Jump to content

Does having a son/daughter who is thai national allow for any special visa?


Recommended Posts

You being on the birth certificate was enough to convince the amphur. But formally it does not make you the legal father. Anyone can be named on the birth certificate, without knowing it. Saying at birth registration that multi-millionaire mr. X is the father does not mean he is indeed the legal father and thus now must take care of "his" child.

Link to comment
Share on other sites

I have just gone through the whole process to become the legal parent by Thai law to my 2 children. I am not married and have been with my long term Thai partner for about 9 years.

I contacted an International law firm in Bangkok to ask how much the process would cost me going through the court system, I was quoted around 85,000 baht for each child (not including additional fees for correspondence ect...) absolutely outrageous amount. So I decided to visit a few local law firms in my town, the first one had never done the process before so I moved onto the second law firm. They spoke limited English but that was not a problem as my Thai girlfriend translated anything myself or the lawyer could not understand. He quoted 20,000 baht for both children (10,000 baht per child). That was the price for everything from start to finish, no hidden charges.

The first step was for the lawyer to contact the local juvinille/family court where we had a meeting arranged to meet with the equivilant of a welfare/social worker. Myself, my girlfriend and my children had to attend along with my girlfriends mother. First my girlfriend and I were interviewed, they asked what employment I did in my home country, yearly income, how long I had been with my girlfriend ect ect.....they asked my children informally if I was their dad and a few other questions. After that my girlfriends mother who had been waiting outside was interviewed alone and was asked similar questions to what my girlfriend and I was asked. Everything matched up so that was fine. All in all we were there for about 2 hours in total.

Next we were given a court date which was about a month away. My girlfriend, children and I along with a close friend of my girlfriend who could vouch for us that we were telling the truth to the court attended court with my lawyer. The judge asked me around 20 questions relating to my income in my home country, where my children were born, dates of birth ect ect....no akward questions, asked my girlfriend the same questions and then her friend and that was it. About 3 weeks later the clerk of the court phoned my girlfriend to say the judged had approved and signed the relevant paper work and we collected it.

Last thing, with paper work signed by the judge in hand we went to our local amphur office, presented it to the lady at the desk, in less than 2 hours they had changed my son and daughters names by law to my surname on their birth certificates and various other bits of paper and I am now the recognized legal father of my 2 children by Thai law.

(P.S. my son who had just turned 7 years old AFTER the court case even got his first Thai I.D. card with my surname all in the same afternoon). The local amphur were very efficient and friendly. The whole process was painless and took about 2 months from start to finish.

I believe I will also have to go through a similar process as you have done, except that my surname name is already on my 4 month old son's birth certificate (not sure if that will make any difference), as far as I am/was aware I am not legally recognised by Thai law as the boy's father until I am legally married to his Thai mother, so the information you have provided above is a bonus for me, yes I do have plans to marry her in the near future (within a year say) but there are a few things I need to do before we go down that road. I would greatly appreciate if you could provide me with (in a PM) the details of the law firm you used to do this for you, thanks muchly ;-)

Link to comment
Share on other sites

Back to the original post. It must depend on the consulate/embassy you go to. I have two kids in Thailand and not married to their mom. Every year I am able to get a one year multi non-o based on the kids by just showing their birth certificate.

I'm not concerned about the Thai legalization as we have already gone through the process at the US Embassy, and both my kids received their CRBAs and US passports. Both also have my last name on the birth certificate, and I went to the Amphur both times to register them.

Link to comment
Share on other sites

Back to the original post. It must depend on the consulate/embassy you go to. I have two kids in Thailand and not married to their mom. Every year I am able to get a one year multi non-o based on the kids by just showing their birth certificate.

I'm not concerned about the Thai legalization as we have already gone through the process at the US Embassy, and both my kids received their CRBAs and US passports. Both also have my last name on the birth certificate, and I went to the Amphur both times to register them.

There may be a few places where you can get the multiple entry non-o visa but is official policy that you need to be the legal father of you child by way of legitimization.

Getting the US CRBA does not change anything for Thailand's requirements. If you ever want to stay here long term by getting a one year extension of stay based upon being the parent of Thai you will not get it unless your are the legal father under Thai law.

Link to comment
Share on other sites

Back to the original post. It must depend on the consulate/embassy you go to. I have two kids in Thailand and not married to their mom. Every year I am able to get a one year multi non-o based on the kids by just showing their birth certificate.

I'm not concerned about the Thai legalization as we have already gone through the process at the US Embassy, and both my kids received their CRBAs and US passports. Both also have my last name on the birth certificate, and I went to the Amphur both times to register them.

There may be a few places where you can get the multiple entry non-o visa but is official policy that you need to be the legal father of you child by way of legitimization.

Getting the US CRBA does not change anything for Thailand's requirements. If you ever want to stay here long term by getting a one year extension of stay based upon being the parent of Thai you will not get it unless your are the legal father under Thai law.

Good point. The decision has been made already that if I end up staying in Thailand, then the kid's mom and I will get married and the kids are "legitimized" that way. If we decide to relocate everybody to the US, then we'll go with the fiance visa since that is a quicker route than a marriage visa for US immigration purposes. That way we have both options available.

Link to comment
Share on other sites

Back to the original post. It must depend on the consulate/embassy you go to. I have two kids in Thailand and not married to their mom. Every year I am able to get a one year multi non-o based on the kids by just showing their birth certificate.

I'm not concerned about the Thai legalization as we have already gone through the process at the US Embassy, and both my kids received their CRBAs and US passports. Both also have my last name on the birth certificate, and I went to the Amphur both times to register them.

There may be a few places where you can get the multiple entry non-o visa but is official policy that you need to be the legal father of you child by way of legitimization.

Getting the US CRBA does not change anything for Thailand's requirements. If you ever want to stay here long term by getting a one year extension of stay based upon being the parent of Thai you will not get it unless your are the legal father under Thai law.

Good point. The decision has been made already that if I end up staying in Thailand, then the kid's mom and I will get married and the kids are "legitimized" that way. If we decide to relocate everybody to the US, then we'll go with the fiance visa since that is a quicker route than a marriage visa for US immigration purposes. That way we have both options available.

The fiance visa may not be the quickest way if you are staying here full time or for at least the last 6 months when the time comes. If married already you could file the I-130 at the USCIS office in Bangkok and possibly have her visa in 3 or 4 months.

Link to comment
Share on other sites

Back to the original post. It must depend on the consulate/embassy you go to. I have two kids in Thailand and not married to their mom. Every year I am able to get a one year multi non-o based on the kids by just showing their birth certificate.

I'm not concerned about the Thai legalization as we have already gone through the process at the US Embassy, and both my kids received their CRBAs and US passports. Both also have my last name on the birth certificate, and I went to the Amphur both times to register them.

There may be a few places where you can get the multiple entry non-o visa but is official policy that you need to be the legal father of you child by way of legitimization.

Getting the US CRBA does not change anything for Thailand's requirements. If you ever want to stay here long term by getting a one year extension of stay based upon being the parent of Thai you will not get it unless your are the legal father under Thai law.

Good point. The decision has been made already that if I end up staying in Thailand, then the kid's mom and I will get married and the kids are "legitimized" that way. If we decide to relocate everybody to the US, then we'll go with the fiance visa since that is a quicker route than a marriage visa for US immigration purposes. That way we have both options available.

The fiance visa may not be the quickest way if you are staying here full time or for at least the last 6 months when the time comes. If married already you could file the I-130 at the USCIS office in Bangkok and possibly have her visa in 3 or 4 months.

Thanks for the reminder. Unless my current schedule changes, I don't stay in Thailand long enough for the direct file. I'm back and forth between Thailand and the US every other month. Great for frequent flyer miles, lousy for the family. Thank god for Skype.

Link to comment
Share on other sites

I paid 20,000 but my daughter's mother was deceased so my case was a little different to those that have the child's mother to support their case.

For the actual work involved,20,000 is a fair price and I wouldn't recommend paying more as the court do most of the work.

Also, go with a lawyer who will accept half the fee up front and the balance when the court order is in your hand.

Link to comment
Share on other sites

I have just gone through the whole process to become the legal parent by Thai law to my 2 children. I am not married and have been with my long term Thai partner for about 9 years.

I contacted an International law firm in Bangkok to ask how much the process would cost me going through the court system, I was quoted around 85,000 baht for each child (not including additional fees for correspondence ect...) absolutely outrageous amount. So I decided to visit a few local law firms in my town, the first one had never done the process before so I moved onto the second law firm. They spoke limited English but that was not a problem as my Thai girlfriend translated anything myself or the lawyer could not understand. He quoted 20,000 baht for both children (10,000 baht per child). That was the price for everything from start to finish, no hidden charges.

The first step was for the lawyer to contact the local juvinille/family court where we had a meeting arranged to meet with the equivilant of a welfare/social worker. Myself, my girlfriend and my children had to attend along with my girlfriends mother. First my girlfriend and I were interviewed, they asked what employment I did in my home country, yearly income, how long I had been with my girlfriend ect ect.....they asked my children informally if I was their dad and a few other questions. After that my girlfriends mother who had been waiting outside was interviewed alone and was asked similar questions to what my girlfriend and I was asked. Everything matched up so that was fine. All in all we were there for about 2 hours in total.

Next we were given a court date which was about a month away. My girlfriend, children and I along with a close friend of my girlfriend who could vouch for us that we were telling the truth to the court attended court with my lawyer. The judge asked me around 20 questions relating to my income in my home country, where my children were born, dates of birth ect ect....no akward questions, asked my girlfriend the same questions and then her friend and that was it. About 3 weeks later the clerk of the court phoned my girlfriend to say the judged had approved and signed the relevant paper work and we collected it.

Last thing, with paper work signed by the judge in hand we went to our local amphur office, presented it to the lady at the desk, in less than 2 hours they had changed my son and daughters names by law to my surname on their birth certificates and various other bits of paper and I am now the recognized legal father of my 2 children by Thai law.

(P.S. my son who had just turned 7 years old AFTER the court case even got his first Thai I.D. card with my surname all in the same afternoon). The local amphur were very efficient and friendly. The whole process was painless and took about 2 months from start to finish.

My experience and situation was very similar to 'in transit'. I have been with my Thai other half for ten years, not married and we have two kids, one 6 years old and the other 8 months.

Both kids have my surname on their birth certificates. I posted my experience in the attached thread here a week or so ago:

http://www.thaivisa.com/forum/index.php?/topic/740594-Document-for-proof-of-parent.

It cost me 15,000 Baht for the lawyer and a few hundred baht for Court paperwork (we are in Phuket BTW). Then take the paperwork to the Ampur and they stamped and signed me off as 'legal father'. I believe it can be much easier if your child is 7 years old or more.

Best of luck with it. :-)

Sent from my GT-N7105 using Thaivisa Connect Thailand mobile app

Link to comment
Share on other sites

So what is the procedure to be the legal father when the child has turned 7 years ? Our situation is that we are married since 8 years and have two common children 5 & 6 y.o. they have my name on the birth certificate. Im on a retirement visa.

Link to comment
Share on other sites

So what is the procedure to be the legal father when the child has turned 7 years ? Our situation is that we are married since 8 years and have two common children 5 & 6 y.o. they have my name on the birth certificate. Im on a retirement visa.

If you are married to the mother, you are automatically the legal father.

Link to comment
Share on other sites

Yes he is my biological son, I am the father on the birth certificate. Strange that they would only offer 3 month visa for fathers huh, guess its not important for thai government that its citizens have a father around to support them. Ridiculous really.

Only having your name on birth certificate is NOT enough. I suggest you visit your consulate/ embassy and report birth abroad and complete some additional paperwork. I don't know what country you're from and I also don't know your age. As for me I was pleasantly surprised when I went to my consulate to report my daughters birth aboard and at the same time applied for social security in which I turned 62. Now, my daughter has a US passport and she gets more than $1,000 USD each month because she is under age and will be eligible for benefits until she's 18.

Again, don't know your exact situation but still suggest registering her birth with your country then you and your child are protected from someone else claiming your child in the event something were to happen to you.

Best of luck!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.






×
×
  • Create New...