Maestro Posted July 15, 2015 Share Posted July 15, 2015 The good news is that if the Australian passport office is not satisfied with a copy of the Thai birth certificate plus English translation plus police report about the loss of the original, there is still this option: "If the child was born overseas and has no birth certificate, complete Form B6 (Download form B6)" https://www.passports.gov.au/Web/Newppt/B6.pdf Link to comment Share on other sites More sharing options...
Richard W Posted July 15, 2015 Share Posted July 15, 2015 The good news is that if the Australian passport office is not satisfied with a copy of the Thai birth certificate plus English translation plus police report about the loss of the original, there is still this option: "If the child was born overseas and has no birth certificate, complete Form B6 (Download form B6)" https://www.passports.gov.au/Web/Newppt/B6.pdf The father would have to sign form B6. He many not be in a fit state to sign it. Form B6 reads as though an orphan with no access to their birth certificate has no right to an Australian passport. Link to comment Share on other sites More sharing options...
ripstanley Posted July 15, 2015 Share Posted July 15, 2015 Also write to the foreign affairs minister Julie Bishop. The more you complain to politicians the more you get from the public servants I agree but foreign affairs has nothing to do with that. Op's niece is Australian and has already obtained her Aus. documents in the past. It's then a matter for the home office perhaps. In Australia the passport office where the documents will be held come under the Department of Foreign Affairs and Trade. Link to comment Share on other sites More sharing options...
FritsSikkink Posted July 16, 2015 Share Posted July 16, 2015 The good news is that if the Australian passport office is not satisfied with a copy of the Thai birth certificate plus English translation plus police report about the loss of the original, there is still this option: "If the child was born overseas and has no birth certificate, complete Form B6 (Download form B6)" https://www.passports.gov.au/Web/Newppt/B6.pdf The father would have to sign form B6. He many not be in a fit state to sign it. Form B6 reads as though an orphan with no access to their birth certificate has no right to an Australian passport. she isn't an orphan, her father is in Australia Link to comment Share on other sites More sharing options...
ubonjoe Posted July 16, 2015 Share Posted July 16, 2015 It will not be possible to get a original birth certificate from the Amphoe where her birth was registered. They will provide a certified copy of it that most entities will accept. After getting the certified copy it would need to be translated to Thai and the translation would need to be certified at the Ministry of Foreign affairs. Link to comment Share on other sites More sharing options...
pcliff069 Posted July 16, 2015 Share Posted July 16, 2015 (edited) If the OP is still with us. Are you after: a. a proof of identity / age so your niece can play sport / open bank accounts and do all these day to day type things, or b. an Australian passport for travel. Edited July 16, 2015 by pcliff069 Link to comment Share on other sites More sharing options...
ubonjoe Posted July 16, 2015 Share Posted July 16, 2015 It seems a lot people that have posted on the is topic have only read the OP. This by the OP in post number 3. "I am trying to gain an original copy of her birth certificate, I have photocopies however the majority of things require original copies, sport etc." To the OP. If she has or has had a Australian passport she should also have a Australian Citizenship Certificate that was obtained before she got her passport. I would think that would be accepted in lieu of a birth certificate If the certificate has been lost this page should help in getting a replacement. http://www.border.gov.au/Trav/Citi/Curr/Proof-of-citizenship. 1 Link to comment Share on other sites More sharing options...
samran Posted July 16, 2015 Share Posted July 16, 2015 It will not be possible to get a original birth certificate from the Amphoe where her birth was registered. They will provide a certified copy of it that most entities will accept. After getting the certified copy it would need to be translated to Thai and the translation would need to be certified at the Ministry of Foreign affairs. ....which would be no good for getting an australian passport issued in Australia. Only a NAATI certified translation is acceptable at the passport office in australia. There are one or two NAATI certified translators floating around bangkok. Link to comment Share on other sites More sharing options...
elissa clay Posted July 16, 2015 Author Share Posted July 16, 2015 (edited) Hi Guys I appreciate all your ideas and suggestions, perhaps I should go more into detail, I did not want too as in no way would i want to talk badly of her mother. My brother married a thai woman in sydney, the woman was deported back to thailand, information came to light that she had lied about who she was and her age etc. The relationship ended badly. We found out she was pregnant, my parents tried to help, however they were taken advantage of a teeny bit The woman showed up n Australia during the floods in Thailand and we received a phone call from her in australia asking us to take her daughter (my niece) for a weekend. She brought her over and did not return to pick her up for months. Luckily she had enrolled her in a school so we did not need any documents to do so (this is also where I gained the photocopies of her documents as the school had taken photocopies of the original documents) The mother has taken all the original documents and passport back to thailand When my parents refused to do her visa the threats began and the abuse, the child was removed from school and returned to thailand, while the mother remained in australia. The mother then returned the child to australia and attempted to leave the child at the primary school, the school told her leave she could not do this. The child was then taken to my parents and my home and after an argument and my father went inside to call the police, the mother placed the child over a huge side gate and never returned. The last we heard from her mother was a phone call saying that she was at the airport returning to thailand. We have heard nothing from the mother since and my brother wants nothing to do with the child. I have had this beautiful little girl for almost five years, I have photocopies of her:- extract of citizenship Translated birth ceritifcate the photo page and arrival stamp of her passport A medicare card The police have a police report of her being an abandoned child DOCS (Family services in australia) will not help as she was left with paternal family Immigration cannot help as she is an australian citizen The family court cannot help as we have no original documentation for her and photocopies are unacceptable I am wanting to get a birth certificate for her so she is able to live a normal life in australia and be able to Enroll in a sport Open a bank account Enroll in uni Get a drivers license Get a tax file number Get a new passport None of these agencies find the photocopies I have of the documents unacceptable, so I have a child who is born in thailand, who is an australian citizen by descent who has no documents at all. I cannot locate her mother, her father wont assist at all Sorry to ramble just wanting to give as much info as possible Apologies for the initial post, I'm new to this and got a little excited at the idea of getting help or advice Elissa Edited July 16, 2015 by elissa clay Link to comment Share on other sites More sharing options...
ubonjoe Posted July 16, 2015 Share Posted July 16, 2015 It will not be possible to get a original birth certificate from the Amphoe where her birth was registered. They will provide a certified copy of it that most entities will accept. After getting the certified copy it would need to be translated to Thai and the translation would need to be certified at the Ministry of Foreign affairs. ....which would be no good for getting an australian passport issued in Australia. Only a NAATI certified translation is acceptable at the passport office in australia. There are one or two NAATI certified translators floating around bangkok. The OP just mentioned wanting a birth certificate so I was trying to help with that. I am certain the certificate of citizenship would also be needed to get the passport also. I did a search on the NAATi website and only found one. https://www.naati.com.au/online/PDSearch/WizardResults?WizardId=fe91fc80-571f-4428-9667-c462149c1d58# Link to comment Share on other sites More sharing options...
ubonjoe Posted July 16, 2015 Share Posted July 16, 2015 To OP it seems to me that getting her an Australian passport might be easier to get than getting her birth certificate. Her father would have to be involved to get it. I found this "If the child was born overseas and has no birth certificate, complete Form B6 here https://www.passports.gov.au/web/newppt/applyingu18.aspx This leads me to believe that having the original birth certificate may not be all that important. In many countries I am aware of a valid passport is often accepted in lieu of a birth certificate. In an earlier post I mentioned what can be done to get a certified copy of the birth certificate. It would be possible for somebody here to get it if her father was to give somebody power of attorney to do it. The power of attorney could be done at the Thai embassy or the consulate in Sydney. It is also possible it could be done at one of the honorary consulates. Link to comment Share on other sites More sharing options...
samran Posted July 16, 2015 Share Posted July 16, 2015 Hi Guys I appreciate all your ideas and suggestions, perhaps I should go more into detail, I did not want too as in no way would i want to talk badly of her mother. My brother married a thai woman in sydney, the woman was deported back to thailand, information came to light that she had lied about who she was and her age etc. The relationship ended badly. We found out she was pregnant, my parents tried to help, however they were taken advantage of a teeny bit The woman showed up n Australia during the floods in Thailand and we received a phone call from her in australia asking us to take her daughter (my niece) for a weekend. She brought her over and did not return to pick her up for months. Luckily she had enrolled her in a school so we did not need any documents to do so (this is also where I gained the photocopies of her documents as the school had taken photocopies of the original documents) The mother has taken all the original documents and passport back to thailand When my parents refused to do her visa the threats began and the abuse, the child was removed from school and returned to thailand, while the mother remained in australia. The mother then returned the child to australia and attempted to leave the child at the primary school, the school told her leave she could not do this. The child was then taken to my parents and my home and after an argument and my father went inside to call the police, the mother placed the child over a huge side gate and never returned. The last we heard from her mother was a phone call saying that she was at the airport returning to thailand. We have heard nothing from the mother since and my brother wants nothing to do with the child. I have had this beautiful little girl for almost five years, I have photocopies of her:- extract of citizenship Translated birth ceritifcate the photo page and arrival stamp of her passport A medicare card The police have a police report of her being an abandoned child DOCS (Family services in australia) will not help as she was left with paternal family Immigration cannot help as she is an australian citizen The family court cannot help as we have no original documentation for her and photocopies are unacceptable I am wanting to get a birth certificate for her so she is able to live a normal life in australia and be able to Enroll in a sport Open a bank account Enroll in uni Get a drivers license Get a tax file number Get a new passport None of these agencies find the photocopies I have of the documents unacceptable, so I have a child who is born in thailand, who is an australian citizen by descent who has no documents at all. I cannot locate her mother, her father wont assist at all Sorry to ramble just wanting to give as much info as possible Apologies for the initial post, I'm new to this and got a little excited at the idea of getting help or advice Elissa To save a trip it would be easy enough for the father who is listed on the birth certificate to give power of attorney to someone up here, ideally a lawyer, and they can go to the district office in the muncipality where the child was born and request a birth cerificate. You could then have the certificate translated in australia via a NAATI translator and you would have what you need. But I stress, it would require the father, if you can't get the mother, to give the power of attorney. 1 Link to comment Share on other sites More sharing options...
samran Posted July 16, 2015 Share Posted July 16, 2015 It will not be possible to get a original birth certificate from the Amphoe where her birth was registered. They will provide a certified copy of it that most entities will accept. After getting the certified copy it would need to be translated to Thai and the translation would need to be certified at the Ministry of Foreign affairs. ....which would be no good for getting an australian passport issued in Australia.Only a NAATI certified translation is acceptable at the passport office in australia. There are one or two NAATI certified translators floating around bangkok. The OP just mentioned wanting a birth certificate so I was trying to help with that.I am certain the certificate of citizenship would also be needed to get the passport also. I did a search on the NAATi website and only found one. https://www.naati.com.au/online/PDSearch/WizardResults?WizardId=fe91fc80-571f-4428-9667-c462149c1d58# No stress. We've been caught out. The MFA certified translation is useless in Australia. 1 Link to comment Share on other sites More sharing options...
ubonjoe Posted July 16, 2015 Share Posted July 16, 2015 Thanks Samran. I think this topic is getting back on topic. It appeared to of gone off the rails before. 1 Link to comment Share on other sites More sharing options...
IMA_FARANG Posted July 16, 2015 Share Posted July 16, 2015 No, the birth certificate will not list anything to do with the Tabien Baan as the birth certificate is issued prior to the Tabien Baan. You really need a Thai lawyer. Try the "Ask a Lawyer" section on this board. ------------------------------- Not sure if is possible under Australian law, but in the U.S. a child born to a U.S . citizen, even overseas, is considered a U.S. citizen by birth. If that child is born in Thailand he or she can have it's birth registered and attested to in the U.S. embassy in Thailand. That means there is a record of the child's birth which can then be accessed later by the child or their parents anywhere in the world at a U.S. embassy. With the proper proof of identity, this attestation/ birth registration can also be used as proof of birth for U.S. government service offices. Not that it is any help to your particular problem , however. Link to comment Share on other sites More sharing options...
pcliff069 Posted July 16, 2015 Share Posted July 16, 2015 (edited) The child is an Australian Citizen. For all those things you have mentioned a Thai birth certificate will be about as useful as an ashtray on a motorbike. The father or whoever the legal guardian is needs to obtain her Australian citizenship papers. This document will take the place of the birth certificate. Dept of Immigration and whatever they call themselves these days for this. DAFT if you also need to get a passport. Edit: I just noticed you said the father won't help. This will make it a lot more difficult - as these things need to be done by the child's legal guardian. If he can't be persuaded it may be that your only recourse is via the courts. But before that is the father willing to hand over legal guardianship to you? Edited July 16, 2015 by pcliff069 Link to comment Share on other sites More sharing options...
pcliff069 Posted July 16, 2015 Share Posted July 16, 2015 No, the birth certificate will not list anything to do with the Tabien Baan as the birth certificate is issued prior to the Tabien Baan. You really need a Thai lawyer. Try the "Ask a Lawyer" section on this board. ------------------------------- Not sure if is possible under Australian law, but in the U.S. a child born to a U.S . citizen, even overseas, is considered a U.S. citizen by birth. If that child is born in Thailand he or she can have it's birth registered and attested to in the U.S. embassy in Thailand. That means there is a record of the child's birth which can then be accessed later by the child or their parents anywhere in the world at a U.S. embassy. With the proper proof of identity, this attestation/ birth registration can also be used as proof of birth for U.S. government service offices. Not that it is any help to your particular problem , however. The official terminology in Australia is Australian citizen by descent. As she already has an Australian passport I'm assuming this is how citizenship was proved. 1 Link to comment Share on other sites More sharing options...
elissa clay Posted July 16, 2015 Author Share Posted July 16, 2015 HI pcliff069I have a photocopy of the citizenship via descent I have tried to apply for an original copy even with my brothers signature they have requested further documents (original copies) I do not have these, so Im back to square one again... Its a doozy isnt it 1 Link to comment Share on other sites More sharing options...
pcliff069 Posted July 16, 2015 Share Posted July 16, 2015 HI pcliff069I have a photocopy of the citizenship via descent I have tried to apply for an original copy even with my brothers signature they have requested further documents (original copies) I do not have these, so Im back to square one again... Its a doozy isnt it absolutely - I think my last edit crossed this. If you don't mind me asking what additional documents do they want and what Departments are you dealing with, 1 Link to comment Share on other sites More sharing options...
elissa clay Posted July 16, 2015 Author Share Posted July 16, 2015 I am trying to apply for an original copy of the citizenship by descent certificate http://www.border.gov.au/Trav/Citi/Appl/What-documents-do-you-need/document-checklist-for-evidence-of-australian-citizenship They also require the birth certificate (albeit the translated copy) Link to comment Share on other sites More sharing options...
Maestro Posted July 16, 2015 Share Posted July 16, 2015 With the father of the girl refusing to have anything to do with her, things are getting a bit complicated. I think that social services or a court would have something to say about it. Link to comment Share on other sites More sharing options...
FritsSikkink Posted July 17, 2015 Share Posted July 17, 2015 report your brother and the mother for not taking care and apply for custody Link to comment Share on other sites More sharing options...
samran Posted July 17, 2015 Share Posted July 17, 2015 The child is an Australian Citizen. For all those things you have mentioned a Thai birth certificate will be about as useful as an ashtray on a motorbike. The father or whoever the legal guardian is needs to obtain her Australian citizenship papers. This document will take the place of the birth certificate. Dept of Immigration and whatever they call themselves these days for this. DAFT if you also need to get a passport. Edit: I just noticed you said the father won't help. This will make it a lot more difficult - as these things need to be done by the child's legal guardian. If he can't be persuaded it may be that your only recourse is via the courts. But before that is the father willing to hand over legal guardianship to you? Granted there may be offical channels around it, likely involving a court order, your statement that the Thai birth certificate is as 'useful as an ashtray' is simply not true. For the purposes of applying for an Australian passport, in Australia, a NAATI certified translation is needed of the original Thai birth certificate. Without it, a passport can't be applied for. Link to comment Share on other sites More sharing options...
dddave Posted July 17, 2015 Share Posted July 17, 2015 Maybe I missed it, but it is seems unclear whether the OP is the legal guardian of the child or not. If she is not, and if her brother, the parent of this child continues his refusal to take a parental role in her care and upbringing, then it would seem the first step should be for the OP to obtain legal guardianship (or whatever it is called in Aus.) Once the OP is legal guardian, she will be able to authorize whatever needs to be authorized for this girl to be able to live a normal life. 1 Link to comment Share on other sites More sharing options...
offset Posted July 17, 2015 Share Posted July 17, 2015 Elissa, this a bureaucratic matter and must be dealt with the bureaucratic way. Legally, you probably can do nothing for your niece. The girl's father, who I take it is your brother, must jump into action: go to the police station and report his daughter's original Australian passport and original birth certificate lost; report his wife missing. Get copies of these three police reports. Write to the passport office to ask if these police reports and copies of the passport and birth certificate are enough to get a new passport for the daughter and if not, what else is required. Offer to submit himself and his daughter for DNA testing, if this will help. Then wait for the written answer. Do not call to ask; write, preferably registered mail. Would it not be better for her first to get Power or Attorney to deal with this matter from her brother then at least then she is the person that can deal with this problem Link to comment Share on other sites More sharing options...
Maestro Posted July 18, 2015 Share Posted July 18, 2015 Would it not be better for her first to get Power or Attorney to deal with this matter from her brother then at least then she is the person that can deal with this problem Sadly, that does not seem to be on the cards: ...her father wont assist at all... Link to comment Share on other sites More sharing options...
Maestro Posted July 18, 2015 Share Posted July 18, 2015 Let's pause and assess where Elissa stands at the moment in her quest for a passport for her brother's daughter so as to be able to prove the girl's Australian nationality where required. Facts: The mother's abandonment of the child is already on record with the police. The child's original birth certificate and other identity documents disappeared with the mother and are unavailable. The child's father refuses absolutely to cooperate. An application for a new Australian passport can be made for this child with nothing more than a. the father's birth certificate or passport issued after 20 August 1986 and valid for two years or citizenship certificate b. Form B6 (Download form B6) Obstacles: The father's cooperation would be needed with fact 4.a. above and his signature on form B6, but he refuses to assist in any way. Possible solution: Report the father's abandonment of the child to the police or the local state's authority for child protection services. Possible risks: Social services will remove the child from Elissa's care, place her in an orphanage or with foster parents, and offer her for adoption. This is not what Elissa would want. Link to comment Share on other sites More sharing options...
paz Posted July 18, 2015 Share Posted July 18, 2015 Possible risks: Social services will remove the child from Elissa's care, place her in an orphanage or with foster parents, and offer her for adoption. This is not what Elissa would want. Not sure about Australia, but in most countries such decisions are taken by a minor's magistrate, not social services alone. And a Judge would first look among the closest relatives to find a suitable tutor, temporary or permanent. Also I think that few words by the police or other influential figure to the father could convince him to either sign a power of attorney, or face lots of trouble. 1 Link to comment Share on other sites More sharing options...
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