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Posted

I was not around when my child was born so the mother ‘panicked’ and had another person put their name on the birth certificate.

When I returned to Thailand several years later after being contacted by the mother I had a DNA test, which I administered and was tested in UK. The results showed that I was the father.

I would like to have the birth certificate changed so that I am named as the father as I now provide for mother and child and have been doing so for some time.

The named person is willing to say that he is not the father as shown by the DNA.

At present I am not willing to marry the mother.

So the question is how do I get the birth certificate changed and what are the potential problems and costs?

Thanks

Posted

According to my wife, you cant change the birth certificate, you can only ammend it. When my wife was born the doc called her Somboon and somehow that name ended up on the birth certificate, she never was refered to this name ever in her entire life, her name XXXXX which her parents chose is on her I.D. card and this is the same as all the stuff she used to become a resident here in Aus. Funny part about it is when she came to applying for Aussie citizenship then they demanded it, even after all the residency processes not requiring it. When we came to Thailand my wife went to the office to sort it out but they said id could not be changed only amended. It took a lot of time and mucking around. We got back to Oz and Immigration realized they were'nt going to get it and gave my wife Aussie citizenship anyway.

Cheers.

Posted

You can try to do it at the amphur together with mother and child, if the child is about 7 years old. If she is younger, you will have to go to court to be recognised as the father. (that is what you ultimately want, not just changing the birth certificate. As you have found out, anybody can be named on there, but it doesn't mean that person is the father).

Posted

Regardless of who the biological father is, the legal husband of the mother is the father.

This may need some clarification as I may not be entirely correct.

Posted

Regardless of who the biological father is, the legal husband of the mother is the father.

This may need some clarification as I may not be entirely correct.

That is correct. The law assumes that the husband is the legal father. If it is not the case that he is the legal father, the husband must repudiate the child (renounce the child as being his, for which there is a time limit in which to do this). If he doesn't do this or refuse to do this, the husband remains the legal fahter.

Posted (edited)

Regardless of who the biological father is, the legal husband of the mother is the father.

This may need some clarification as I may not be entirely correct.

yes this is definitely correct - a point i had forgotten - my wife and i got married after the birth of our son then went to try to sort out the fact that my name was omitted from the birth certificate and his surname was hers, and i recall now the thing we were asked to provide when changing my son's surname to mine was the marriage certificate.

a new amended birth certificate was issued and then we had to go to the amphurs to get the house papers sorted out.

sorry for the vagueness of this reply but it was a few years ago and i just drove the car around between the offices and signed when asked ... it was a drawn out process and we ended up going more than once each to ;the amphur in saraburi where the birth was registered, the hospital where he was born and the amphur in pak chong that covers the housebook his name is on before it was all sorted out.

i recall having more trouble getting my name added to the birth certificate - i'll see if the wife can remind me how she persuaded them to do that.

Edited by GooEng
Posted

Regardless of who the biological father is, the legal husband of the mother is the father.

This may need some clarification as I may not be entirely correct.

That is correct. The law assumes that the husband is the legal father. If it is not the case that he is the legal father, the husband must repudiate the child (renounce the child as being his, for which there is a time limit in which to do this). If he doesn't do this or refuse to do this, the husband remains the legal fahter.

If I became the legal father and gained parental rights without marrying the mother, would I then lose my rights if she decided to get married?

Just when I thought I was gaining a little insight.........:-)

Posted

No, you would still be the legal fahter. A divorce or the mother marying with another man after legalisation of the child will not matter.

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