Thai Citizenship for new-born baby

[Rose William]

Hello Everyone!

I am non-thai ( legal alien ) and I married with Thai man. I am gonna deliver my baby in next month. We didn't register for our marriage. Can my baby get Thai Nationality in future ? And please do let me know the official baby registeration procedure in steps by stepes. Really thanks for your wise answers. I am in trouble with that.

[paz]

For the child to have Thai nationality you will have to register you marriage in Thailand. If you don't do that you and your child will encounter serious issues in dealing with any legal aspect in country, because your baby will be considered a foreign person, even with a Thai father name is on the birth certificate.

For more information just search "register marriage" in this forum.

Edited August 26, 2014 by paz

[Maestro]

If one of the parents is a Thai national, the child acquires Thai nationality by birth, regardless whether the parents are married to each other, regardless where in the world the child is born.

[Maestro]

From the Nationality Act:

Section 7.

The following persons acquire Thai nationality by birth:

(1) A person born of a father or a mother of Thai nationality, whether within or

outside the Thai Kingdom;

(2) A person born within the Thai Kingdom except the person under Section 7

bis paragraph one.

“Father” in (1) means also a person having been proved, in conformity with the

Ministerial Regulation, that he is a biological father of the person even though he did not

register marriage with the mother of the person or did not do a registration of legitimate

child.

Paz may be remembering the Nationality Act from the time before the amendments of 1992 and 2008 were made.

[Maestro]

Ideally, the Thai father should accompany you to the District Office (amphoe) for the child's birth registration, with his Thai ID card and his house registration book, to identify himself as a Thai national and to have his name recorded on the birth certificate, together with yours, as one of the parents who reported the birth and to get the child's name added to the house registration book.

[paz]

Paz may be remembering the Nationality Act from the time before the amendments of 1992 and 2008 were made.

Not that, my concern is related to the actual way in which paternity for a child born out of wedlock is legally recognized.

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

From that my suggestions that if the marriages exist, registering it in Thailand may be the easier way.

Then if the Thai father is able to register the baby at the Amphur with just his name on the birth certificate, that would be a solution as well.

[MobileContent]

For the child to have Thai nationality you will have to register you marriage in Thailand. If you don't do that you and your child will encounter serious issues in dealing with any legal aspect in country, because your baby will be considered a foreign person, even with a Thai father name is on the birth certificate.

For more information just search "register marriage" in this forum.

This is not correct as far as I know

[paz]

For the child to have Thai nationality you will have to register you marriage in Thailand. If you don't do that you and your child will encounter serious issues in dealing with any legal aspect in country, because your baby will be considered a foreign person, even with a Thai father name is on the birth certificate.

For more information just search "register marriage" in this forum.

This is not correct as far as I know

Then you should bring the matter to mod. Mario2008 about the following pinned thread:

The Thai law gives 3 possibilities to become the legal father of a child:

1. When the mother and father marry after the birth of the child, the father becomes automatically the legal father of the child.

2. The father asks to be registered as the legal father at the amphur. For this two criteria has to be met. The first one is that the mother has to agree. The second one is that the child also has to agree. However, the law doesn't give an age at which the child can give consent. Most amphurs will accept the consent of the child when it is at least 7 years old, but some amphurs seem willing to accept the consent of a child when a child is as young as 3 years old.Taking a respected local person with you might increase your chance on registration at an early age.

There might be amphurs that will accept a registration of the father as the legal father when the father and mother appear at the amphur together to register the birth of the child and ask at the same time that the father be registered as the legal father. It is not according to the law.

3. The father petitions the court to become the legal father of the child. This is the only option that can be used when the child is too young or the mother or child don't consent to the legitimization. If the mother does consent, it is a relatively simply process, a longer one if the mother doesn't agree.

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

[Maestro]

I see it's not quite as simple as I thought. For the unmarried father to prove his Thai nationality is the easy part but if the District Office asks for the court ruling documenting his paternity, as it should under the law, it will take some time, and expense, and possibly delay the child's birth registration as a Thai national, or would the office just go ahead and register the child with the mother's nationality?

[ubonjoe]

Mario's post is about a non Thai father it is not the same when the father is Thai.

[paz]

Mario's post is about a non Thai father it is not the same when the father is Thai.

I think that the law is the same for Thai or foreign fathers. The relevant sections are CCC 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.

And 1555 comma 2 and 3

An action for legitimation may be entered only in the following cases:

2 Where there is a document emanation from the father and acknowledging the child as his own;

3 Where it appears in the birth register that the child is a son or daughter of the man who notified of the birth, or such notification was made with the knowledge of the man;

Again, I think that if the Thai father can get the Ampohe to register the baby directly without further bureaucracy that would be good and great, otherwise the parents will have to either register their marriage in Thailand, or legalize the baby by court action.

Also see Siam legal article on the matter. Note that a newborn cannot express the required consent, so that it's impossible to proceed via section 1548. http://www.siam-legal.com/legal_services/Legitimation-of-a-Child-in-Thailand.php

Edited August 27, 2014 by paz

[ubonjoe]

Legitimization is not required for a child to be Thai. That only comes into play for other legalities later.

[Mario2008]

Technically the father must be established in order to determine if the child has Thai nationality through the father. In practise it doesn't matter and the registration by the Thai father is enough without legitimising the child.

[Maestro]

I suspected as much when I wrote my second post, but then suddenly I wasn't so sure anymore. There seems to be a risk of abuse, eg using a nominee Thai father for a foreign woman's child whose biological father is not a Thai national, though I'm no sure in what situation this would benefit either the child or the foreign mother.

[paz]

It would benefit the mother if she is looking for a reason to stay in country with the possibility of be working.

But I think the Amphoe is doing the right thing registering paternity without further complication.