How can I get Thai citizenship/nationality/passport?

[savannah20]

My son was born in Phuket in 1987. The laws were different then so he actually has a birth certificate issued by the hospital but in the box for Nationality it says "Not entitled to Thai citizenship". I believe I need to go back to Phuket Amphoe and get a new or amended birth certificate since under current laws he is entitled to Thai citizenship because his mom is Thai.

I have been to a couple of Amphoe offices in Khon Kaen and called the American Consulate in Los Angeles and while no one confidently stated the process required it seems it will need to be done where he was born. Everyone said the first ID card must be issued in the province the child was born in.

Has anyone been down this road?

Thanks

Dave in KK

ps: He also has a birth certificate from the US Embassy in Bangkok. Report of Birth Abroad which states he was born in Phuket in 1987.

Edited May 6, 2016 by savannah20

[ubonjoe]

The first step is for him to be regestered in a blue house book to get a Thai ID number. After that is done he can get a Thai ID card and passport.

[savannah20]

He is not Thai so he cannot be registered in a blue book.

My question is asking if anyone has been able to get a new or modified birth certificate to replace one that states "Not entitled to Thai citizenship".

Thanks in advance and all replies are appreciated.

Dave in KK

[BritTim]

If he was born of a Thai mother, and has a Thai birth certificate to prove that, then he is Thai. There is no need for an amended birth certificate. The officials at the amphoe should be well aware that later law changes override the box in the birth certificate that state he is not Thai.

[ubonjoe]

He is not Thai so he cannot be registered in a blue book.

My question is asking if anyone has been able to get a new or modified birth certificate to replace one that states "Not entitled to Thai citizenship".

Thanks in advance and all replies are appreciated.

Dave in KK

I suggest you go this topic and download the nationalality act that is number 40 on the list. http://www.thaivisa.com/forum/index.php?/topic/3139-Useful-Immigration-Information-&-Visa-Descriptions

[Maestro]

We know that the OP is younger than 30 years but we do not know his date of birth.

Until 8 February 1992, a child born outside Thailand of an alien father and a Thai mother did not acquire Thai citizenship at birth.

On 9 February 1992, the Immigration Act (No. 2) was promulgated and included the following provisions:

...

Section 4. The provisions of Section 7 of the Nationality Act, B.E. 2508

shall be repealed and replaced by the followings :

"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

...

Section 10. The provisions of Section 7 (1) of the nationality Act, B.E.

2508 as amended by this Act shall also apply to the person who was born before the

date of enforcement of this Act.

...

Nationality Act 2-2535 (1992) - English - unhcr.pdf

Therefore, a person born outside Thailand to an alien father and a Thai mother is a Thai national despite the fact that his birth certificate has the statement "Not entitled to Thai citizenship". That statement is invalidated and superseded by Sections 4 and 10 of the Nationality Act (No. 2) of B.E. 2535. No amendment of the birth certificate or issuance of a new birth certificate is needed to assert the right to a Thai ID card as a Thai citizen and to a Thai passport.

If a district office is not familiar with the procedures in such a case, the Department of Provincial Administration (DOPA) or the government hotline 1111 should be contacted and the relevant government agency will give guidance to the district office.

[Maestro]

This page on the website of the DOPA appears to have useful information, in Thai, on this subject:

http://www.bora.dopa.go.th/nationclinic/

[Maestro]

This powerpoint presentation, in Thai, illustrates the changes that took effect in 1992:

http://www.thaivisa.com/forum/index.php?app=core&module=attach&section=attach&attach_id=112385

[FritsSikkink]

I think the issue may be your age. I remember hearing something about dual nationalities needing to declare one or the other. Through no fault of your own you never had the choice to choose and are now over 18 have never served in the Thai military and hold a us passport.

there is no issue

[FritsSikkink]

He is not Thai so he cannot be registered in a blue book.

My question is asking if anyone has been able to get a new or modified birth certificate to replace one that states "Not entitled to Thai citizenship".

Thanks in advance and all replies are appreciated.

Dave in KK

he is Thai

[Maestro]

Removed a nonsensical post.

[savannah20]

Thanks for all the input, links and comments. This really helps.

Dave in KK