Birth Certificate Change

[Harley23]

My Sons Thai Birth Certificate has wrong Fathers ( ME ) Nationalty on it , been Australian where it should of been New Zealand . Only found this out today after getting translation done.

What are my options here ?

[Mario2008]

Just contact the amphur and try to have it changed.

If any problems, contact the Department Of Provincial Administration: www.dopa.go.th

They have an info number you can dail.

[Harley23]

Thanks Mario

Looks like a trip to Amphoe up North . Am I able to do this by myself or does my ex wife have to be present as well ?

[Mario2008]

Thanks Mario

Looks like a trip to Amphoe up North . Am I able to do this by myself or does my ex wife have to be present as well ?

I would say it depends on your knowledge of Thai, but might be better if the ex-wife goes with you anyway to confirm things.

[runaway2012]

hi, the mom of my child put his current boyfriend as the father of the child in the birth certificate because we had a fight when she gave birth. now that we are okay, we would like to change the father of the child in the birth certificate to my name. can we just walk-in in the amphur and let them change it? or can the hospital help us with this? what should we do?

[Mario2008]

hi, the mom of my child put his current boyfriend as the father of the child in the birth certificate because we had a fight when she gave birth. now that we are okay, we would like to change the father of the child in the birth certificate to my name. can we just walk-in in the amphur and let them change it? or can the hospital help us with this? what should we do?

You can try to change it, but better would be to go to court and ask to be recognised as the legal fatherof the child. Being on the birth certificate itself doesn't mean much. It is just a claim and doesn't give you any rights towards the child.

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

If you want to be the legal father, petition the court and you can be recognised as the fahter of the child and be entered as such in the registers.

[runaway2012]

so i can just actually walk-in in the amphur with my girlfriend and let them change the birth certificate? changing the birth certificate is actually enough for me since it is the basis for registration in our embassy. once we have changed the birth certificate, we can register the baby's birth in the embassy using that birth certificate and everything will be put in place.

by the way, my girlfriend is a married woman. so our child is illegitimate. my girlfriend is using the surname of her husband in her passport. so when we do some changes in the birth certificate, can we tell the Amphur to use the maiden surname (current middle name in the passport) of my girlfriend as the middle name of our child?

[TommoPhysicist]

so i can just actually walk-in in the amphur with my girlfriend and let them change the birth certificate? changing the birth certificate is actually enough for me since it is the basis for registration in our embassy. once we have changed the birth certificate, we can register the baby's birth in the embassy using that birth certificate and everything will be put in place.

by the way, my girlfriend is a married woman. so our child is illegitimate. my girlfriend is using the surname of her husband in her passport. so when we do some changes in the birth certificate, can we tell the Amphur to use the maiden surname (current middle name in the passport) of my girlfriend as the middle name of our child?

The child must be registered as her Thai husbands child, under Thai law.

You won't be getting an Australian or NZ passport for him.

Also adultery is a serious offense in Thailand, the husband can claim significant damages from you.

Edited December 22, 2012 by TommoPhysicist

[doontp]

so i can just actually walk-in in the amphur with my girlfriend and let them change the birth certificate? changing the birth certificate is actually enough for me since it is the basis for registration in our embassy. once we have changed the birth certificate, we can register the baby's birth in the embassy using that birth certificate and everything will be put in place.

by the way, my girlfriend is a married woman. so our child is illegitimate. my girlfriend is using the surname of her husband in her passport. so when we do some changes in the birth certificate, can we tell the Amphur to use the maiden surname (current middle name in the passport) of my girlfriend as the middle name of our child?

The child must be registered as her Thai husbands child, under Thai law.

You won't be getting an Australian or NZ passport for him.

Also adultery is a serious offense in Thailand, the husband can claim significant damages from you.

Adultery a serious offence??!! Sorry to change the subject......but what's the penalty?

[runaway2012]

my girlfriend is not Thai actually. we are both foreigners, and she is separated from her husband already, though not legally separated yet. they've been separated for more than 5 years already.

[Mario2008]

my girlfriend is not Thai actually. we are both foreigners, and she is separated from her husband already, though not legally separated yet. they've been separated for more than 5 years already.

That is important information you left out. Since not divorced she is still married and as a consequence the husband is the legal father of the child. The only thing what can change that is if the legal father repudiates the child as being his. If he doesn't do that, he is the legal father of the child and thus you cannot become the legal father.

[TommoPhysicist]

To advise you properly we would need to know .......

The fathers nationality? (baby was born in Thailand so that's her husband)

Her nationality? (if any, hill tribe or Burmese illegal would be a huge problem)

Where they were married? (if outside/not registered in Thailand, Thai authorities may never notice, or care)

Why do you feel the need to keep hiding this information.

Worst case scenario, the husband (and father) is Thai and they were married in Thailand.

In which case under Thai law he could probably claim the child, get full custody.

PS

Under Thai law, you can't take the child out of Thailand without her husband's (the father) written permission, any country in the world would likely return the child to Thailand if requested under international child abduction laws.

Edited December 23, 2012 by Mario2008
over the top comment deleted.

[Mario2008]

The child was born in Thailand, o Thai law persists. But regarding the parenthood of the child, most countries have similair rules as Thailand and will recognise the husband as the father.

Keeping the marriage quiet doesn't change the law and will back-fire if it ever comes out. Likes when applying for a passport for the child, getting a divorce etc.

[runaway2012]

all people involve here are from the Philippines.

my girlfriend is married to a Filipino guy in the Philippines. they've been separated for more than 5 years, but not legally separated because there is no divorce in the Philippines.

i met my girlfriend here in Thailand. we just had a baby last september. that's why all these questions.

[Mario2008]

Doesn't change it. Her husband is legally the father. Only when the husband denies he is the father can that be changed.

The philipnes has a similair law, see: http://www.chanrobles.com/executiveorderno209.htm Title VI, art 164 etc.

The only option is that the husband denies (repudiates) that the child is his.