Farang Baby With Illegal Burmese Migrant

[Harri44]

Hi,

A friend got a baby with a illegal burmese migrant. He is wondering what would be the nationality of his future kid (he is from belgium). Would he be considered as burmese and belgium citizens? Or only belgium citizen since the mother is a illegal migrant in thailand?

What would happen to the mother after giving birth to her baby? Will she be able to stay in Thailand or will the police send her back to burma?

After he recognize the kid as his baby, could the child join any thai school to receive education in Thailand?

Then, does the baby need any visa to stay in Thailand? My friend live in Thailand with a non immigrant B visa since 3 years and has a few properties in BKK/CM.

I hope to hearing from you soon

[Mario2008]

The baby will be Burmese and probably Belgium if the father recognize the child as his. Best to contact the Belgium embassy about how to obtain Belgium nationality for the child.

The baby will not change the illegal status of the mother and the baby will be illegally in the country as well. But the child will not be fined or anything, under the age of 15. The stay of the child needs to be legitimized, which would also give (future) option for legal stay for the mother. (When the child goes to school, the mother an be a caretaker of the child, but must show 500,000 in bank account in Thailand).

Once the child has a belgium pasport it can leave the country on that passport (and with the Thai birth certificate) and simply return with a visa. The Thai birth certificate shows why there is no visa/entry record and will let the child leave without a problem. Being a dependend of the father will make it possible to obtain a non-O visa and yearly extensions till the age of 21.

But for this the child might need to be legitimised as a child of the father according to Thai law. In essence the father must petition the court to be recognised as the legal father, which takes a few months. They might accept a legitimisation according to Belgium law.

But in case there is a break-up of the parents, since the child is born in Thailand, Thai law will be applied and the fahter will not have legal rights as a parent if he did not legitmize the child under Thai law.

Another way to legitimize the child is to marry the mother. Not an easy task in case of a Burmese national.