New Police Order and Step children

[thequietman]

Hi Guys,

 

When I married my wife, did I become the legal father of my 2 stepsons? Their biological fathers name is on their birth certs but my wife did not marry him legally. 

 

Thanks for any replies.  

[DrTuner]

Should be in Title II, Chapter I : http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1535 . Interesting question.

 

I think it has to do with this one: 

 

 

 

Section 1537. In case where the woman had made the new marriage and gave birth to a child within three hundred and ten days as from the day of termination of the marriage, the child shall be presumed to be the legitimate child of the new husband, and no presumption under Section 1536 saying that the child is the legitimate child of the former husband shall apply; provided that there is a judgment pronouncing that the child is not the legitimate child of the new husband.

 

I remember when I got married they checked that it was more than 310 days since my wife was last married. If it had been less, a pregnancy test would have to be made.

[paz]

Absolutely not.

[DrTuner]

Ok it was right there the first one:

 

 

 

Section 1536. A child born of a woman during wedlock or within three hudred and ten days after the termination of the marriage is presumed to be the legitamate child of the husband or the man whi used to be the husband, as the case may be.

 

So, I assume you married your wife more than 310 days after the births ?

[ubonjoe]

There is nothing in the police order that has changed anything in the situation you mentioned.

If you were able to adopt the children then you it could allow you to claim parenthood for an extension.

If you are still married to the children's mother it makes no difference anyway because you would not be able to get an extension as a parent .

For you them supporting you under the new police order that is still unknown as far as still being married goes. I would assume it would not be a problem.

 

[DrTuner]

And then there is this which I think the OP meant:

 

 

Section 1547. A child born of the parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by the registration made on application by the father, or by a judgment of the Court.

 

The name in the birth cert will raise a red flag here and it will go to legalization, of which a DNA test is a part of AFAIK. 

[thequietman]

Ok it was right there the first one:

 

 

 

Section 1536. A child born of a woman during wedlock or within three hudred and ten days after the termination of the marriage is presumed to be the legitamate child of the husband or the man whi used to be the husband, as the case may be.

 

So, I assume you married your wife more than 310 days after the births ?

 

You assume correctly sir.  The waster ran out on them 13 years ago. Amazing that I have raised them but still have to get out of dodge if my wife passes before me. Think I need a rethink about my plans when I am older. Cambo or Malaysia maybe. 

I wish other countries introduced a reciprocal agreement with Thailand.

 

"Ok, Thai man/woman, your spouse is brown bread so get out of the country you have been living in for 30 years."

 

"But my home is here, my step kids are here, what will I do, where will I go ?"

 

"Don't know and don't care. Out you go and yes, you have 15 days to get out. Byeeeeeeeeee."

 

Methinks the Thai government and immigration may change their tune then.

 

I live in hope............  

[rgs2001uk]

If over 50 why not just get a retirement visa?

[paz]

Ok it was right there the first one:

 

 

t

Section 1536. A child born of a woman during wedlock or within hree hudred and ten days after the termination of the marriage is presumed to be the legitamate child of the husband or the man whi used to be the husband, as the case may be.

 

So, I assume you married your wife more than 310 days after the births ?

 

Oh boy.

during wedlock or hundred and ten days after the termination

 

Sequence of events in order of time: marriage terminates ----> Child birth.

 

Now in the OP case, no childs were born in wedlock, and no marriage ever terminated.

 

At the moment, the childrens have no legal father. 

 

[DrTuner]

The waster ran out on them 13 years ago. Amazing that I have raised them but still have to get out of dodge if my wife passes before me.

I hear you. Got two stepdaughters myself and am trying to adopt them, in addition to having a son together with my wife. The adoption process is very complicated, even when I'm for all practical purposes their father and have been so for the last seven years. It's my son that's the ace in my sleeve if my wife passes, I can still stay and take care of my stepdaughters.

[DrTuner]

Sequence of events in order of time: marriage terminates ----> Child birth.

Yeah sorry I was referring to what the amphur told us, not to OP's case. Should have edited my first post and not made a new one.

 

If there were no name in the birth certificate at all, it might be possible to claim that you were the father. But I think they'll just point you to the legalization route.

[thequietman]

 

Ok it was right there the first one:

 

 

t

Section 1536. A child born of a woman during wedlock or within hree hudred and ten days after the termination of the marriage is presumed to be the legitamate child of the husband or the man whi used to be the husband, as the case may be.

 

So, I assume you married your wife more than 310 days after the births ?

 

Oh boy.

during wedlock or hundred and ten days after the termination

 

Sequence of events in order of time: marriage terminates ----> Child birth.

 

Now in the OP case, no childs were born in wedlock, and no marriage ever terminated.

 

At the moment, the childrens have no legal father. 

 

 

Ok, second stepson was born and dad skipped town 90 days later. There were never legally married. Lets say for the sake of argument that my wife and I met within 310 days of him leaving but we never married but were living together since then, then maybe........................

 

I would love to give at least one of them an additional passport to have some opportunities outside Thailand.

[paz]

Ok, second stepson was born and dad skipped town 90 days later. There were never legally married. Lets say for the sake of argument that my wife and I met within 310 days of him leaving but we never married but were living together since then, then maybe........................
 
I would love to give at least one of them an additional passport to have some opportunities outside Thailand.

Again: the 310 day clause is about births after termination of marriage. Not about births out of wedlock (being married).

You cannot realistically claim the kids as yours, because there's somebody else on their birth certificate, and (I suppose) you weren't in Thailand at the time they were conceived, while the mother was. 

 

 

[ubonjoe]

Immigration does have some compassion and flexibility by way of special circumstance for granting extensions.

Clause 2.18 has this "For other necessary cases, the Commissioner or Deputy Commissioner of Immigration Bureau is granted the authority to make decisions regarding approval on a case-by-case basis."

And at the beginning of the order this.

"5. In the case where an alien applicant does not meet the full qualifications stipulated by the criteria herein or in other cases not specified in this Order but a competent officer equivalent to or higher than inspector is of the opinion that the alien has legitimate reason for staying in the Kingdom of Thailand, the application shall be forwarded to the Commander of the Royal Thai Police or an authorized competent officer for further consideration of the alien's application."

They have even changed the form that you sign when you apply the extension that now states that your extension does not go away when your wife dies.