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How to Claim Citizenship via Ancestry (except there is issue with birth cert..)

Featured Replies

Hi,

Just wondering if there is any possibility (and success rate) with claiming Thai citizenship via descent when:

1. Birth Cert issued states "non-Thai" - not sure why, as birth mother is listed as Thai, but I've been told that back in the days the child is alwasy registered in the dad's nationality, so if father is foreigner, then child is also foreigner (but if this is the case, then how come so many other kids with 1 Thai parent and 1 foreign parent has managed to obtain their Thai citizenship????)

2. Citizenship via descent is through birth mother's side, however mother is unknown (not sure what happened - just upped and left after popping me out)

3. Father is a foreigner

4. Tabien baan also states "non-Thai" - presumably because the birth cert states this as well.

From what I can gather, these are the steps to take:

1. Return to Amphur offices where my birth cert is re-issued and obtain a corrected version

2. Once updated/corrected birth cert issued, apply for/obtain the modern tabien baan (blue-book) with the status updated

3. Apply for National ID

Not sure if the above is the correct way to go about it? I have researched all over the net and googled till my fingers are exhausted, but to no avail, any info/help would be much appreciated!!!

You are Thai when one of your parents at the time of your birth was a Thai national.

The birth certificate as it is will be inconvenient. You will have to proof who your mother was and that she was a Thai national. If you know who your mother was/is you can proof that through DNA if necessary, even through a family member of your mothers side.

Proof your mother's Thai nationality and you are considered Thai.

  • Author

Hello Mario,

Thank you for the info. I'll resign myself to never getting my Thai ID - sent my step-mum's (also Thai) relatives to locate birth mother, but she's no longer at the address that she was registered at at the time of my birth. Locating her is not really an option as she left me at birth, so... yeah a bit awkward and not the preferred route.. thanks anyway. :)

The mods may regard this post as against the rules, but I consider it helpful and morally right. This is a time to research the best lawyer to handle your problem. You are morally entitled to Thai nationality, but will probably need a lawyer with contacts who can grease the wheels a bit to actually make it happen. Usually, corruption in Thailand is damaging,, but sometimes its presence can be helpful in correcting an unfair situation.

I understand it is difficult, but another family member in combination with a DNA test might do. It would be strange if the birth certificate really says that the mother is unknown. But if I understand you right she is on the birth certificate as a Thai national, that means you are per definition a Thai national and the birth certificate incorrect under the current law.

  • Author

Hi BritTim,

TA, I've sussed out a lawyer, however everyone I've spoken to (mainly my step-mums Thai friends) all advise to go to a lawyer as the last option because they may give you the run around and charge you exorbitant fees. I'm keeping in contact with the lawyer though, so will definitely call on them if need be :)

Hi Mario2008,

To clarify, the details of my birth mum IS listed on the certificate, but she's unknown to me (as she left me with my dad after birth) - sorry, should have been a bit clearer in my original post.

Anyways, dad worked in mining and had extended his annual leave to arrange travel documents, and she upped and left. His annual leave was exhausted and he didn't want to leave me in the country with strangers (birth-mother's side of the family, considering she'd just upped and left a kid she gave birth to, I suppose I can see his point of view).

I have the house she's registered to listed on the birth certificate too, however, she's no longer there, there's no relatives in the area, and nobody seems to know her... it's all a bit strange. Anyway, I've had an awesome (step) mum whom I refer to as "mum" as she's all I've ever known, her family accepts me as their own, even though I'm not a blood relative, and I've really developed a connection to the muban she is from.

It was she who suggested that I go back to my roots and have my heritage (legally) recognised - we just didn't know it was this complicated!

If you have your mother's Thai ID number an Amphoe can check their database to find out where she is registered now.

What is written on the birth certificate should not make that much difference as long as it shows you mother is Thai.

I think the house book registry may mean that your father was non Thai,

I think you just need to put a bit more effort to get on a house book and the get a Thai ID card.

With your mother identified as a Thai person on the birth certificate you are Thai. The most important thing, the Thai birth certificate, you already have.

The problem you now might run into is proofing that you are who you say you are, but all depends on the amphur in question.

It is now a question of turning up at the amphur and asking to be registered on a blue tabien baan and applying for a Thai ID-card. Take someone with you who can vouch that you are who you claim to be and take it from there.

You can also contact the informaiton line of the department of provincial administration: www.dopa.go.th They also have a lot of information on their website, but in Thai.

I am guessing you were born between 1972 and 1992. If so, the reason your birth certificate and tabian baan say non-Thai is that according to the Thai laws in effect at the time, children born of a Thai mother and foreign father did not have Thai nationality. The law changed in 1992, and applies retrospectively. See this topic. Even though your birth certificate says non-Thai, it is in fact proof that you are Thai, because it proves you were born of a mother with Thai nationality, which is sufficient to give you Thai nationality.

So you are already a Thai citizen, and you have definitive proof of it (a Thai-issued birth certificate). I don't think you need to get your birth certificate corrected: it was correct accordingly to the laws of the time. You should be able to go along to your district office and ask them to issue you a Thai ID card and an updated tabian baan. The only thing you have to prove to them is that you (the person standing before them) is the same individual as the person named on the birth certificate. I am not sure what they will require for that: I would guess your current passport and a certified translation should be enough. Your step-mum may need to act as referee.

Were you born in a Thai Hospital or in a home. If at home was there a Mid-Wife who could verify who your Mother is ?

The mods may regard this post as against the rules, but I consider it helpful and morally right. This is a time to research the best lawyer to handle your problem. You are morally entitled to Thai nationality, but will probably need a lawyer with contacts who can grease the wheels a bit to actually make it happen. Usually, corruption in Thailand is damaging,, but sometimes its presence can be helpful in correcting an unfair situation.

Who the mother is and that she was Thai has already been established on the birth certificate. OP only has to show that he is the person on the birth certificate, if required.

Hello Naun,

As Mario mentioned, you're essentially a Thai now. My case was similar to yours, but I had to deal with a Singapore Birth Certificate as I was born in Singapore.

Your steps now should be as follow:

1. Call up the District office of the house that you want your name in the house registration book.

2. Inform them that you would like to add your name in the house registration book. They will inform you when to come in. (I did mine in Bangkok and had to call to make an appointment, not sure if this is a must for other provinces. )

3. On the date of appointment, you will need to bring the following:

  1. Your birth certificate (It should be in Thai)
  2. The house registration book that you want your name registered in
  3. The house owner (he/she should be willing to add your name in)
  4. 2 witness who can attest that you are the person listed in your birth certificate. (The 2 person should be someone who knows you very well)

At the district office, the officer will interview your 2 witness who must attest that you are who you say you are. Once that is done, be ready to receive your brand new Thai ID.

If you have any question, I will be glad to help.. Been there done that..

EDIT:

For your case, you do not have to get your birth mother present since you already have a thai certificate with your birth mum listed. You just have to get witness to prove who you are. They must be Thai. You could bring your birth father as additional witness should they need more prove.

ANOTHER NOTE:

Some district offices can be very hesitant with such cases. call them in advance and tell them that you're coming and doing what you are about to do!

Edited by patyh

A lot of interesting things being said in this tread.

I have now done several reclaims of Thai Nationality. Some for people who have not had Thai nationality for more than 30 years.

It can be done as I have done it for people and yes you can retrieve it. It takes time and patience but in the end life changes for you as you become Thai and you can work and own property at will.

I will PM you and discuss things more clearly.

This should be posted as a new topic but applies to this thread. My wife got pregnant at an early age by a Thai traveling salesman who did not stay around. Wife was kicked out of the family house for disgrace so she went to an uncle and gave birth. The uncle registered the birth in his name. I have a notarized affidavit from him and his wife but that did little 30 years ago to change anything. Does Thailand now take into consideration DNA testing? What would I do if they did accept positive findings?

This should be posted as a new topic but applies to this thread. My wife got pregnant at an early age by a Thai traveling salesman who did not stay around. Wife was kicked out of the family house for disgrace so she went to an uncle and gave birth. The uncle registered the birth in his name. I have a notarized affidavit from him and his wife but that did little 30 years ago to change anything. Does Thailand now take into consideration DNA testing? What would I do if they did accept positive findings?

Not sure what you want to know and what you hope to achieve by DNA testing.

My situation is the other way round, my Mother is British and Father is Thai, I was born in the UK and on my UK birth certificate it shows my Father as Thai but I have never seen my Father and no clue if he is still alive. I can get a Thai ID ?

As long as you have a Thai Parents name that is linked to you by a birth certificate from any country, your nationality can be retrieved.

Even if your parents are not around at all any longer like an adoption, but you can prove they existed it can be done.

Been there done that!

I went to my last local Amphur office in Dusit Bangkok they said I need to prove that my fathers name on the birth certificate is Thai ( even tho it says he is from Thai on it ) I told them I don't know where he is and they said they can't do any more. Any ideas on how to get over this ?

  • Author

Hello Everyone,

Thanks so much for all your replies and opinions - it's been quite helpful to learn about everyone's experiences, as I am getting a clearer picture on what steps I need to take, and how to prepare for the application.

jamesthailand

Thanks for the info - I am looking to get my passport translated. Just researching if translation will suffice or would I need an Apostille/Authentication as well. Sooo much info to go through, and none that is super clear, so I think I will just fork out the $$$ to get both the Apostille and Authentication, just in case.

I've planned to head to Thailand some time in Sept/Oct/Nov and allowed 2 weeks in Thailand to get the ball rolling, and then heading over again in Nov/Dec (depending on when I head out for the first trip) for another 2.5 weeks... so working with a very short time-frame.

gchurch259

I was born in a hospital, but I don't have much confidence in getting the mid-wife to vouch for me, seeing as I born in the 80's, and that was such a long time ago.

patyh

Thanks for the detailed steps! My cousin was also born in Sg (Thai mother and Sg father) as well, but I don't think she has applied for her Thai ID yet.

In any case, we aren't very close, so I feel hesitant to ask her for any advice.

I will suss out the district office in advance as per your advice, ta for that. :)

With the tabien baan though, I already have one, so I am guessing I do not need to do that step? I got the tabien baan translated, and the thing is, I am the only person listed on it, and it says that the copy I have is the head of household copy. I am assuming that it would be in my best interests to remain registered under this address and keep that tabien baan, seeing as I am listed as person number 1, and my copy is supposedly the head of household copy. But, I do have my reservations about that.... it was issued in the 80's, and I have no idea about the house anymore (whether it still exists, is sold off, occupied by someone else etc)...

Who issues the ID, the district office of your birth, or the district office of your tabien baan?

Sorry about all the extra questions guys, and thanks so much for all your help already :)

I am so excited to get the process started, will check in and keep you all updated! :)

miss.nuan

If still abroad, simply apply for a Thai passport at the embassy. It might be a lot easier to do it that way with your Thai birth certificate than going through the process in Thailand.

If still abroad, simply apply for a Thai passport at the embassy. It might be a lot easier to do it that way with your Thai birth certificate than going through the process in Thailand.

This from the MFA webpage for passport applications done abroad. http://www.mfa.go.th/main/en/services/1415/21482-e-Passport-Application-for-Thai-Nationals-Living-A.html

"1.1 General Applicants

1.1.1 Aplicant’s previous Thai Passport or a certified copy

1.1.2 Thai Citizenship I.D.Card/House Registration

which contains the 13-digit Personal Number"

If his house book and/or birth certificate has an has the 13 digit number he might be able to get a passport. But I suspect not.

They will do it for a person that is under 20.

He might be able to get a certificate of identity so he could enter the country as a Thai citizen. Then get his Thai passport here.

Well I wish you luck in your endeavors! Having done it before you will be given wrong advice and danced with for a while.

Its like Harry Potter said! "its complicated"

Good luck

BB

  • Author

Hi Mario2008 and ubonjoe

I won't be able to apply for a Thai Passport without an ID.. so will have to go the long route.. I've never had a Thai paspsort either.

Hi Badbanker

I am abroad, so won't be able to contact you, but thank you! :)

UPDATE:

So I've painstakingly translated my birth cert myself, as I noticed that some of the details were missed off the translation done by the professional translator (I assume she didn't bother to translate is as it's only relevant to Thai authorities?).

My ID number pre-fix is a 7, which is the number issued to children of parents who are legally allowed to live in Thailand but have not yet obtained permanent residency or citizenship (according to this website link here).

Questions:

1. If my birth mother has since attained PR or citizenship, would I automatically be a citizen?

2. If yes, then does that mean my ID number will change? Or, would it remain the same?

3. If I am automatically a citizen, and my ID number remains the same, how do the authorities ascertain whether I am a citizen or not?

The thing with my birth certificate, is that the mother's ID is not listed on there.... but it clearly states that she is Thai. Is this normal???

If not, will they request for this before they issue me with an ID card? Seeing as I have no idea where she is, and not in contact with her, how would I get around this?

miss.nuan

I don't think the prefix of your ID number will make much difference. It could be because you were born prior to 1992.

If the birth certificate states that your mother was Thai you are already a Thai national under current law. All you need now is further proof of it.

So what's the best way to proof it if you have no clue there your thai parent is ?

So what's the best way to proof it if you have no clue there your thai parent is ?

The further proof is getting a Thai ID card and a new house book registry.

As I wrote earlier if you have your mother's ID number it should not be hard to find out where she is registered now. That might well lead to other family members,

You start out at the Amphoe where your birth was registered or the house book you have is for.

So if you can find your Thai parent is the process to get your Thai ID easy to get, like going to the office registering on the blue book then ID card or do they do lots of checking before hand ?

Finding your mother or members of her family would help.

In order to get the blue house book registry you have to have somebody that is a head of household on one to agree to it.

They will normally not do a lot of checking if you have people to support you when you go the Amphoe. That is the witnesses mentionrf earlier.

The way to retrieve Thai nationality is to have any official Thai government genuine document, in Thai language that has your name on it that can be traced back to its origin. Then game over!

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