Getting my name on birth certificate

[spacemand]

I was married, she got pregnant, claims its mine divorce less than 10 months after child is born.

DNA test is pending but looks like its mine.

I am under 50 and want to stay in Thailand, went to the local immigration office they will extend my visa for 60 days with birth certificate with my name, blue book, and mothers ID card.

The kicker is that they will give me a Non-O for a year with 400K in the bank with the same documents as above, did not think it was possible but I asked twice.

Problem is that there are no fathers name on the birth certificate and my ex is saying its a big problem to do so and blah blah blah.

Anyone know the process of this?

We were married and got divorced 3 months before the child were born, there is no fathers name on the birth certificate.

[Boo]

Moving to family forum

[Mario2008]

Although you were divorced at the time of birth of the child, you are automatically the father as far as the law concerns as the child was born within 310 days of divorce.

Your name or not on the birth certificate doesn't change that, nor does a DNA test. A DNA test would only give you the possibility to renounce the child as yours if it turn out not to be yours, but you do not have to. (You will have 1 year to renounce the child).

Yes, immigration can give you extensions of stay as the parent of a Thai child, but might require proof you have joined custody with the mother and the child (also) stays with you.

[NanLaew]

As Mario correctly pointed out, you are 'automatically' the father with respect to the time between divorce and birth.

However, for the purposes of the OP's Immigration status change and a whole lot of stuff related to the child, the OP's name NOT being on the certificate is a quite big issue. Automatic doesn't infer any legal standing unless the name is on the birth certificate. For the OP's example, his name needs to be on his daughters BC to confer LEGAL status on the OP for immigration purposes. His name would need to be on the BC if he was pursuing a passport for his child.

And the OP's ex-wife isn't making it up that it's probably impossible to change a birth certificate once it has been issued. I recall an unfortunate chap posting last year about his wife having their baby when he was out of the country and her brothers name went on the BC as father. No, it wasn't her Thai husband masquerading as a brother but apparently in the rural and provincial hospitals where singe-motherhood isn't unknown, even the father of the birth mother has been registered as the child's father as there needs to be a male name on there or else the birth certificate will be issued without it irrecoverably.

[edit] But they will issue an amendment whilst the original BC remains unchanged.

I reckon this one should be punted into 'Ask The Lawyer'.

Edited July 20, 2014 by NanLaew

[apiwan]

On one of my childs BC.

They wrote corrections at the bottom in red ink.

RE my surname spelled incorrectly

Think the corrections will be there forever.

Don't know if it would be amended if I filed a lost BC though.

Have you seen the BC with no fathers name on?

I've never seen one.

Sent from my SM-N9005 using Thaivisa Connect Thailand mobile app

[fabphil]

Do a runner and dont put ur name any where, i know a pommy bloke whos paying 15k a month for a child who is now 15, and the ex took all he gave her house car etc, went through the local court system.

[NanLaew]

Do a runner and dont put ur name any where, i know a pommy bloke whos paying 15k a month for a child who is now 15, and the ex took all he gave her house car etc, went through the local court system.

Maybe the pommy bloke loves his kid more than he loves himself hates his ex?.

[Mario2008]

As Mario correctly pointed out, you are 'automatically' the father with respect to the time between divorce and birth.

However, for the purposes of the OP's Immigration status change and a whole lot of stuff related to the child, the OP's name NOT being on the certificate is a quite big issue. Automatic doesn't infer any legal standing unless the name is on the birth certificate. For the OP's example, his name needs to be on his daughters BC to confer LEGAL status on the OP for immigration purposes. His name would need to be on the BC if he was pursuing a passport for his child.

And the OP's ex-wife isn't making it up that it's probably impossible to change a birth certificate once it has been issued. I recall an unfortunate chap posting last year about his wife having their baby when he was out of the country and her brothers name went on the BC as father. No, it wasn't her Thai husband masquerading as a brother but apparently in the rural and provincial hospitals where singe-motherhood isn't unknown, even the father of the birth mother has been registered as the child's father as there needs to be a male name on there or else the birth certificate will be issued without it irrecoverably.

[edit] But they will issue an amendment whilst the original BC remains unchanged.

I reckon this one should be punted into 'Ask The Lawyer'.

Automatically means that legally he is automatically the legal father already according to Thai law and he doesn't need to do anything for that. The law says that he is the father.

The child should be registred in the household registration book, naming him as the father.

[NanLaew]

As Mario correctly pointed out, you are 'automatically' the father with respect to the time between divorce and birth.

However, for the purposes of the OP's Immigration status change and a whole lot of stuff related to the child, the OP's name NOT being on the certificate is a quite big issue. Automatic doesn't infer any legal standing unless the name is on the birth certificate. For the OP's example, his name needs to be on his daughters BC to confer LEGAL status on the OP for immigration purposes. His name would need to be on the BC if he was pursuing a passport for his child.

And the OP's ex-wife isn't making it up that it's probably impossible to change a birth certificate once it has been issued. I recall an unfortunate chap posting last year about his wife having their baby when he was out of the country and her brothers name went on the BC as father. No, it wasn't her Thai husband masquerading as a brother but apparently in the rural and provincial hospitals where singe-motherhood isn't unknown, even the father of the birth mother has been registered as the child's father as there needs to be a male name on there or else the birth certificate will be issued without it irrecoverably.

[edit] But they will issue an amendment whilst the original BC remains unchanged.

I reckon this one should be punted into 'Ask The Lawyer'.

Automatically means that legally he is automatically the legal father already according to Thai law and he doesn't need to do anything for that. The law says that he is the father.

The child should be registred in the household registration book, naming him as the father.

And no argument from me on that point of law but between the OP, ex-wife, kid and family or witnesses confirming that he is the father, how can he actually PROVE it? The Immigration people have told the OP they need to see the childs birth certificate and maybe they are assuming it will have his name on it... which of course it doesn't.

Here's hoping that the OP is dealing with an amphur/registrar that can do some sort of amendment to the original BC. Otherwise it may come down to a DNA test and however that gets legalised, etc..

[Mario2008]

There shouls be a register in which the name of the legal parents of a child are recorded.

In any event, the household registration book also list someones parents (first name only I believe).