Hello and thank you for taking time to read my post.

I am a US citizen living in Thailand for the past 5 years with my Thai GF and her two Thai children ages 7 and 8. I am on an ‘O’ visa retirement extension.

GF has full custody.

Both children have passports that were only obtained after we filed paper witnessed by a family friend stating my GF is the sole supporter for the children.

The biological father lived with the 8 year old until she was 6 months old. The 7 year old has never met him. We don’t know where the father is at this time.

The biological father’s name is on both children’s birth certificates. He and my GF were never married.

Is there any benefit to guardianship now, and or if my GF dies? What is the procedure?

Thanks in advance for any help.

Was your GF officially married to the father of her children? If not he will not have anymore rights then you. If your GF should pass away, then her parents would become the legal guardians. If their father choose to become the guardian and legally become the father he would need to go to court.

Guardianship means that you will take care of the children when the mother dies, till the children become of age. it doe not make you the legal father of the child, as an adoption would.

Best way to go around it is if your GF makes a will in which she states that she wants you to take care of the children in case anything happens to her. If the mother dies while the children are still a minor (under 20 years old in Thailand) a court will than most likely award you the care over the children and confirm you as the legal guardian.

Might I add a further question?

Similar as above but 8 year old kid lives since 5 years with me.
Although his mum doesn't live to far from us, she only sees him
if there is any thing with the school, every 3 months or so, when
I'm going out of the country or if there is an emergency.

As the boy's mum got raped 9 years ago, the boy has never met
and doesn't know his dad. He does have two "half" siblings but
they are both over 20, live up in Chiang Rai and don't have any
contact with the boy.

I am in Thailand since decades, have my "own" business, got
"Non-B" visa and work permit.

As MARIO2008 suggested, his mum made a will that if she dies,
she'd like me to be her son's legal guardian. Further more, she
did write a paper for me, saying that I am taking care of her son

(although I never needed it yet)

Question: Is there any way I can take this boy to Malaysia or
Laos when I go holiday?

Any other suggestions in how to make this boy's future more
secure?

Thank you TobiasML and Mario2008.

Adoption is something we would seriously consider, although I believe the road there can be cumbersome for a westerner adopting a Thai. I may be completely wrong on that. Any thoughts about adoption for our circumstances would be welcome.

Again, thank you for any input.

Might I add a further question?

Similar as above but 8 year old kid lives since 5 years with me.

Although his mum doesn't live to far from us, she only sees him

if there is any thing with the school, every 3 months or so, when

I'm going out of the country or if there is an emergency.

As the boy's mum got raped 9 years ago, the boy has never met

and doesn't know his dad. He does have two "half" siblings but

they are both over 20, live up in Chiang Rai and don't have any

contact with the boy.

I am in Thailand since decades, have my "own" business, got

"Non-B" visa and work permit.

As MARIO2008 suggested, his mum made a will that if she dies,

she'd like me to be her son's legal guardian. Further more, she

did write a paper for me, saying that I am taking care of her son

(although I never needed it yet)

Question: Is there any way I can take this boy to Malaysia or

Laos when I go holiday?

Any other suggestions in how to make this boy's future more

secure?

The mother should write a simple note declaring you the guardian of the child and specifically allowing you to travel with the child abroad, with a singed copy of her ID-card and maybe the birth certificate.

As you are single, adoption is not an option in your case only being the legal guardian of the child, which you already are.

A far fetched solution would be to marry the mother and in that way become the legal father of the child and next divorcing the mother and she gives you full parental right over the child.

Edit:

But first try to legitimize the child at the amphur, by going to the amphur with mother and child and all 3 of you simply stating you are the father of the child. In that case you would become the legal father of the child.

Guardianship means that you will take care of the children when the mother dies, till the children become of age. it doe not make you the legal father of the child, as an adoption would.

Best way to go around it is if your GF makes a will in which she states that she wants you to take care of the children in case anything happens to her. If the mother dies while the children are still a minor (under 20 years old in Thailand) a court will than most likely award you the care over the children and confirm you as the legal guardian.

Very true in my opinion... Doesn't matter what country, adoption is usually required.... And yes, wife's family usually takes control, and becomes the guardian.....

Thanks for your post!

I tickled the surface of legal adoption in Thailand 5 years ago. I gave up because the requirement was that I first find a UK lawyer in Thailand who would sign a letter for the British Embassy stating that I was a Thai resident and had given up my UK residence. Thai residence for that purpose was more onerous than the tax residence in Thailand criteria of 180 days I believe. I have only just got round to obtaining non-resident status for tax purposes in the UK and I am here pretty much full time now, so I would clearly now qualify if the rules remain similar. My de facto adopted daughter (an alternative name used by UK immigration for an unofficially adopted daughter who you have lived with and taken care of for 18 months plus) is 18 yo in 2 months time, but I may still go for it as she has never had a 'proper' father having been palmed off to my Thai MIL as a baby.

Sorry, that info is 5 years out of date and UK-specific. Start by calling your embassy in Bangkok and perhaps visiting the Thai Child Adoption agency (government department) in Bangkok. Embassy and immigration people are usually sensitive to the issue of children being adopted out of home country and then being brought into home country for automatic citizenship. I recall that even had I adopted our daughter in Thailand the UK would not have given her any passport/citizenship rights (I didn't want any).

There was a lot of info online if you put the research time in.

Duplicate

SantiSuk. Valuable information from personal experience. Thank you very much.