issuing a foreign passport to a newborn thai mom and farang dad

[elronis]

hello,

I am a farang nathional and had a baby with a thai nathional.

we want to issue a passport in my embasy but they say they have to check legal things...

is there any law or regulation that say that a newborn of thai lady and farang dad can not issue the dad nathionality passport?

[7by7]

Thai law allows dual nationality. The child is Thai because one of the parent's is Thai. That is the law no matter where the child is born.

Whether or not the law of your country allows dual nationality and so the child also has that nationality, we cannot say unless you tell us what that country is.

[TerryLH]

"... we cannot say unless you tell us what that country is."

"hello,

I am a farang nathional"

Anybody know the color of their flag?

"... but they say they have to check legal things..."

Did they tell you what it is they want to check? Marriage certificate, birth certificate...?

[4evermaat]

^^ we cannot help op until we know the nationality of the falang

"...the 2nd best time to plant a tree is today." Sent from ThaiVisa app (Galaxy Note 2).

[tingtong]

my experience was:

with the marriage certificate + kid's birth certificate the embassy issued a temporary ( good for one way to your home country) passport for the kid.

another option: thai baby gets thai passport, and then travel on with visa to your country...for example my embassy issued/issues free of charge visa to my home country/schengen visa for child and wife.

tried/done both ways.

your child surely entitled to your own nationality, BUT that legally can be done with the paperwork in your country, not in the embassy, really.

[Basil B]

It would help if posters were to state which country they come from.

and all the relevant facts.

The OP posted this yesterday: http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/page-5#entry6725490

Hi.
Need help understanding my options. Please correct me if I am wrong.
I am farang gad baby with a thai lady. Baby is 2 month old.
We are not married.
My name is on the birth certificate.
The baby is with me and the mother is out of the picture but will cooporate and do what ever is nececery to help me gain rights over the baby.
1. We can go together to central family court in bangkok and get legitimization by signing some forms. No lawyer needed. And then because I will be legitimate father we can have agreement between us about costudy that will bind her legaly. No court order needed.
2. We can get married. By that I will get automatic legitimization. And then (can it be the next day?) Get divorsed and sign a costudy agreement that will also bind her. Again no court order needed.
The thing is I have to go back to my country with the baby as soon as possible and I can not wait long for court order. My embassy reqier that I will be the legitimate father and maybe even have soleccostudy. Again. The mother will do any nececery thing to help me.

Seems he is the father of a child of 2 months and the mother has left him with the child.

His embassy will not automatically give him a passport so he can take the child home without its mother.

Almost certainly he will have to prove a few things before his country will grant a passport (regardless of whichever country it be) like:

1. He is the farther
2. The babies mother really does not want anything to do with the child
3. He is able to care and provide for the child

[Maestro]

I have removed some off-topic posts. As long as the OP does not state his nationality it is pointless to discuss the procedures for obtaining the passport of a particular country.

[dighambara]

my experience was:

with the marriage certificate + kid's birth certificate the embassy issued a temporary ( good for one way to your home country) passport for the kid.

another option: thai baby gets thai passport, and then travel on with visa to your country...for example my embassy issued/issues free of charge visa to my home country/schengen visa for child and wife.

tried/done both ways.

your child surely entitled to your own nationality, BUT that legally can be done with the paperwork in your country, not in the embassy, really.

I have two daughters, born locally to Thai Mother (Farang Dad). Went to Embassy, filed application showed original birth docs, received Foreign Birth Certificate and Passport - no problem, just time. When daughters were over age 5, took them to the local office and applied for Thai passports - no problem, just time....

Cost were quite reasonable for all requirements.

[Mario2008]

my experience was:

with the marriage certificate + kid's birth certificate the embassy issued a temporary ( good for one way to your home country) passport for the kid.

another option: thai baby gets thai passport, and then travel on with visa to your country...for example my embassy issued/issues free of charge visa to my home country/schengen visa for child and wife.

tried/done both ways.

your child surely entitled to your own nationality, BUT that legally can be done with the paperwork in your country, not in the embassy, really.

I have two daughters, born locally to Thai Mother (Farang Dad). Went to Embassy, filed application showed original birth docs, received Foreign Birth Certificate and Passport - no problem, just time. When daughters were over age 5, took them to the local office and applied for Thai passports - no problem, just time....

Cost were quite reasonable for all requirements.

All depends on nationality of the father. The child is currently not legitmised and that also makes a big difference for the current options. Currently the legal situation is that the child has a mother and the nationality of the mother, the child has simply has no father in a legal sense until the proper steps to achieve that are made.

[TerryLH]

"When daughters were over age 5, took them to the local office and applied for Thai passports - no problem, just time...."

You mention an age. Was there a reason for waiting until then to get a Thai passport?

Thanks.

[gerryBScot]

Apart from needing more info, the OP needs to clarify the mother of the baby's status? Is she married, or what? For instance if she is married to some one else then in Thai law the baby might be regarded as the husband's.......

[elronis]

ok

i am Israeli

the mother is Thai

the Israeli embassy has issued an id no. for my daughter but will not allow to issue passport and take my daughter to Israel because they want to check with Thai authorities there isn't a legal problem with it.

they have a meeting on the 28th and should know by then what the thai authorities have to say about my situation.

any way i dont think i can wait any more so please advise on marriage and divorce procedures:

1. where do we go to get married?

2. after getting married will i get some kind of document that show i am the legitimate father?

3. do we get divorce at the same place?

4. can we get divorce the same day even? after i get legitimization.?

5. when we will divorce will we get some kind of government form saying i have sole custody?(this is what we will agree on) or i need to do something more to prove my sole custody to my embassy?

thank you

[7by7]

Are you named as the father on the birth certificate?

As I understand it, if you are, then under Thai law you are legally the father.

If you are not, then under Thai law you are not legally the father, and marrying the mother will make no difference to this.

How the Israeli authorities view this, I have no idea. But I suspect that even were you to marry and then divorce the mother they would still want to carry out the checks with the Thai government you mention before issuing the child with a passport.

As a foreigner, to marry in Thailand you first need to sign an Affirmation of Freedom to Marry and have your signature witnessed by a consular official at the Israeli embassy. The embassy will be able to advise you on what they require and how to arrange this.

You then have the AFM translated into Thai and the translation certified by the Ministry of Foreign Affairs.

You can then take this to any ampur and register your marriage.

If both partners agree, you can register your divorce at any ampur and arrange for sole custody. The ampur will issue a sole custody document if custody is agreed.

Not sure how the Israeli authorities would view a marriage/divorce/custody registration in such quick time, though. With suspicion, I suspect.

Better to wait until after the 28th to see what your embassy say, in my view.

Edited August 21, 2013 by 7by7

[Mario2008]

Poster has now two topics on this.

If he marrys the mother, he automatically becomes the legal father of the child.

[7by7]

Thanks for the clarification, Mario.

If he is already named as the father on the birth certificate, will marrying the mother make any difference?

Edited August 21, 2013 by 7by7

[Mario2008]

Thanks for the clarification, Mario.

If he is already named as the father on the birth certificate, will marrying the mother make any difference?

Being named on the birth certificate only means that the person registered it made a claim he is the father, it does not give parental rights. it only makes a claim. The marriage however will make him the legal father.

[7by7]

Thanks.

And apologies to the OP for the incorrect information I posted earlier.

Edited August 21, 2013 by 7by7

[Mario2008]

When OP wants to fly out with the child he needs to have the bith certificate, especially when on a foreign passport as the birth certificate shows that the child was born in Thailand and does not have an immigration record.

Proof of sole custody would also be nice. Checks are being made to prevent human trafficking.

Obtaining a Thai passport might be quicker.

[7by7]

Obtaining a Thai passport might be quicker.

True, but then the child could need a visa to enter Israel; which may be harder and take longer to get than an Israeli passport.

[Waterloo]

Poster has now two topics on this.

If he marrys the mother, he automatically becomes the legal father of the child.

Purely out of curiosity Mario by then divorcing the lady in question, he still remains the legal farther?

[Basil B]

I understand that to register a divorce by mutual consent you will need to do this at the registration office where you married, (you will probably do this anyway if you intend to divorce the next day)

I can not find any reference to whether you can do this the next day or have to wait some time to divorce.

I you will need a divorce contract to, the divorce contract is the settlement agreement between you and your wife on how property is divided, support issues, child custody and visitation rights, may be better to get a good lawyer to write this up before you marry otherwise you could lose an awful lot.

[Basil B]

Just to update my previous post.

there is no law that says you need a divorce contract but if you do not have one then when you go to the office you and your wife will be asked to agree the terms, as probably you do not speak Thai you will be an onlooker at a procedure that you need to take an active part in just to protect your interests, the more Thais in the room the more one sided it will be.

I also worry about the person registering the divorce having the right to veto you and your wife's decision that you have sole custody and can take the child out of the country, this person may not have the legal right but may do so anyway or give you sole custody rights but ban you from taking the child out of the country.

I am also worried as to why your ex girlfriend should want to give up her baby to you as this is not natural nor in my opinion do I think a father is the best option to cope with such a young child, and I am thinking that either the mother may be suffering from postnatal depression or is being forced to do so under duress, no doubt others will think the same.

I feel whatever you do you are going to have to prove you are the biological father of the child, and the mother is allowing you to take the child of her free will, and she is of fit mind to make the decision, before you will be allowed to take the child out of the jurisdictions of the Thai legal system.

From what you say regarding involvement of you embassy it seems you are lucky as they are taking an active role, whereas for many of us if we were in a similar situation we would find ourselves running round in circles having to jump through hoops and get all sorts of documents by ourselves.

Edited August 22, 2013 by Basil B

[elronis]

one more question

does my daughter have to already be written in the house book of my friend for me to get legitimization upon marriage?

also when divorcing? does my daughter have to already be written in the house book of my "wife" for me to get full custody upon divorcing by mutual consent?

to rest all of the worries... me and my friend had my daughter out of an agreement(surrogacy) and she has no genetic or emotionally connected to her.

the only reason we want to get married and divorce is because of my embassy demands some assurance to let me get back home with my daughter. i hope they will find another solution(they have a meeting with mfa on the end of this month) but till they do i have to think of creative ways to get full custody and finish this saga(i am here already 2 month away from my first born and my partner).

[7by7]

me and my friend had my daughter out of an agreement(surrogacy)

Is such an arrangement legal in Thailand and Israel?

[elronis]

you can see surrogacy laws on another forum page. its complecated than yes or no. anyone have an answer for me?