dutch passport for teenager with absent father

[jonesthebaker]

I was talking to a Thal lady in a resturant i often visit and she asked for my help/advice regarding obtaining a Dutch/EU passport for her half Dutch/Thai teenage son.

It seems the father, an elderly gentleman, will not assist in anyway. Is there any way she/he can apply without the consent or assitance of his absent father?

thanks

[dutchisaan]

This is only possible when the father will help. When the mother was not married with the father at the time when the child was born, than the father has to sign papers that he officialy aknowledge the child. When they where married at the time the child was born than this paper is not needed. Because the child lives in Thailand, al paerwork have to be done at the Dutch embassy in Bangkok.

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[thepool]

Extremely difficult if the Father will not assist.

How does Mum hope to prove the claim to Dutch Nationality?

[jonesthebaker]

Extremely difficult if the Father will not assist.

How does Mum hope to prove the claim to Dutch Nationality?

The Thai lady is a waitress in a restaurant where i occasionally eat breakfast. she is by no means young (i guess 50 or more) and she felt free to ask me as she knows i have a half Thai child with UK passport. Just a bit background there

anyhow as far as i could understand the only thing the child has is his fathers name on his birth certificate. the father is 65 and - according to the lady - gives no support and refuses to help.

[thepool]

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Extremely difficult if the Father will not assist.

How does Mum hope to prove the claim to Dutch Nationality?

The Thai lady is a waitress in a restaurant where i occasionally eat breakfast. she is by no means young (i guess 50 or more) and she felt free to ask me as she knows i have a half Thai child with UK passport. Just a bit background there

anyhow as far as i could understand the only thing the child has is his fathers name on his birth certificate. the father is 65 and - according to the lady - gives no support and refuses to help.

As said before not much can be done if the Father refuses to help.

Does the teenager speak Dutch, English or indeed any Language other than Thai

Is the youngster well educated and able to secure a University or Technical school place ?

Why is Mum keen for a Dutch passport to be acquired ?

I do not mean to be unkind but the passport of itself will open no great doors of opportunity..

[wym]

Seems the least he can do if he hasn't supported the kid in other ways, no skin off his nose.

Maybe a way could be found to "persuade" him it would be a good idea.

[chickenslegs]

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Extremely difficult if the Father will not assist.

How does Mum hope to prove the claim to Dutch Nationality?

The Thai lady is a waitress in a restaurant where i occasionally eat breakfast. she is by no means young (i guess 50 or more) and she felt free to ask me as she knows i have a half Thai child with UK passport. Just a bit background there

anyhow as far as i could understand the only thing the child has is his fathers name on his birth certificate. the father is 65 and - according to the lady - gives no support and refuses to help.

As said before not much can be done if the Father refuses to help.

Does the teenager speak Dutch, English or indeed any Language other than Thai

Is the youngster well educated and able to secure a University or Technical school place ?

Why is Mum keen for a Dutch passport to be acquired ?

I do not mean to be unkind but the passport of itself will open no great doors of opportunity..

How about the opportunity to travel to many countries of the world without the need to apply for a visa?

How about the opportunity to live and work in the Netherlands or any other EC country?

[wym]

Yes, I'd trade my US passport for a Netherlands one in a heartbeat. . .

[Beetlejuice]

I would guess that the lady or her son would first have to prove that the Dutch guy is the biological father, which would mean this case requires the full cooperation of the father or perhaps another close relative. For example does the guy have another child or children with other partners?

And if the boy is under 18, than there may need to be custody and guardianship negotiations between all the parties concerned. This is really too complicated to answer on Thai visa as we do not know the full facts behind what happened regarding this family in the past. Also we don`t know whether the alleged Dutch father is in good health or not, mentally or physically, his circumstances at the moment or whether the guy is even still alive.

All I can suggest is to obtain the advice of a Dutch lawyer who specialises in these sorts of cases.

[keestha]

Dutch lawyers are expensive. Google rechtswinkel (literally translated law shop). Rechtswinkels are non profit foundations where among others Dutch law students are working.

I wish you good luck with your quest. Chances are that when the child reaches a certain age, it will want to start looking for its roots, and of course Dutch citizenship offers tremendous possibilities, such as studying at a first class university even if you don't have any financial means.

[robblok]

Yes, I'd trade my US passport for a Netherlands one in a heartbeat. . .

Why arent they basically the same. Doubt there is much restriction on people from the US.

I am Dutch and as others have said, could be hard to do unless she can prove they were married at that time.

The guy might be affraid that he has to pay child support or something like that or that the kid has a right on his estate when he dies.

Seems not a nice thing to do father a child and not help it, then again there might be more to the story.

[Mario2008]

She can file for a paternity suit in which the court determines who the father is. When it is established he is the father, he can be made to pay child support and the child might be able to get a Dutch passport.

But it all depends on when (year and month) was the child born, because of law changes over the years. Whit that information better advise can be given.

Moved to family and children section.

[jonesthebaker]

She can file for a paternity suit in which the court determines who the father is. When it is established he is the father, he can be made to pay child support and the child might be able to get a Dutch passport.

But it all depends on when (year and month) was the child born, because of law changes over the years. Whit that information better advise can be given.

Moved to family and children section.

The boy is 15 - if that helps with your advice. which is appreciated.

i know your just doing your job but i note that this post has had zero views since your wize move.

[dutchisaan]

The question is, was she married with that guy when the child was born? And ofcourse all the rules and laws are changing all the time, so the best thing is to call the Dutch embassy in Bangkok for information 023 095 200

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[Mario2008]

1. The mother can file for a paternity suit to have the court determine that the man is the father and thus liable for child support.

2. When the court determines he is the father, the child will be considered to have Dutch nationality fom birth.

Is the father living in Thailand or the Netherlands? That might determine which court can be used. If in the Netherlands, cheap legal assistence is available.

[dutchisaan]

1. The mother can file for a paternity suit to have the court determine that the man is the father and thus liable for child support.

2. When the court determines he is the father, the child will be considered to have Dutch nationality fom birth.

Is the father living in Thailand or the Netherlands? That might determine which court can be used. If in the Netherlands, cheap legal assistence is available.

Mario I am sorry to say that you are wrong. When the mother was not legally married with the dutch father at the time the child was born than the child will not get Dutch nationality by right of birth. He can get Dutch nationality by right of aknowledgement from the father.

There is some paperwork involved where the most important one is that both parents have to proof that they where not married with somebody else when the child was born.

Since June 2011 everything can be taken care of in a few days, before you had to wait 3 years after aplying.

I am Dutch and have a son with my girlfriend and I went trough this process in july 2011.

As I said in a other post, contact the Dutch embassy.

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[Mario2008]

The exeption to that case is a court determines the father is a Dutch national.(In otherwords is the biological father).One of the parents is Dutch at your birth, than you are Dutch.

In case of recognisition you only recognise the child as yours before the law and become the legal father without necisarily being the biological father. The child has Dutch nationality from day of recognision as opposed from birth in case of a paternity suit.



Edit:

http://en.wikipedia.org/wiki/Dutch_nationality_law

A child born to an unmarried Dutch father and a non-Dutch mother must be acknowledged by the Dutch father before birth, in order for the child to be a Dutch subject at birth. Before 1 April 2003, an acknowledgement could be given after birth. Since then children who were not acknowledged before birth may nonetheless acquire Dutch citizenship through the option procedure, or through obtaining proof of paternity from a court. In the last case, the child gets Dutch nationality retroactively, since his/her birth.

[dutchisaan]

The exeption to that case is a court determines the father is a Dutch national.(In otherwords is the biological father).One of the parents is Dutch at your birth, than you are Dutch.

In case of recognisition you only recognise the child as yours before the law and become the legal father without necisarily being the biological father. The child has Dutch nationality from day of recognision as opposed from birth in case of a paternity suit.

Edit:

http://en.wikipedia.org/wiki/Dutch_nationality_law

A child born to an unmarried Dutch father and a non-Dutch mother must be acknowledged by the Dutch father before birth, in order for the child to be a Dutch subject at birth. Before 1 April 2003, an acknowledgement could be given after birth. Since then children who were not acknowledged before birth may nonetheless acquire Dutch citizenship through the option procedure, or through obtaining proof of paternity from a court. In the last case, the child gets Dutch nationality retroactively, since his/her birth.

Mario, I stay corrected. I forgot about the part of recognition before birth.

However the problem is that the guy doesn't want to help one way or the other.

I emailed a good friend of my in the Netherlands with this question ( he is a family lawyer). So for the op, here are a few questions.

Did this guy sign any paperwork in the Hospital when the child was born?

Is the name of this guy on the birth certificate?

Does the mother has proof they where together when she became pregnant?

Does she knows where he lives, has his date of birth or any other information to contact him?

If she can provide enough information it will be possible that this guy has to give proof if he is the father or not.

There are also a few possibillities trough the media in the Netherlands. There are television programs on Dutch tv that will take the case if they find is possible and interesting for there program. If they take the case, they pay for the cost.

If you want more detailed information pm me.

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