Nationality Act (Version 2), 1992 (2535 B.e.), Article 7 (1)

[Mekong Bob]

This reference (above) confirms Thai citizenship for children born to a Thai mother (or father), regardless of where the child was born (in Thailand, or elsewhere).

For parents of kids born after 1992, the Thai birth certificate should clearly indicate "Thai" nationality, and the Household Registration (Thabian Ban) should show the same. Many of the "luk khrueng" kids (Thai mother, farang father) now have a Thai Identity Card and Thai passport.

Those "luk khrueng" born between 1972 and 1992, however, were subject to Revolutionary Party Announcement No. 337, and their Thai birth certificate indicates "non-Thai" nationality.

Article 7 (1) directly addresses this group of "non-Thai" kids with farang fathers and Thai mothers.

Over the last 20 years, which Thai district offices have processed paperwork on behalf of these kids under Article 7 (1)? (No Article 23 cases, please!) Ever seen such a scorecard of cases submitted, cases approved? Can you identify a district office which you know about firsthand?

[Mario2008]

Can't answer your question, but the act is retroactive. They now have Thai nationality.

Persons born abroad who are in the same situation simply register their birth with the Thai embassy for the county where they were born and get a Thai birth certificate. I guess that when they are born in Thailand they can simply go to the amphur and ask for a Thai ID-card without much problem. As said, the law was changed retroactive and they have Thai nationality automatically because one of their parents is Thai.

In case of trouble, call the department of provincial administration on their hotline, or call the government information line at 1111 who will connect you with the right department to talk too.

[Maestro]

Nationality Act (Version 2), 1992 (2535 B.e.), Article 7 (1)

In case anybody else wonders what Section 7 – there is no 7(1) – of the Nationality Act (No. 2) B.E 2535 says, here is the the text of the English translation:

Section 7. The provisions of Section 15 paragraph 1 of the Nationality Act B.E. 2508 shall be repealed and replaced by the following:

Section 15. Except in the case under section 14, a person who has Thai nationality and other nationality or acquires Thai nationality by naturalization shall, if he desires to renounce Thai nationality, file an application with the competent official according to such form and the manner as prescribed in the Ministerial Regulations.

Source: http://www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=3df7765e4

The OP probably meant Section 7(1) of the Nationality Act B.E. 2508 as amended by Section 4 of the Nationality Act (No. 2) B.E. 2535, the English translation of which is as follows (same source as above):

Section 4. The provisions of Section 7 of the Nationality Act B.E. 2508 shall be repealed and replaced by the following:

Section 7. The following persons acquire Thai nationality by birth:

(1) A person born by a father or a mother of Thai nationality, whether within or outside the Kingdom

...

The retroactive validity mentioned by Mario is stated in Section 10 of the Nationality Act (No. 2) B.E. 2535:

The provisions of Section 7(1) of the Nationality Act B.E. 2508 as amended by this Act shall also apply to persons who were born before the date of enforcement of this Act.

A link to the full text of the English translation of the Nationality Act B.E. 2508 as amended by the Nationality Acts (No. 2) B.E. 2535, (No. 3) B.E. 2535 and (No. 4) B.E. 2551 is in the pinned topic Important Visa Information --> Useful Immigration Information & Visa Descriptions --> Laws, regulations, Police Orders, etc.

Edited May 26, 2013 by Maestro
Replaced dead link to Nationality Act (No. 2) B.E 2535 with valid link

[Mekong Bob]

Nationality Act (Version 2), 1992 (2535 B.e.), Article 7 (1)

In case anybody else wonders what Section 7 – there is no 7(1) – of the Nationality Act (No. 2) B.E 2535 says, here is the the text of the English translation:

Section 7. The provisions of Section 15 paragraph 1 of the Nationality Act B.E. 2508 shall be repealed and replaced by the following:

Section 15. Except in the case under section 14, a person who has Thai nationality and other nationality or acquires Thai nationality by naturalization shall, if he desires to renounce Thai nationality, file an application with the competent official according to such form and the manner as prescribed in the Ministerial Regulations.

Source: http://www.dopa.go.th/dopanew/law/20.pdf

The OP probably meant Section 7(1) of the Nationality Act B.E. 2508 as amended by Section 4 of the Nationality Act (No. 2) B.E. 2535, the English translation of which is as follows (same source as above):

Section 4. The provisions of Section 7 of the Nationality Act B.E. 2508 shall be repealed and replaced by the following:

Section 7. The following persons acquire Thai nationality by birth:

(1) A person born by a father or a mother of Thai nationality, whether within or outside the Kingdom

...

The retroactive validity mentioned by Mario is stated in Section 10 of the Nationality Act (No. 2) B.E. 2535:

The provisions of Section 7(1) of the Nationality Act B.E. 2508 as amended by this Act shall also apply to persons who were born before the date of enforcement of this Act.

A link to the full text of the English translation of the Nationality Act B.E. 2508 as amended by the Nationality Acts (No. 2) B.E. 2535, (No. 3) B.E. 2535 and (No. 4) B.E. 2551 is in the pinned topic Important Visa Information --> Useful Immigration Information & Visa Descriptions --> Laws, regulations, Police Orders, etc.

Thank you, Maestro. I truly appreciate this correction/clarification.

Anybody out there in TV Forum Land who has any experience with this stuff? Please share!

[Maestro]

The opening post in this topic makes reference to "luk khrueng" without a definition of its meaning in the context of that post and also refers to "Revolutionary Party Announcement No. 337" without giving a link to it, thus leaving readers of this topic ignorant about the contents of this announcement and possibly unable to determine whether they have "any experience with this stuff"

[Mekong Bob]

The opening post in this topic makes reference to "luk khrueng" without a definition of its meaning in the context of that post and also refers to "Revolutionary Party Announcement No. 337" without giving a link to it, thus leaving readers of this topic ignorant about the contents of this announcement and possibly unable to determine whether they have "any experience with this stuff"

Sorry for omissions. The Thai colloquial term "ลูกครึ่ง" ("luk khrueng") refers to children/persons of mixed Thai and foreign blood (ethnicity). The literal meaning is "half-child." The English term "mixed race" has now been replaced by the more politically correct terms "Amerasian," "Eurasian," etc.

[Mekong Bob]

The opening post in this topic makes reference to "luk khrueng" without a definition of its meaning in the context of that post and also refers to "Revolutionary Party Announcement No. 337" without giving a link to it, thus leaving readers of this topic ignorant about the contents of this announcement and possibly unable to determine whether they have "any experience with this stuff"

The Thai Revolutionary Party Announcement Number 337 (in Thai, ประกาศของคณะปฏิวัติ ฉบับที่ 337) was issued in December 1972 and revoked in 1992. "337" denied Thai citizenship to children born to foreign (non-Thai) fathers.

[Arkady]

Bob, Here is the Civil Registration Manual which was provided by Dork in another thread. Starting on p. 92 is the procedure for district offices to deal with people who show up from overseas to claim their Thai nationality. In addition to showing them the Nationality Acts, this might be a useful resource for lazy district office officials who prefer to make up their own regulations, rather than refer to the manual.

Section 7 of the Nationality Act, as amended by Version 2, is explicitly retroactive, so any reference to Rev Dec 337 on a birth certificate must be negated which should be obvious to even the most wooden headed and idle official.

Civil Registration Manual.pdf

[samran]

Bob, Here is the Civil Registration Manual which was provided by Dork in another thread. Starting on p. 92 is the procedure for district offices to deal with people who show up from overseas to claim their Thai nationality. In addition to showing them the Nationality Acts, this might be a useful resource for lazy district office officials who prefer to make up their own regulations, rather than refer to the manual.

Section 7 of the Nationality Act, as amended by Version 2, is explicitly retroactive, so any reference to Rev Dec 337 on a birth certificate must be negated which should be obvious to even the most wooden headed and idle official.

Based on Bob's posts, I think his daughter was born in Thailand to a Thai mother pre-1992, but not given Thai nationality due to Rev Dec 337.

I've been unable to help much on that front. Perhaps there is a reference to those in that situation getting their nationality recognised? The only thing I could advise was the DNA testing route.

[Arkady]

Bob, Here is the Civil Registration Manual which was provided by Dork in another thread. Starting on p. 92 is the procedure for district offices to deal with people who show up from overseas to claim their Thai nationality. In addition to showing them the Nationality Acts, this might be a useful resource for lazy district office officials who prefer to make up their own regulations, rather than refer to the manual.

Section 7 of the Nationality Act, as amended by Version 2, is explicitly retroactive, so any reference to Rev Dec 337 on a birth certificate must be negated which should be obvious to even the most wooden headed and idle official.

Based on Bob's posts, I think his daughter was born in Thailand to a Thai mother pre-1992, but not given Thai nationality due to Rev Dec 337.

I've been unable to help much on that front. Perhaps there is a reference to those in that situation getting their nationality recognised? The only thing I could advise was the DNA testing route.

DOPA's e-book Manual on Civil Registration and Nationality of 2011 might help too. See http://www.dopabook.com:8085/ebook/view.jsp?id_PageBook=28114&booktype=2 . The very first page shows the chart depicting happy characters who have Thai nationality through a Thai parent and born anywhere in the world. I haven't read through it because it is rather long but it seems to have procedures for everything. The other manual mentioned above lists all the things that can be examined in respect of people who show up from overseas to claim Thai nationality, including foreign passport, witness statements and other evidence. I expect that the other evidence might include DNA testing in some cases, although I didn't see that specified. Immigration at CW also has a Thai nationality verification department which has certainly asked for DNA tests. Perhaps that department is for tough cases where a district office is not convinced by the evidence presented. I think in most cases with birth certificate and a living Thai parent presenting the district office should be able to inscribe in tabien baan and issue ID card without problem.

Some people have really tought cases without a living Thai parent available as a witness, or those who have been adopted by foreigners, or those whose parents entered false information on the birth certificate or who let their child assume the identity of a cousin who died in infancy to avoid the trouble of another trip to the amphur, or any combination of these. These definitely need DNA testing and probably need a certificate from the Nationality verification department. Nevertheless some of these tough cases have been successful.

Edited May 28, 2013 by Arkady

[patyh]

Dear Bob,

I am currently going through the process of claiming my thai citizenship through my Mum who is a thai. I was born overseas to a foreign father and a Thai mum and have decided to stay in Thailand for the rest of my good life.

For children born overseas before 1992, you will have to fill in an additional form appealing for Thai Citizenship based on the amended law that was issued in 1992. There should not be a problem since the law is pretty clear on this area. As long as one of your parent is thai at the time of your birth, you are considered a Thai by birth. Clear Cut.

[samran]

Dear Bob,

I am currently going through the process of claiming my thai citizenship through my Mum who is a thai. I was born overseas to a foreign father and a Thai mum and have decided to stay in Thailand for the rest of my good life.

For children born overseas before 1992, you will have to fill in an additional form appealing for Thai Citizenship based on the amended law that was issued in 1992. There should not be a problem since the law is pretty clear on this area. As long as one of your parent is thai at the time of your birth, you are considered a Thai by birth. Clear Cut.

Patyh, in your case I think you could just apply for a thai birth certificate from the thai embassy in the country you were born. In that case, that will be sufficient for you to have your thai nationality recognised.

[Mekong Bob]

Dear Bob,

I am currently going through the process of claiming my thai citizenship through my Mum who is a thai. I was born overseas to a foreign father and a Thai mum and have decided to stay in Thailand for the rest of my good life.

For children born overseas before 1992, you will have to fill in an additional form appealing for Thai Citizenship based on the amended law that was issued in 1992. There should not be a problem since the law is pretty clear on this area. As long as one of your parent is thai at the time of your birth, you are considered a Thai by birth. Clear Cut.

Patyh, in your case I think you could just apply for a thai birth certificate from the thai embassy in the country you were born. In that case, that will be sufficient for you to have your thai nationality recognised.

Just returned to Chiang Mai from Mueang Nan Municipality, where I met with a couple of very nice DOPA officials to discuss my daughter's forthcoming trip to Nan to claim her Thai citizenship. In the 20 years since the 1992 law (the "game changer" for my daughter) was passed, this town had never encountered a single case where Section 7 (1) was cited as the basis for the claim . . . . until now. My Thai wife (and child's mother) and I had everything in good order (mother's Thai ID card and house registration, marriage certificate, and child's Thai birth certificate). This office is ready to approve and grant Thai citizenship, enter child's name on the Tho.Ro. 14 household registration (blue book) as a Thai national, and issue a Thai ID card to our daughter. No DNA tests, no reviews by Ministry of Interior officials in Bangkok required. The entire process can be handled in Nan Municipality in a day or two. Daughter just has to appear in person, with two 1-in X 1-in photos!

I'm feeling pretty good.

[samran]

excellent news. Hang on to those two DOPA officals. They sound like good eggs.

[Mario2008]

Good news, and as it should be.

[asiaexpat]

Nice to hear that some officials read their manual and follow it. Over the course of four kids I have a variety of experience, none that were as easy MB's. Even the kid born in Thailand with a Thai birth certificate took quit a bit of effort and time. Good luck in Nan.

[Arkady]

Glad to hear things went smoothly in Nan, Bob. Well done.