Birth Certificate Help Needed

[samran]

First congradulations. Put Thai down on the form since your wife is Thai. Make sure your full name, nationality etc is on the form as being the father. Once you get the birth certificate back from the hospital go the Australian embassy to get your child's Austalian citizenship. Your child can be dual citizen but at a certain age in you will have to decide which citizenship to keep (Thai or Ausi). Your embassy can give all the details.

There is NO requirement for the child to chose a nationality.

[RBOP]

First congradulations. Put Thai down on the form since your wife is Thai. Make sure your full name, nationality etc is on the form as being the father. Once you get the birth certificate back from the hospital go the Australian embassy to get your child's Austalian citizenship. Your child can be dual citizen but at a certain age in you will have to decide which citizenship to keep (Thai or Ausi). Your embassy can give all the details.

There is NO requirement for the child to chose a nationality.

Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992)

Section 14.

A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

If, after consideration of the said intention, the Minister is of opinion that there

is reasonable ground to believe that such person may acquire the nationality of his

father, mother, or a foreign nationality, he shall grant permission, except in cases

where Thailand is being engaged in armed conflict, or is in state of war, he may order

the dispensation of any renunciation of Thai nationality.”There might have been a another publication in the Government Gazette to this however.

Edited June 17, 2012 by RichardO

[Mario2008]

Actually, under Thai law you become of age at 20, not 18.

As samran said, there is no requirement to choose nationality. There is a provision in the Thai nationality law that says you CAN chose at a certain age. Not that you MUST choose.

[samran]

First congradulations. Put Thai down on the form since your wife is Thai. Make sure your full name, nationality etc is on the form as being the father. Once you get the birth certificate back from the hospital go the Australian embassy to get your child's Austalian citizenship. Your child can be dual citizen but at a certain age in you will have to decide which citizenship to keep (Thai or Ausi). Your embassy can give all the details.

There is NO requirement for the child to chose a nationality.

Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992)

Section 14.

A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

If, after consideration of the said intention, the Minister is of opinion that there

is reasonable ground to believe that such person may acquire the nationality of his

father, mother, or a foreign nationality, he shall grant permission, except in cases

where Thailand is being engaged in armed conflict, or is in state of war, he may order

the dispensation of any renunciation of Thai nationality.”There might have been a another publication in the Government Gazette to this however.

Very confusing piece of legislation, but the window is only open between agest 20 and 21 to renounce. However, if no renunciaton is made, there is no penalty.

This must be read in context as well, version 2 of the Nationality Act (you have quoted version 3 here from 1992) did for a brief period contain the automatic forefeiting of Thai nationality if no choice was made, but that language was taken out in version 3 (here) and stayed out in version 4 (2008).

[Jonny B]

Thanks for the info guys. Just 1 question though, think someone mentioned before the birth must be registered with the embassy? Is this so and if so does this have to be done before applying for the citizenship?

thanks

Sent from my GT-P1000T using Thaivisa Connect App

[ubonjoe]

The birth registration and citizenship application are both done at the same time. Try the link I posted before.

[harrry]

The child is Thai because it is born in Thailand from a Thai mother.

Get all the papers translated and legalized and when you are in OZ apply for Australian citizenship

The Australian law says registered at an Australian Embassy abroad. It is not possible to actually do this in australia easily.

[dereko169]

When my daughter was born I was not in Thailand at the time so I am not named as her father on the birth certificate.

I have been told that I will need a DNA test to confirm me as her father before she can officially have my surname.

Has anyone else had this problem? If so please let me know

[RBOP]

When my daughter was born I was not in Thailand at the time so I am not named as her father on the birth certificate.

I have been told that I will need a DNA test to confirm me as her father before she can officially have my surname.

Has anyone else had this problem? If so please let me know

If you are married with the Mother and she agrees with you to change your childs surname to your surname, I dont see why you would need a DNA test. I think you would need a lawyer anyway to change a surname?

[dereko169]

I would have thought so too Richard but does anyone know the answer for sure?

[ripstanley]

Form 118 Register birth.pdf

This is the form you fill out for your child to become an Australian. At the moment your child is Thai. Congratulations

Edited June 26, 2012 by ripstanley

[scorecard]

Form 118 Register birth.pdf

This is the form you fill out for your child to become an Australian. At the moment your child is Thai. Congratulations

Can I please ask for some comments on a twist of this matter, especially since there are some posters who are familiar with Australian laws and regulations on this subject.

I have an adopted Thai son, his surname was changed 10 years ago to mine using a document of approval from the Thai Interior Ministry, he is now an adult, well over 20, married (to a Thai national) with two young children.

Is he eligible for Australian citizenship / Australian passport? What about his wife and daughters?

He has never been to Australia, can I assume that this would have no bearing on any application for Australian citizenship?

Thanks.

[lopburi3]

scorecard

You might want to ask that question as a new topic in the other visa forum as it is not about Thailand but specific to Oz so fits there.

[ubonjoe]

When my daughter was born I was not in Thailand at the time so I am not named as her father on the birth certificate.

I have been told that I will need a DNA test to confirm me as her father before she can officially have my surname.

Has anyone else had this problem? If so please let me know

It would be best if you and the mother of the child went to the Amphoe (Khet in BKK) and talked to them the get the best answer. I think it may require doing legitimization to get your name on the birth certificate. A DNA test would help but may not be required.

[Mario2008]

When my daughter was born I was not in Thailand at the time so I am not named as her father on the birth certificate.

I have been told that I will need a DNA test to confirm me as her father before she can officially have my surname.

Has anyone else had this problem? If so please let me know

Are you legally married to the mother or not?

If legally married, the child is yours by way of law. If not married, you must legitimize the child. Being on the birth cerificate is handy, but not enough to become the legal father. For that you either marry the mother or petition the court, or wait till the child is a year or 6 or 7 old.

[Lopburi905]

First congradulations. Put Thai down on the form since your wife is Thai. Make sure your full name, nationality etc is on the form as being the father. Once you get the birth certificate back from the hospital go the Australian embassy to get your child's Austalian citizenship. Your child can be dual citizen but at a certain age in you will have to decide which citizenship to keep (Thai or Ausi). Your embassy can give all the details.

There is NO requirement for the child to chose a nationality.

Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992)

Section 14.

A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

If, after consideration of the said intention, the Minister is of opinion that there

is reasonable ground to believe that such person may acquire the nationality of his

father, mother, or a foreign nationality, he shall grant permission, except in cases

where Thailand is being engaged in armed conflict, or is in state of war, he may order

the dispensation of any renunciation of Thai nationality.”There might have been a another publication in the Government Gazette to this however.

Very confusing piece of legislation, but the window is only open between agest 20 and 21 to renounce. However, if no renunciaton is made, there is no penalty.

This must be read in context as well, version 2 of the Nationality Act (you have quoted version 3 here from 1992) did for a brief period contain the automatic forefeiting of Thai nationality if no choice was made, but that language was taken out in version 3 (here) and stayed out in version 4 (2008).

What is the difference between Section 14 and Section 15 of the Thai Nationality Act:

Section 14, "A person of Thai nationality, who was born of an alien father or mother and has acquired the nationality of the father or mother according to the law on nationality of the father or mother..."

Would 14 be someone who was born in Thailand, then later on acquired foreign nationality?

Section 15, "Except in the case under Section 14, a person who has Thai nationality and other nationality..."

Then 15 would be someone who was born in foreign country then later on acquired Thai Nationality?

[samran]

section 15 speaks about those naturalised as Thai's.

In most cases it would be foriegn born people who have naturalised as a Thai citizen, it leaves open for those born in Thailand but who did not aquire Thai citizenship. Which effectively anyone since 1992 born to two foreign parents (with no PR) on Thai soil.