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anyone managed to change stepchild's name without adoption?


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Posted

Sorry for the cryptic title. But my Thai wife, who has my farang surname, has just been told by her local amphoe that her stepson cannot take her/my name without going all the way through adoption, which some of you may know is a real pain in the botham.

So does anyone out there have any good news: have any of you fellow farang managed (in relatively recent times) to change a stepchild's name to yours without jumping through hoops? I'm told it is legal and in fact the amphoe is not entitled to refuse, but that's only lawyer-talk.

Any success stories would cheer us up (my son's really depressed right now...).

Posted (edited)

Edit: I have a family member that did similar (not stepchild) for herself and 4 year old child in 2009.

Over 20 years ago when this family member was only a child her mother and father decided to change the entire family's last name to the farang last name of her aunt that lived in the US and through starting them businesses and sending back money supported everyone. This was her father's way of honoring his older sister.

Well this women in US by 2009 had been remarried for 17 years with a different last name. My cousin who knows the story and why they have that name decided she wants the new name of her aunt for her and her child. They did this with a letter from village head to district office saying father wasn't around and they had never married. For changing her and her 4 year old son's last name it was a very easy process.

Edited by jimky
Posted

My Thai wife took after surname when we married in Australia. She then officially changed her name in Thailand AND registered our marriage here in LOS.

Her 2 children use my name and are known by that name at school however they are registered and 'officially' known by their fathers surname.

Adoption is the way apparently but no good for mum so after a short discussion decided against it.

The kids can change their surnames themselves when they are old enough (18?) as I believe.

  • Like 1
Posted

The amphur is right. Without adoption the child cannot get your last name.

Legally a Thai national cannot have a foreign name (the name must have a meaning in Thai), exept in the case of being married to a foreigner in which case the spouse can take the foreign last name.

You could contact dopa www.dopa.go.th and get more info. They are the government department that deals with registration at the amphurs.

Posted

The amphur is right. Without adoption the child cannot get your last name.

Legally a Thai national cannot have a foreign name (the name must have a meaning in Thai), exept in the case of being married to a foreigner in which case the spouse can take the foreign last name.

You could contact dopa www.dopa.go.th and get more info. They are the government department that deals with registration at the amphurs.

Thanks Mario - although it's bad news. Seems like the lawyer was talking nonsense. He told me: "The Amphur will have to change it because your stepson has the right to use his mother's surname (does not have to be the maiden name), they cannot refuse if you have the correct paper work."

Must point out, this was a response from the lawyer doing the stuff on thaivisa's legal pages............... Makes you wonder.

Anyway, thanks for your input.

  • Like 1
Posted

My Thai wife took after surname when we married in Australia. She then officially changed her name in Thailand AND registered our marriage here in LOS.

Her 2 children use my name and are known by that name at school however they are registered and 'officially' known by their fathers surname.

Adoption is the way apparently but no good for mum so after a short discussion decided against it.

The kids can change their surnames themselves when they are old enough (18?) as I believe.

My stepson considered changing his surname to match his mother and me, but after some discussion decided that, if he wanted to continue to live and work in Thailand he would be better with a Thai surname, so he got rid of his father's surname for a new one!

  • Like 1
Posted

Yes, the mother can change the name. However , if the child has the fathers name on the birth certificate. She must first have him removed from the birth certificate as a rightful caregiver. My stepdaughter had a son. She changed his last name to her name. Since your wife's name is the same as yours then the child would take her name. You would need to be sure the father had not been around for sometime, otherwise he would need to sign papers. There is no reason why a mother cannot request the same last name as her child. You should ask around a bit.

Posted

Yes, the mother can change the name. However , if the child has the fathers name on the birth certificate. She must first have him removed from the birth certificate as a rightful caregiver. My stepdaughter had a son. She changed his last name to her name. Since your wife's name is the same as yours then the child would take her name. You would need to be sure the father had not been around for sometime, otherwise he would need to sign papers. There is no reason why a mother cannot request the same last name as her child. You should ask around a bit.

Thanks but you say: "There is no reason why a mother cannot request the same last name as her child." That's what we thought but the amphoe says 'no'! TIT

However, "She must first have him [the father] removed from the birth certificate as a rightful caregiver" is interesting. Is that possible? The father named in the papers was never married to her and never took care of the son, so I thought he didn't matter. Can the birth paper be changed to get him off it (so leaving the 'father' bit blank, I suppose)?

Posted

Yes, the mother can change the name. However , if the child has the fathers name on the birth certificate. She must first have him removed from the birth certificate as a rightful caregiver. My stepdaughter had a son. She changed his last name to her name. Since your wife's name is the same as yours then the child would take her name. You would need to be sure the father had not been around for sometime, otherwise he would need to sign papers. There is no reason why a mother cannot request the same last name as her child. You should ask around a bit.

Thanks but you say: "There is no reason why a mother cannot request the same last name as her child." That's what we thought but the amphoe says 'no'! TIT

However, "She must first have him [the father] removed from the birth certificate as a rightful caregiver" is interesting. Is that possible? The father named in the papers was never married to her and never took care of the son, so I thought he didn't matter. Can the birth paper be changed to get him off it (so leaving the 'father' bit blank, I suppose)?

I am not at home right now but, this has been raised as my child.

I will check the birth cert when I get home. I think the name stays on but you get another piece of paper with the new name. Her parents must sign that they agree to the name change. Many times at the umpur you will get 6 different answers from 6 different people all claiming to be legal experts in their field.

Just look around a bit and listen to a few different people. When you have all the ducks in a row, go back with a lawyer in tow. Let me talk to my stepdaughter.

Posted

Yes, the mother can change the name. However , if the child has the fathers name on the birth certificate. She must first have him removed from the birth certificate as a rightful caregiver. My stepdaughter had a son. She changed his last name to her name. Since your wife's name is the same as yours then the child would take her name. You would need to be sure the father had not been around for sometime, otherwise he would need to sign papers. There is no reason why a mother cannot request the same last name as her child. You should ask around a bit.

being named on the birth certificate does not mean that you are a legal caregiver. It means that the perosn doing the reporting of the birth claims that you are the father.

Only when married will the law automatically presume the husband is the father. Not married it only is a claim and saying that the pope is the father does not menas he is legally the father and he must pay child support.

Posted

My Thai wife took after surname when we married in Australia. She then officially changed her name in Thailand AND registered our marriage here in LOS.

Her 2 children use my name and are known by that name at school however they are registered and 'officially' known by their fathers surname.

Adoption is the way apparently but no good for mum so after a short discussion decided against it.

The kids can change their surnames themselves when they are old enough (18?) as I believe.

Adoption is the way apparently but no good for mum

That's putting it mildly if my recent experience at the Thai Adoption Centre (TAC) in Bangkok is anything to go by.

I am a British man retired here for 16 years. My wife and I have been married for four years and together for 14. Between us we have raised her four children by a previous relationship and a daughter of our own who is now seven.

I wish to adopt my stepdaughter, who is 15, and my wife, who has already changed her name to mine, is keen for this to happen - or was until we were told by the TAC social worker handling our case that if we were successful with our application, I would have total control over my daughter and her future and my wife would have none!

Our subsequent enquiries (including on Thai Visa Forum) confirmed this extraordinary situation, which I still find hard to understand, since it seems to play into the hands of unscrupulous individuals looking to exploit the children of their Thai partners - the very thing that the TAC route to adoption is supposed to prevent!

Before they would even agree to look at our paperwork, the adoption centre insisted on me providing a letter from the British Embassy in Bangkok, stating I was a suitable person to adopt a Thai child. To get this, they said, I would need to swear an affidavit in front of a lawyer. I didn't really understand what this process was meant to achieve (since it seemed to be simply a question of me guaranteeing my own suitability!) until we consulted the lawyer whose contact details, conveniently were provided by the adoption centre.

It took ten minutes for the lawyer to hear our story, disappear into a back office and return with a piece of paper containing six lines of typescript, for which I was charged nearly 8,000 baht. But it was the content rather than the exorbitant cost, which made me blink. It said nothing of my suitability to adopt, only that I was able to confirm that I was not "habitually resident" in the UK - and, further, that I understood what habitually resident meant in terms of the Hague Convention on adoption.

The adoption centre had already told me that our adoption would be recognised in Thailand only, not internationally, and that, consequently, we would not have to go through the Hague Convention procedure (which apparently is incredibly lengthy, laborious and costly - hence our decision to initially go for a domestic, rather than inter-country, adoption and try for dual nationality for our daughter later.

However, the affidavit I was asked to sign in order to get the obligatory Embassy letter amounted to a Catch 22.

While enabling me to proceed with a domestic adoption, in practical terms it would make getting British, as well as Thai, citizenship for my adopted daughter impossible. Why? Because a clause in the latest rules governing British citizenship for foreign stepchildren specifically state that the potential adoptive parent must be "habitually resident" in the UK (definitely arguable in cases like mine) and (wait for it) resident in the UK at the time of the adoption.

In other words, despite having raised my stepdaughter for 12 years, I cannot make her my "real" daughter without first returning to the UK and somehow persuading the UK immigration authorities that the country where I was born, raised, spent 60 years, vote in governments and pay taxes on my pensions is indeed my country of habitual residence.

If I am not a resident of the UK, then where AM I a resident? Certainly not, I would argue, in Thailand where even after 16 years of almost continuous residency, I am still officially an alien and treated by immigration as a guest whose one-year non-immigrant visa can be revoked at any time, forcing me to leave the country.

Whatever, one wonders, happened to the concept of domicile, which habitual residency seems to have replaced for the morally debatable purpose of keeping "undesirables" like my elder daughter (a highly-intelligent, well-educated girl who speaks two languages and whose ambition, ironically, is to be an ambassador when she grows up) out of the UK.?

They say the law is an ass. Certainly, this seems to be the case when it comes to adopting a foreign stepchild as a British citizen

I never provided the Embassy with legally notarised affidavit they said they needed and our adoption plans are temporarily on ice. . Meanwhile, It would be interesting to hear the experiences of others who may find themselves caught in this "eligibility trap".

  • Like 1
Posted

My Thai wife took after surname when we married in Australia. She then officially changed her name in Thailand AND registered our marriage here in LOS.

Her 2 children use my name and are known by that name at school however they are registered and 'officially' known by their fathers surname.

Adoption is the way apparently but no good for mum so after a short discussion decided against it.

The kids can change their surnames themselves when they are old enough (18?) as I believe.

I quoted Avander because his answer is the best I see here?

First, a clarification? I believe you mis-wrote? The kid is not your wife step-son right?

Second, the answers relating to the U.S. or any western country is not relevant to your situation because the kid is Thai and living here you should do it the right way.

Adoption is really the way to go and I've done it and it is not as hard as one might think it depends on the situation. If the father is dead, then it is much easier. Many Thai mothers who are with farangs opts not to tell the exact reason because they already know if the father is alive they will not opt for the release, although we know they have already abandon their children, they basically will do it if you make a agree pay out to him. This, call it what you want.

In the case of the father being dead, all you need to do is get and verify the death by getting his death certificate. If he is alive the usual trouble comes from the adoption is the father will not sign off and if he can't be notified then you must go through some legal hoops to place legal noticed.

If you are living in Thailand and plan to stay etc... then you should have it done here, the Thai government will do it for you for free! Right now I do not have the address, but in Bangkok, near the Monument there are a number of roads one of these roads contain a number of Government offices. I only know it by memory, there is a government adoption agency. All the ladies that work inside I have come across are the best English speaking government workers I have ever come across in Thailand. All you got to do is make a appointment for a consultation and you can go from there.

I started the process myself and as always some Thai thru another Thai say they speak English have a friend. Paid them only to find out they knew nothing but to make some money was using me to learn the process. Whoever does the adoption they must deal with this agency and that is how I found out because the agency called me one day and ask why I had hired this guy. I took their advice and let him go and thereafter everything went much faster and smoother. I took a year! But there are certain requirements.

At the final interview, I noticed many foreigners who were adopting Thai children to live abroad.

My personal thought is it is great that he or she has you last name but if you plan to live and stay in Thailand and they end up working especially for the government. You should make it clear that it is no problem for you to have them change it back maybe to the mother maiden name. They will not go far being Thai using a falang name especially in government. Someone can or will disagree, that is my opinion. and another subject for discussion not here or now.

If interest send me a PM and I will see if there is a address on the adoption papers I have.

Good luck.

Posted

thailand 49: thannks for participating but

"My personal thought is it is great that he or she has you last name but if you plan to live and stay in Thailand and they end up working especially for the government. You should make it clear that it is no problem for you to have them change it back maybe to the mother maiden name. They will not go far being Thai using a falang name especially in government. Someone can or will disagree, that is my opinion. and another subject for discussion not here or now."

The whole thing is to get him OUT of Thailand, which is all he wants to do. Who the h##l would want to stay and work here???????? He can make a career outside of this 'country'. And he wants me to help him. He's not stupid. He's mildly amused by the concept of wanting to work in "Thai government" - whatever that might be. But he just wants to join the rest of the world and he can't do that with a Thai name. I am only still here in order to try to help him, otherwise I would be galaxies away from here............. And probably that's just why the Thais are being so obstructive.

  • Like 1
Posted

Calm down??????

If you are lost in all due respect if you want others not to speculate then provide more information to your situation. First you got it wrong that stepson is your wife. Second, you provide no information as to the age of your so call stepson since you say he is not stupid therefore our impression from your statement he is no longer a child? Your post provides the reading with nothing but generalization and speculate which is what I did.

So here is my final answer to you! And you are on the right track in terms of how you are thinking. No one here is going to give you the right answer or time frame to do what you want. Based on your situation and quoting you " lawyer talk " changing the name at the amphur you are at a impass because from my own experience you got one of those half as 100% Thai lawyer that your wife maybe recommended through a friend of a friend.

If opportunity is your goal.. then forget the kid having your last name... just get him out and worry about it later! even if the last name is a mile long! Opportunity in the west has no damn thing to do with opportunity unless his name Bill Gates etc... and if that was the case you wouldn't be asking for FREE advice and getting upset over it!

Your first and foremost efforts if you have to change his name to get a visa out... then get a REAL LAWYER I have one in Bangkok, located across the road from the US Embassy, She and her brother are 100% Thai born and raised school in Las Vegas and San Francisco and speak perfect English. They can give you the answer you are looking for and if the answer is not good they can suggest how to go about getting your stepson the opportunity. Worth every baht and it is not as expensive as one thinks, you will have peace of mind and just pick up your paperwork and leave!

Good luck,,, doing things in Thailand can and will frustrate you it did me so relax and get a cold one!

Posted

Calm down??????

If you are lost in all due respect if you want others not to speculate then provide more information to your situation. First you got it wrong that stepson is your wife. Second, you provide no information as to the age of your so call stepson since you say he is not stupid therefore our impression from your statement he is no longer a child? Your post provides the reading with nothing but generalization and speculate which is what I did.

So here is my final answer to you! And you are on the right track in terms of how you are thinking. No one here is going to give you the right answer or time frame to do what you want. Based on your situation and quoting you " lawyer talk " changing the name at the amphur you are at a impass because from my own experience you got one of those half as 100% Thai lawyer that your wife maybe recommended through a friend of a friend.

If opportunity is your goal.. then forget the kid having your last name... just get him out and worry about it later! even if the last name is a mile long! Opportunity in the west has no damn thing to do with opportunity unless his name Bill Gates etc... and if that was the case you wouldn't be asking for FREE advice and getting upset over it!

Your first and foremost efforts if you have to change his name to get a visa out... then get a REAL LAWYER I have one in Bangkok, located across the road from the US Embassy, She and her brother are 100% Thai born and raised school in Las Vegas and San Francisco and speak perfect English. They can give you the answer you are looking for and if the answer is not good they can suggest how to go about getting your stepson the opportunity. Worth every baht and it is not as expensive as one thinks, you will have peace of mind and just pick up your paperwork and leave!

Good luck,,, doing things in Thailand can and will frustrate you it did me so relax and get a cold one!

So who are you ('calm down')?

I asked a simple question (in case it's too much for you: 'anyone managed to change stepchild's name without adoption'). You jump in with the usual TV crip about what I should be telling you/doing/paying. Can't answer the question? Then why not just wind your neck in?

FYI:

1. I did not 'got it wrong that stepson is your wife'. Is English not your first language?

2. what the *ell has the US got to do with this?

3. if you haven't anything useful to contribute, why not go back to your 'paediatric' studies like all the other timewasters?

NB - to anyone who contributed anything of any use/value to this thread, thanks.

Posted (edited)

Calm down??????

If you are lost in all due respect if you want others not to speculate then provide more information to your situation. First you got it wrong that stepson is your wife. Second, you provide no information as to the age of your so call stepson since you say he is not stupid therefore our impression from your statement he is no longer a child? Your post provides the reading with nothing but generalization and speculate which is what I did.

So here is my final answer to you! And you are on the right track in terms of how you are thinking. No one here is going to give you the right answer or time frame to do what you want. Based on your situation and quoting you " lawyer talk " changing the name at the amphur you are at a impass because from my own experience you got one of those half as 100% Thai lawyer that your wife maybe recommended through a friend of a friend.

If opportunity is your goal.. then forget the kid having your last name... just get him out and worry about it later! even if the last name is a mile long! Opportunity in the west has no damn thing to do with opportunity unless his name Bill Gates etc... and if that was the case you wouldn't be asking for FREE advice and getting upset over it!

Your first and foremost efforts if you have to change his name to get a visa out... then get a REAL LAWYER I have one in Bangkok, located across the road from the US Embassy, She and her brother are 100% Thai born and raised school in Las Vegas and San Francisco and speak perfect English. They can give you the answer you are looking for and if the answer is not good they can suggest how to go about getting your stepson the opportunity. Worth every baht and it is not as expensive as one thinks, you will have peace of mind and just pick up your paperwork and leave!

Good luck,,, doing things in Thailand can and will frustrate you it did me so relax and get a cold one!

So who are you ('calm down')?

I asked a simple question (in case it's too much for you: 'anyone managed to change stepchild's name without adoption'). You jump in with the usual TV crip about what I should be telling you/doing/paying. Can't answer the question? Then why not just wind your neck in?

FYI:

1. I did not 'got it wrong that stepson is your wife'. Is English not your first language?

2. what the *ell has the US got to do with this?

3. if you haven't anything useful to contribute, why not go back to your 'paediatric' studies like all the other timewasters?

NB - to anyone who contributed anything of any use/value to this thread, thanks.

Personally, I can see why you have the problems you have from your response! and why only a few people bother to respond! You are one of those guys who are too lazy to do the work yourself too cheap to spend the money to get it done want someone to hold you hand through the process. So if you do not hear it exactly the way you want from people who are actually trying to help, you basically snap! with your stupid responses.

You have very little comprehension as to what you post? You did ask a question but provide very little information that results in not only me but other to speculate to your situation.

You wrote " " her local amphoe that her STEPSON " No where in your post do you identify where you are from and whether you want to live in Thailand or abroad in your own country. The US might not have anything to do with you situation but every country has different rules. In the end, you provide very little information so I and others speculate to try to answer your question. Someone told you it can be legally done but " that is only lawyer talk " While you beat yourself up trying to get it done for free... the clock is running on you... so if you really want to get it done and fast before you get a stroke hire a lawyer instead of Thaivisa!

When you calm down go back and read your original post! Meantime for your own peace of mind you will not hear further from me since there is nothing I could actually contribute to your simple question that could get it done for you other than someone holding your hand and doing it for you which I speculate is what you want. Personally I would hate to see anyone be married to you especially a Thai and feel sorry for the kid too that they both have to live with such a stubborn hot head. I bet you still having done a damn thing except being angry and hoping someone holds your dick through it!

Personally you don't deserve this but Good luck!

Edited by thailand49
  • 6 years later...
Posted

Apologies for resurrecting an old thead but I am in a slightly different situation

My wife lives in Thailand with her child (my step-daughter). The daughters father is Farang but has not had any contact with her and I have been supporting the family. We do not have any intention of living in the UK as I am close to retirement and we're building a house in Issan.

So the question is, if I were to adopt my step-daughter, is it possible/easier as the birth certificate has a Farang father rather than Thai father ?

 

 

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