Legitimacy verses paternity

[drl02]

What does legitimacy have to do with paternity? I am the American father of a child with a Thai lady. I wish to have the child recognized as a US citizen. However, I have been seperated for 20 years but never officially divorced due to health insurance and tax reasons. The application for Consular Report of Birth Abroad of a Citizen of the United States states I have to provide proof of termination of any previous marriages.

Also, a person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA provided..... the person is legitimated under the law of his/her residence or domicile, What does this mean?

Has anyone faced the Embassy without proof of termination of previous marriages?

[Mario2008]

Paternity is more about who is the (biological father) and in the case of a paternity suit a judge will determine if someone is the father (with all legal consequences) or not.

Legitimicy is about being the father in the eyes of the law, often that will be the biological father but not always.

I take it you are married and not divorced, but are currently in a relationship with another woman and want to have the child recognized as a US citizen.

Since not married to the mother you need to legitimize the child through the Thai courts. That will make you the legal father of the child.

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

As born and living in Thailand and you are currently living in Thailand, I understand the US-government will recognize the legitimization under Thai law, so you can next file the Consular report. It might require DNA testing, but you will be told when applying.