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Posted

I am British, with Permanent Residence status in Thailand (if that makes any difference), my Thai partner and I are both married - but to other people, she to an American, I to a Thai (complex situation!).

We have a daughter together who is now 7 years old; when she was born the American husband of my partner was entered on the Birth Certificate as the father (I did not know at the time that had I gone to the Amphur myself I could have had my name legally recorded as the father). I now want to have my name replace his and I believe this is possible once the child is 7 years old - at that age apparently it is accepted by Thai authorities that she understands what is being arranged and can consent to it.

Has anyone had experience of this procedure? If so I would be grateful for any information on the process.

Finally I believe my daughter will not be eligible for British Citizenship since, although the rules changed some time ago, my daughter was born before the "cut-off" date mentioned in the legislation, however can anyone confirm this?

Patrick

Posted

I would think that the first step would be to get a Thai Court to accept that you are the father, a DNA test would be required.. rolleyes.gif

Posted

You will need a competent lawyer, as this is a very complicated matter.

You say the mother was married to another person, that makes the husband automatically the legal fahter of the child. Thai law only has a provision for the legal father of the child to denounce the child as his, which must normally be done within 1 year of birth.

There is no provsion under Thai law for you to become the legal father. But that might be possible if the legal father of the child renounces the child as his (and as said, that might no longer be possible).

You will need a good lawyer, experienced in Thai family law and familiar with Thai court decisions regarding this issue.

Normally I recomend Isaanlawyers for family law cases. I would certainly contact them and see if they can at least direct you in the right direction.

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