Changing Surname Of Children

[SNGLIFE]

I need some feedback from those with direct experience in this matter, so I respectfully request only those with solid information (not opinions) to share their replies. Thank you.

I have been married for several years to my Thai wife and never bothered to change the name of my child to my own. It just wasn't ever an issue while living in Thailand. We are now in the process of moving to the States and we want to change all her Thai info (passport, visa, etc.) to my surname.

In the States, once married, changing the surname of stepchildren is pretty much automatic. Just submit a form and it's done.

My wife is handling the name change now in Thailand while I get the new house and everything ready in the States. She has confirmed that under Thai law that she is the sole legal guardian. The biological father has no interest, claim, or contact. However, the employees at the Thai government office that handles these matters keep telling her I have to fill out adoption papers and go through the ENTIRE adoption screening process before we can change my daughter's surname(!) as if I was some stranger in a far-off land. I just received the package of forms (in good english) in the mail and it's 100% for a stranger wanting to adopt a foreign child ala Angela Jolie and Brad Pitt style. It goes so far as to give me a list of adoption agencies in America to contact who will interview me, check my background, finances, etc. and relay the information to the Thai government offices.

This is driving me up the wall because I know that can't be correct. Somewhere, somehow, there is a government office where my wife just needs to show our marriage papers, fill out a form, and sign to change my daughter's last name to ours.

Where is that office? What is the phone number? Who does my wife need to speak with to make this happen? Wife is in Udon. Daughter born in Udon. Her flying to Bangkok is no problem. Thanks.

[Dragonman]

I have no direct experience of doing this, but am quoting from my legal papers which appear fairly explicit. I do not know where your wife went to apply, but she could already have proceeded as per thai law. Adoption does indeed need to take place before change of name. The District Family & Juvenile Court will decide and The Child Guidance Center undertakes "investigations". It is also likely that unless she has a Court Order allowing her sole guardianship, a 6 week publication for objections by the child's father may be posted.

[teacup]

I also have no direct experience of doing this – only through my friend

If you want the child to have your surname

You (yourself, not your thai wife) must first have to get the clearance to adopt from the US-INS, by filing the form I-600.

Once approved = Step two – apply for the adoption at Thailand Dept of Social Welfare for your identified child – this process will normally take around an average of 18 months, then you can apply for the us passport with new surname at the US Embassy for the child. In some case the process could take up to around 2-3 yrs.

The following is from my own experience – this was how my mom did it

If you don’t mind the child existing surname. You don’t have to adopt him/her but just apply for a visa for the child to immigrate to the US based on her mother is being married to you-a US citizen + birth father approval. It used to take about 6 months for the process to bring the child to the US, and he/she will get her temp/conditional greencard and SSN automatically at the airport-port of first entry….and be able to live with you as his/her guardian. Once in the US you can still add him/her as one of your dependants on your tax return – if choose. No bar going against her for attending a public school. Later on the child will be eligible to have her permanent greencard and then if he/she chooses – apply for the US passort – on his/her own when eligible.

If his/her thai first name will be very difficult to pronounce once in school, you + you wife will have the option to go to the courthouse where you reside….. and adding the American name as the first name and keep his/her thai name as a middle name or vice/versa.

The benefit is….you’re letting the child choose his/her own citizenship when he/she is old enough to think him/herself.

CHECK with the new law, my experience was 20 yrs ago

If you choose this route, make sure the child still has his/her name on the family tabien baan - keep it up to date at all times. This way it will be easier for him/her in obtaining the thai ID card when he/she is 16. Just in case he/she wants to come back to live in thailand later on.

Best of luck ….whichever way you choose

Edited October 7, 2006 by teacup

[thelegend]

I am facing the same dilema. While back in Aus I contacted local adoption agency, having got all the forms in Thailand, and was informed that nothing could be done until my family moved to Aus. Only then would the interviews and assessments be undertaken. As my family will not be moving to Aus.,this is impossible, so I will need to find another way to achieve this end. Does anyone have any knowledge if it is possible to change a name by 'Deed Poll' in Thailand, as this may be a way around the problem?

[leisurely]

I know nothing about births in Thailand, but weren't you named on the birth certificate as the father?

[Thaddeus]

The biological father has no interest, claim, or contact.

Leisurely

Step-daughter I would glean from that.

And we have exactly the same problem.

[Dragonman]

I am facing the same dilema. While back in Aus I contacted local adoption agency, having got all the forms in Thailand, and was informed that nothing could be done until my family moved to Aus. Only then would the interviews and assessments be undertaken. As my family will not be moving to Aus.,this is impossible, so I will need to find another way to achieve this end. Does anyone have any knowledge if it is possible to change a name by 'Deed Poll' in Thailand, as this may be a way around the problem?

Possible but onerous legal complexities. Adoption should be easier and cheaper.

[SNGLIFE]

After researching like crazy since I posted, I came across the Child Citizenship Act (CCA) which may be useful to some other person out there:

http://www.uscis.gov/graphics/services/natz/CCA_Update.htm

I can't seem to find anything directly addressing my situation and NOT adoption related. I am thinking the way to go will be to just get the American citizenship done, first. Then it should be simple to go to a courthouse and change the name. She's 4, BTW. We are trying to get everything changed before we put her in school and hopefully avoid having to deal with any stigmas and those stupid (American) questions that really aren't anyone else's business. I am sure many of you know EXACTLY what I mean.

Please keep the info coming. Hopefully, there will be something I haven't thought about, yet.

[Dragonman]

I am facing the same dilema. While back in Aus I contacted local adoption agency, having got all the forms in Thailand, and was informed that nothing could be done until my family moved to Aus. Only then would the interviews and assessments be undertaken. As my family will not be moving to Aus.,this is impossible, so I will need to find another way to achieve this end. Does anyone have any knowledge if it is possible to change a name by 'Deed Poll' in Thailand, as this may be a way around the problem?

Perhaps barryofthailand wouldn't mind if you PM'd him, as he has previously posted that he has gone through the adoption process successfully in Thailand.

[thaihome]

I..In the States, once married, changing the surname of stepchildren is pretty much automatic. Just submit a form and it's done.

..

What state would that be? Certainly in GA it is not that simple, I had to do the full adoption process and new birth certificate with me listed as father was issued.

TH