Hill Tribe Baby Born In Thailand Is Thai?

[palusa]

Hi Guys, my problem is my wife/girlfreind (village ceremony only as she has only the Si shampoo card) has decided that life with a baby is too hard and has left me with my son 16 months old, she was Thai Yai and lives on the Mae Sai Tachilek border on the Thai side, she has lived in Thailand all her life and is in line for the full Thai ID card within the next 2-3 years. My son was born in Mae Sai, i am a Brit, my question is can my son be a Thai national?

Regards Palusa

[sbk]

As far as I am aware, one parent must be a Thai national, it sounds as if your former gf is not, yet at least. Unlike the US or UK, a child born in Thailand does not gain citizenship automatically, one parent must be a national.

Best to check to make certain she does not yet have citizenship.

Chapter 1. Acquisition of Thai Nationality

Section 7. The following persons acquire Thai nationality by birth:

(1) A person born of a father or a mother of Thai nationality, whether within or outside the Thai Kingdom;

(2) A person born within the Thai Kingdom except the person under Section 7 bis paragraph one.

Section 7. bis. A person born within the Thai Kingdom of alien parents does not acquire Thai nationality if at the time of his birth, his lawful father or his father who did not marry his mother, or his mother was:

(1) the person having been given leniency for temporary residence in Kingdom as a special case;

(2) the person having been permitted to stay temporarily in the Kingdom;

(3) the person having entered and resided in the Thai Kingdom without

permission under the law on immigration.

In case the Minister deems it appropriate, he may consider and give an order for each particular case granting Thai nationality to any person under paragraph one, in conformity with the rules prescribed by the Cabinet.

The person who is born within the Thai Kingdom and has not acquired Thai nationality under paragraph one shall be deemed to have entered and resided in the Thai Kingdom without permission under the law on immigration unless an order is given otherwise according to the law on that particular matter.

[samran]

the birth certificate will state clearly if the child has Thai nationality or not. Take a look at that as a first step.

Worst comes to worse, you can always get your child a British passport.

Actually, I'd argue you get him one now...

[palusa]

the birth certificate will state clearly if the child has Thai nationality or not. Take a look at that as a first step.

Worst comes to worse, you can always get your child a British passport.

Actually, I'd argue you get him one now...

Thank you both for your valued advice. I really appreciate it

Palusa

[Mario2008]

Since you are not married, under Thai law you are not the legal father. This can create problems in the future.

See this topic for more information: http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

What does the Thai birt certificate say regarding nationality?