the application and we only needed to sign the document and paid the stamp fee. She continued that we could pick up the legitimization document here one month later, as there is a requirement to wait since we're living in Banglamung district, some other districts don't require the waiting.

Exactly one month later we could pick up the legitimization document.

I'm living in TH many years now, but I have neither met nor heard about a honest, helpful and competent official person as Khun KRUNG. Thank you again Khun KRUNG

Thanx for your helpful info Peteralex. I have a 2yo and I'm in a similar situation to you.

[Asheron]

Divorced from my childrens mother but both children were born in Sweden while we were still married and in Sweden i have sole parental rights over daughter (looooong story, not taking that up) and 50-50 over son. Marriage was never registered in Thailand. Both son and daughter have swedish and thai citizenship and they are in the "house book".

So my questions...

Who has the parental rights over my children in Thailand (she has not remarried)?

Do i have to legalize my parental rights in Thailand at amphur (not a problem as ex-wife and i are still good friends)?

If so, what do we need to take with us to amphur and how much is the fee to register?

The foreign divorce stands, the situation about who has legal rights over the children in Thailand is more complicated.

You already have parental rights through the marriage with the mother. The situation regarding your son is the same, you share it with your ex-wife. Regarding your daughter a Thai judge might not recognise the sole parental rights decision and then you will also have shared parental rights with the mother.

If having a good relationship with the mother, I would not try and get sole parental rights confirmed in Thailand as well. It might only sour the relationship and the longer the situation is as it is right nw, the stronger your position becomes anyway. A judge doesn't like to change things that are already in effect for years and would disrupt the childrens lives.

Forgot to meantion that in tabien baan my name is registered for both children as father. So does that mean both of my children are already legalized as my children in Thailand even though i'm not married to the mother anymore? This has me wondering as to my knowledge if the sole legalized and custodial parent dies then the "extended" family (say grandparents) get the custody of the children...

[Mario2008]

The fact that you are divorced has no bearing on the case. You were married to the mother at the time of birth so are considered the legal father and have parental rights (unless a court decision says otherwise).

[Asheron]

The fact that you are divorced has no bearing on the case. You were married to the mother at the time of birth so are considered the legal father and have parental rights (unless a court decision says otherwise).

Ok, thank you very much

[BeefSlapper]

Im not married and got newborn.

I guess my options are 1 and 3.

Marriage sounds easiest.

How long is the court process.

And what whole thing changes if done?

Easier / better family visa is it?

I mean for child and her birth cert.

Not marriage visa.