Query Regarding Process Of Thai Father Legitimising Child In Order To Apply For Dual Citizenship

[peskypirate]

Apologies if this topic has already been dealt with, I am a newbie!

My query is in regards to how to organise for my child to apply for a Thai passport. She is living with me outside of Thailand, her father is a Thai national living in Thailand. I have read that he is required to sign a declaration that he recognises her as his child at his local civil registry office, then it is possible to apply for a passport once she is legitimised.

The problem I have is that he did not do this as I requested before he was incarcerated.

Does anyone know if it is possible for me to get the required documentation that he needs to sign sent to my address? Or is it an option to hire a solicitor to take the documents to him and deal with the application without him doing it in person?

Any advice would be greatly appreciated.

[Mario2008]

Are you a Thai national or not? If not, you are right, the father must first recogise the child as his.

For legitimisation at the amphur, al 3 parties (mother, father and child) must appear and agree. Normally the child needs to be at least 7 years old, but the law doesn't give an actual age so it can depend on the amphur. However, age 7 is the norm.

If one of the parties doesn't agree or the child is not old enough, you can petiton the court. In this case you can file a paternity suit against the father and the judge will determine if he is the father or not.

[peskypirate]

Hi Mario2008, thanks for your reply. I am not Thai and we are unmarried so that is why she needs to be legitimatised before we can apply for the passport as far as I can gather from other resources. I was not aware that we all to appear at the amphur together, if he is incapable of appearing due to his incarceration does that mean that it is not possible at this time to apply for her Thai citizenship?

[Mario2008]

Reply withdrawn.

Edited March 21, 2013 by Mario2008

[Mario2008]

I missed that the child was born outside of Thailand, that makes it different and perhaps more easy.

As being born abroad, the child must be legitimised according to the law of the country where the child was born. So check wat is required for that first and try to do it that way.

You can tryfirst is to register the birth of the child with the Thai emabssy in your country without formal legitimisation.. You will need documents from the father for that. if they accept the application, the child will get a Thai birth certificate and have Thai nationality. They might do it with paperwork from the father.

if the application without official legitimisation is succesful, I would recommend official legitimisation anyway. It would clear any doubts.

[peskypirate]

Ah I didn't realise the laws were according to country of birth! I will contact the embassy to find out what we need, many thanks for your help (Super) Mario!!

[ALFREDO]

-peskypirate-

Can you not just say, its your child? Or you do not like to do that?

[peskypirate]

Hi Alfredo, I don't understand your comment, say to whom? Her father knows she is his child, that is not the issue. The issue I have is getting the paperwork done whilst he is not free to go to the local registry office.

[ALFREDO]

Say to your Government.

I do not understand the whole story, you wrote only parts.

Mario, writes "child is born outside TH".

So do you need a Thai Passport for your child?

You write,

"to organise for my child to apply for a Thai passport. She is living with me outside of Thailand, her father is a Thai national living in Thailand. I have read that he is required to sign a declaration that he recognises her as his child at his local civil registry office, then it is possible to apply for a passport once she is legitimised."

[Boo]

It is the OP's right to want to get her child a thai passport but as the op is not Thai, as I understood it and unless a court order is in effect, BOTH parents are required to apply for a thai passport.

As her partner is currently incarcerated in Thailand, he is not able to assist in attending thai passport interview, so the OP is asking for advice on any other avenues.

Do you know how the OP can acheive this?

[peskypirate]

Thank you Boo.

[mike123ca]

I don't recall being present when my children applied for their Thai passport.

I'm assuming Boo meant to say both parents have to be present to get the child Thai citizenship.

Would a signed affidavit from the father be sufficient?

I do think the best place to start would be the Thai embassy in her country.

Edited March 22, 2013 by mike123ca

[Mario2008]

The child needs a Thai birth certificate to start with and only the Thai embassy in the country where the child was born can issue that. It means paperwork needs to be signed, etc.

For a Thai passport both parents need to sign the application, it is not required that both parents apply in person.

[Boo]

My son was registered & thai passport applied for at the Thai embassy in London & my husband & I both had to attend an interview & sign the papers in front of the embassy employee.

[Mario2008]

Probably because you did the birth certificate and passport in once. But I think it is possible to it with only 1 parent present, but the others parent will probably needs to have his signature certified.

Maybe the prison director, as a high grade government official, is able to do that.

Let's see what the embassy says and then it is posible to contact the Thai consular department for further help. They tend to be active in helping Thai nationals.

[peskypirate]

Hi guys, thanks for your replies. This is what is on the Thai embassy London website:

1. Register a Birth

1. To register a birth an appointment is not required but if you wish to apply for an e-passport for

your child on the same day an appointment is required, please call 020-7589-2944 ext 5500

on working days from 13.30 to 17.00 hrs.

2. The child, father and mother are required in person at Royal Thai Embassy, London.

3. To register for a Thai birth certificate, the child has to have been born in the UK/Ireland and

have a UK/Ireland Full Birth Certificate.

4. Registrations of births are free of charge.

Remarks: If the child was born before 1st March, 1992 (B.E. 2535), please see 3.4

Documents required:

3.2 If child’s parents haven't married.
1. A recent (2 x2 inches) photograph of the child

2. A photocopy of UK/Irish Full Birth Certificate.

3. A photocopy of Parents’ Valid Passports

4. A photocopy of Parents’ Thai Identity Cards or Thai House Registration.

5. A Request Form - completed except for leaving the signature section blank to be signed in person in front of the Consular officer. If the child wishes to use their father’s surname, a consent letter to use father’s surname has to be signed by the father in person at the embassy.

6. A photocopy of Child Custody document - Por. Kor. 14 (only for cases of lost contact with the father).

I have emailed them to ask what is the situation if the Thai parent is living in Thailand and I'm waiting on their reply.

Edited March 22, 2013 by peskypirate

[peskypirate]

And for the passport:

1. Thai Electronic Passport (E-Passport)

1. Make an appointment by calling at 020-7589-2944 ext 5500 on working days from 13.30 to 17.00 hrs.
2. Applicant is required to come in person. For applicants who are under 20 years old, parents are required to attend the embassy with the applicant.
3. Processing time is about 4 - 6 weeks.
4. FEE 25.00 GBP (CASH ONLY)

Documents required:

3.3 For applicants who are under 20 years old and his or her parents haven't married

1. Current passport
2. A photocopy of Thai House Registration or Thai Identity Card bearing 13-digit number
3. A photocopy of Thai Birth Certificate
4. A photocopy of Child Custody Document
5. A photocopy of Parents’ Valid Passports
6. A photocopy of Parents’ Thai House Registration or Parents’ Thai Identity Cards

Edited March 22, 2013 by peskypirate

[ALFREDO]

Edited March 23, 2013 by ALFREDO

[ALFREDO]

Hi Alfredo, I don't understand your comment, say to whom? Her father knows she is his child, that is not the issue. The issue I have is getting the paperwork done whilst he is not free to go to the local registry office.

It is the OP's right to want to get her child a thai passport but as the op is not Thai, as I understood it and unless a court order is in effect, BOTH parents are required to apply for a thai passport.

As her partner is currently incarcerated in Thailand, he is not able to assist in attending thai passport interview, so the OP is asking for advice on any other avenues.

Do you know how the OP can acheive this?

Sorry, I thought wrong

I just read now what is written exactly and that it is meant in that way.

"for my child to apply for a Thai passport. She is living with me outside of Thailand, her father is a Thai national living in Thailand."

Usually, Thai-Falang mixed children are from Thai mothers and Falang fathers and sometimes, even, when the Thai woman brings a child inside the relationship from a Thai father beforehand or is pregnant from a Thai man, Falang fathers label them as, "My child"

So, my deliberation went in the wrong way.

Edited March 23, 2013 by ALFREDO