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Getting A Passport For Half Thai Child With Wrong Fathers Name On The Birth Certificate


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Posted (edited)

Hello everyone, I have been having a hard time getting the correct information about getting a passport for my friends child.

A few years ago my thai friend and her boy friend broke up because he had to go back to his country but she did not know she was pregnant at the time. A little while later she married a different foreigner. Unfortunately this man was abusive to her and they ended up getting a divorce. When her baby (from her previous relationship) was born, they put her ex husbands name on the birth certificate. A couple years later when she went to the district office to apply for a passport for her baby they said they cannot process a passport without the ex husbands consent because the baby has his last name (even though he is not the real father). We have talked to a couple lawyers but they want money up front and seem to be telling us different things. She does not wish to contact either her ex boy friend or her ex husband again (since he was so abusive) she just wants to take care of her baby and move on with her life. She did contact her ex husband once and he refused to help change the childs name since then she has lost track of him.

On the divorce paper it says that they did not have a baby together but when she took this paper to the district office in her town (at one of the lawyers suggestions) the people working there said something like "well his name is on the birth certificate so we need his consent".

The point is that her and her ex husband know it is not his baby and it seems to indicate that on the divorce paper. He went back to his country and does not help in any way. One lawyer said that you can petition the court or something but we are a little wary about taking a legal action like that because who knows how high the fees could go. You think there would be an easier way.

If anyone has any information about the best way to obtain a passport for her baby we would really appreciate it.

Thank you,

Kind regards.

Jason

Edited by jasonsmith
Posted

I assume the child from the first boyfriend was born during the marriage, in that case the child is automatically considered to be the child of the husband, under section 1536 of the Thai Civil Code. That is unless the husband contested he was the father under section 1539, but I doubt that was the case.

The statement in the divorce papers that he is not the father counts for nothing, as it is not in accordance with the law.

It might be possible for the public prosecutor to file an action on behalf of the child against the father that he is not the father. About that possibility I would seek competent legal advice.

If she can track the ex-husband down, she might be able to convince him to give sole custody over the child. At least until the parenthood of the child is sorted out.

Right now she does need a signature form her ex-husband to get a Thai passport for the child.

On the other side the child currently also has the ex-husbands nationality and could try to apply for a passport of the country of the father.

If she can track the ex-husband down she might convince him to cooperate in getting sole custody, she can use a claim for child support as bargaining tool.

Thai civil code:

http://www.thailawonline.com/images/thaicivilcode/book%205%20title%201-3%20thai%20civil%20and%20commercial%20code%20.pdf

Posted (edited)

Thank you very much for your reply,

Yes, that is correct, The child is from the first boy friend was born during the marriage to her ex husband from the USA. She was hoping to avoid contacting her ex husband again since he was so abusive to her and she just wants to move on with her life. However, if she did manage to track him down would it be sufficient for him to simply sign the papers from the USA and then send them back to Thailand or would he actually have to get on a plane come to the office in Thailand and sign the papers in person? (something that he would never do). We thought about trying to get the baby a US passport but it seems like we would need the ex husband to co operate in that process too.

ie. (filling out forms etc. - something he would never do) Also it seems like the US now has very strict immigration policies.

Thanks again,

Jason

Edited by jasonsmith
Posted

Contact a lawyer to see if the father needs to be in Thailand or can sign documents in the US. For the process a lawyer will be needed anyway.<br>If he does want to cooperate, he can sign the request for a passport in

the US, with a copy of his ID and send it to the mother. That will at

least solve the passport question for now. <br><br>If he doesn't want to cooperate, the child can file in the US for child support. He wouldn't want that. If he can't be found or doesn't want to cooperate the mother can file for sole custody. If there is proof of the abuse and a claim can be made he is a danger to the child, that shouldn't be too difficult.<br><br><br>

Posted

Our oldest daughter has her Thai father's name on the birth certificate and she originally had his surname in the family's blue book. However, there was never a legal/registered marriage and he was completely out of the picture shortly after she was born.

A trip to the Amphur got her surname changed to her mother's surname in the blue book. But when we went to get her a passport, they said they needed the father's OK, or something from the Amphur and village puu-yai to the effect that the father had nothing to do with the daughter. Since this was well known in the moo-ban, there was no problem getting a letter to this effect from the Amphur and signed by the appropriate bigwigs. With that document in hand, there was no problem getting a passport for her.

There are a few variables in there, so this might not apply in your case. But it does go to show that the father's OK is not an absolute rule. Also, we never needed to get a lawyer.

Posted

That is because the parents were not married and the father never legitimized the child. Under the law the mother than holds sole parental rights under the law. The letter form the amphur ( khor rhor 14 form) confirms this and is than needed to apply for a passport. It has nothing to do with the father caring or not for the child.

The OP's case is different, in that they were married. That means the husband automatically has joint parental rights over the child with the mother and by law his signature is required.

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