Changing Child's Surname when not Married.

[Steps]

Hi,

I would like to change my Son's surname from his mothers to mine (father) with consent from both the mother and my son. He is 8 years old and i have read that once your child turns 7, your child can legally give consent that you are the father and thereby change the surname without having to get married (we are not married).

Has anybody got any info on this or first hand experience? I did go to the Amphor in the province where he was registered when he was six to inquire about this procedure but was told that we had to get married before this could be done. My girlfriends mother was there and anything could have been said without my knowledge to bias the situation (shes been pushing for marriage).

Any info is welcome

[technologybytes]

Its quite easy, you and your son and the mother just go to the local ampur office and they will do it for you.

A man will ask your son to point to his father, so long as he points to you then it'll be OK !

Your son will have to sign a bunch of forms, I did the same thing and my son got really bored being asked to sign so many forms.

Then you can change the name, your son can also get an I card with the new surname on it.

[Familyaffairs]

Its quite easy, you and your son and the mother just go to the local ampur office and they will do it for you.

A man will ask your son to point to his father, so long as he points to you then it'll be OK !

Your son will have to sign a bunch of forms, I did the same thing and my son got really bored being asked to sign so many forms.

Then you can change the name, your son can also get an I card with the new surname on it.

i can ssure you it is not as simple as that ! Which amphur office did you go to?

[mankondang]

Its quite easy, you and your son and the mother just go to the local ampur office and they will do it for you.

A man will ask your son to point to his father, so long as he points to you then it'll be OK !

Your son will have to sign a bunch of forms, I did the same thing and my son got really bored being asked to sign so many forms.

Then you can change the name, your son can also get an I card with the new surname on it.

At what age does a Thai have to be to get their own ID card ? Thanks.

[Steps]

Its quite easy, you and your son and the mother just go to the local ampur office and they will do it for you.

A man will ask your son to point to his father, so long as he points to you then it'll be OK !

Your son will have to sign a bunch of forms, I did the same thing and my son got really bored being asked to sign so many forms.

Then you can change the name, your son can also get an I card with the new surname on it.

i can ssure you it is not as simple as that ! Which amphur office did you go to?

OK Guy's, thanks for the reply. So which one is it?? wev'e got quite easy and not so simple. I like the sound of "quite easy" but i have been around Thailand for a long time now and know that "not so simple" always creeps up. It used to be unexpected which i found hard to deal with (my poor missus) but now i expect the unexpected and am more prepared. OOOOOOOOOOOOOOOhh Life!!!

[THJOSH]

I did it once when my daughter was 7 years old. We (me and Thai girlfriend) went to the Amphur with my daughter. If I remember correctly, the only document we have was the child's birth certificate and of course my passport. They ask my daughter some questions to confirm that I'm really the father and living together with them. We then signed a document (mother, father, daughter) and 2 witnesses (my GF's sisters) having me as the guardian and staying that I'm supporting financially my daughter. They then issued a certificate (yellow color) which changes my daughter's surname to mine. The fee was very minimal at that time not over 1,000 baht. Yes, it was quite easy process and took us 2-3 hours at most in the Amphur office. Now my daughter is 15 years old having a Thai passport with my surname. She was issued a 10-year USA visa too and we use all this documents as evidence in the visa application. We already travelled so many times abroad (including USA) and back without any issues at all. I hope this info helps.

[Liquorice]

Its quite easy, you and your son and the mother just go to the local ampur office and they will do it for you.

A man will ask your son to point to his father, so long as he points to you then it'll be OK !

Your son will have to sign a bunch of forms, I did the same thing and my son got really bored being asked to sign so many forms.

Then you can change the name, your son can also get an I card with the new surname on it.

At what age does a Thai have to be to get their own ID card ? Thanks.

They must be 7 years old.

[Liquorice]

@Steps

I'm fairly sure you have to be legalized as the legitimate Father.

Just having your name on his Birth Certificate doesn't cut it.

[Steps]

@Steps

I'm fairly sure you have to be legalized as the legitimate Father.

Just having your name on his Birth Certificate doesn't cut it.

Hi Faz,

well if that is the case then it will be an issue because her mother signed the birth certificate putting my name down as the father. Therefore, i do not have any parental control over that child even though i am the father (or something like that). To be honest, i don't think that will be an issue but let's see hey!

[Steps]

I did it once when my daughter was 7 years old. We (me and Thai girlfriend) went to the Amphur with my daughter. If I remember correctly, the only document we have was the child's birth certificate and of course my passport. They ask my daughter some questions to confirm that I'm really the father and living together with them. We then signed a document (mother, father, daughter) and 2 witnesses (my GF's sisters) having me as the guardian and staying that I'm supporting financially my daughter. They then issued a certificate (yellow color) which changes my daughter's surname to mine. The fee was very minimal at that time not over 1,000 baht. Yes, it was quite easy process and took us 2-3 hours at most in the Amphur office. Now my daughter is 15 years old having a Thai passport with my surname. She was issued a 10-year USA visa too and we use all this documents as evidence in the visa application. We already travelled so many times abroad (including USA) and back without any issues at all. I hope this info helps.

Hi THJOSH,

Are you down on the birth certificate as the father and if so, did you sign that birth certificate to legitimize your parental rights? Just curious.

FYI you can apply for a US passport that would prevent you from having to mess about with all the visa issues for most other countries. It would probably cost less than what a visa costs as my sons UK passport did. However, you may not want a US passport for your daughter for your own reasons. I do know that if you earn a salary in a foreign country as a US citizen, you have to pay tax not just in the foreign country, but also to the authorities in the US which i find criminal and hard to get my head around.

Thanks for sharing your experience

[sunnyjim5]

I did it once when my daughter was 7 years old. We (me and Thai girlfriend) went to the Amphur with my daughter. If I remember correctly, the only document we have was the child's birth certificate and of course my passport. They ask my daughter some questions to confirm that I'm really the father and living together with them. We then signed a document (mother, father, daughter) and 2 witnesses (my GF's sisters) having me as the guardian and staying that I'm supporting financially my daughter. They then issued a certificate (yellow color) which changes my daughter's surname to mine. The fee was very minimal at that time not over 1,000 baht. Yes, it was quite easy process and took us 2-3 hours at most in the Amphur office. Now my daughter is 15 years old having a Thai passport with my surname. She was issued a 10-year USA visa too and we use all this documents as evidence in the visa application. We already travelled so many times abroad (including USA) and back without any issues at all. I hope this info helps.

Hi THJOSH,

Are you down on the birth certificate as the father and if so, did you sign that birth certificate to legitimize your parental rights? Just curious.

FYI you can apply for a US passport that would prevent you from having to mess about with all the visa issues for most other countries. It would probably cost less than what a visa costs as my sons UK passport did. However, you may not want a US passport for your daughter for your own reasons. I do know that if you earn a salary in a foreign country as a US citizen, you have to pay tax not just in the foreign country, but also to the authorities in the US which i find criminal and hard to get my head around.

Thanks for sharing your experience

Signing a birth certificate does not legitimise parenthood or provide parental rights

[Steps]

I did it once when my daughter was 7 years old. We (me and Thai girlfriend) went to the Amphur with my daughter. If I remember correctly, the only document we have was the child's birth certificate and of course my passport. They ask my daughter some questions to confirm that I'm really the father and living together with them. We then signed a document (mother, father, daughter) and 2 witnesses (my GF's sisters) having me as the guardian and staying that I'm supporting financially my daughter. They then issued a certificate (yellow color) which changes my daughter's surname to mine. The fee was very minimal at that time not over 1,000 baht. Yes, it was quite easy process and took us 2-3 hours at most in the Amphur office. Now my daughter is 15 years old having a Thai passport with my surname. She was issued a 10-year USA visa too and we use all this documents as evidence in the visa application. We already travelled so many times abroad (including USA) and back without any issues at all. I hope this info helps.

Hi THJOSH,

Are you down on the birth certificate as the father and if so, did you sign that birth certificate to legitimize your parental rights? Just curious.

FYI you can apply for a US passport that would prevent you from having to mess about with all the visa issues for most other countries. It would probably cost less than what a visa costs as my sons UK passport did. However, you may not want a US passport for your daughter for your own reasons. I do know that if you earn a salary in a foreign country as a US citizen, you have to pay tax not just in the foreign country, but also to the authorities in the US which i find criminal and hard to get my head around.

Thanks for sharing your experience

Signing a birth certificate does not legitimise parenthood or provide parental rights

So what does?

[Liquorice]

I did it once when my daughter was 7 years old. We (me and Thai girlfriend) went to the Amphur with my daughter. If I remember correctly, the only document we have was the child's birth certificate and of course my passport. They ask my daughter some questions to confirm that I'm really the father and living together with them. We then signed a document (mother, father, daughter) and 2 witnesses (my GF's sisters) having me as the guardian and staying that I'm supporting financially my daughter. They then issued a certificate (yellow color) which changes my daughter's surname to mine. The fee was very minimal at that time not over 1,000 baht. Yes, it was quite easy process and took us 2-3 hours at most in the Amphur office. Now my daughter is 15 years old having a Thai passport with my surname. She was issued a 10-year USA visa too and we use all this documents as evidence in the visa application. We already travelled so many times abroad (including USA) and back without any issues at all. I hope this info helps.

Hi THJOSH,

Are you down on the birth certificate as the father and if so, did you sign that birth certificate to legitimize your parental rights? Just curious.

FYI you can apply for a US passport that would prevent you from having to mess about with all the visa issues for most other countries. It would probably cost less than what a visa costs as my sons UK passport did. However, you may not want a US passport for your daughter for your own reasons. I do know that if you earn a salary in a foreign country as a US citizen, you have to pay tax not just in the foreign country, but also to the authorities in the US which i find criminal and hard to get my head around.

Thanks for sharing your experience

Signing a birth certificate does not legitimise parenthood or provide parental rights

So what does?

In most Western countries, the Mother and Father of the child get equal rights and obligations. Under Thai Law, this isn't the case. According to section 1546 of CCCT, when a child is born and the mother is NOT married to the father, the father has no LEGAL RIGHTS over the child. Only the mother has rights (and obligations) over the child.

A person could be named on the birth certificate as the father, but his rights are NOT legalized under Thai law. Even with a DNA test, he could be the father on the birth certificate and be the biological father, but he won't be the LEGALIZED FATHER.

There are 3 exceptions mentioned in article 1547:

1. If there is a subsequent marriage between the parents

2. If there is a registration made at the amphur

3. If there is a judgment by the Court.

Exception one is easily understood.

Exception Two is more complex: Both parents must consent that the Father is the legitimate Father and the local authorities (Amphur or Khet in Bangkok) will normally require the child to be old enough to understand and accept this situation.

In Thailand, each registration office is different and they often do not apply the same rules. However, they will normally legalize the Father ONLY when the child is over 7 years-old, able to sign his name, able to consent, and all parties will have to give their consent to the local registration office.

If the child is younger and there is an attempt to register the Father's rights at the amphur, the applicant is often told to get a judgment from the Court before it will be possible to legalize the rights of a Father. After a Court decision is rendered and, if it is positive, becomes enforceable (after 30 days), it is then possible to use the judgment to legally register the parent’s rights at the amphur.

Exception Three: Re a judgment by the Court, see the section below called "action to legitimate a child under a Thai Court".

Read more: http://thailawonline.com/en/family/children/custody-of-a-child-thailand.html

As I said before, I don't believe you have any authority to change the child's surname as you have no rights over that child, unless you legitimise your status as the Father. Lets put it another way, you wouldn't be able to get an extension of stay at Immigration based on having a dependant Thai child, just because your named on the BC.

If you didn't register yourself with your child as the legitimate Father within the first 15 days of birth, then the only option is to get a Court Order, which I believe is a fairly straightforward procedure provided both you and the Mother are in agreement.

[technologybytes]

Its quite easy, you and your son and the mother just go to the local ampur office and they will do it for you.

A man will ask your son to point to his father, so long as he points to you then it'll be OK !

Your son will have to sign a bunch of forms, I did the same thing and my son got really bored being asked to sign so many forms.

Then you can change the name, your son can also get an I card with the new surname on it.

i can ssure you it is not as simple as that ! Which amphur office did you go to?

I can absolutely assure you familyaffairs that its exactly as I described, I was there and and I remember it in detail.

I was in the San Sai district office in Chiang Mai.

As I was there and you was not I think you owe me an apology.

[thaihome]

...I do know that if you earn a salary in a foreign country as a US citizen, you have to pay tax not just in the foreign country, but also to the authorities in the US which i find criminal and hard to get my head around.

Thanks for sharing your experience

Just to help you get your head around, if tax is paid in foreign country it is unlikely an US tax is due. The income must be reported, but with foreign income exemption and foriegn tax credit on any income above that, no US tax will ever be due. Have worked overseas for 18 years and haver never paid any US tax, though it was all reported.

TH

[Steps]

OK Guy's, I finally got around to going to the Amphur where my son was registered at birth with the intention to change his surname from his mothers to mine. We took my passport, his birth certificate and my missuses documents. After 4 hours of waiting around, they told us that we would have to get a DNA test done and some other bullshit that i could not be arsed with in the end.

My surname is also spelt wrong in Thai on the current birth certificate and we tried to get that changed to the same spelling on my daughters cert. They told me i would have to get an authorized translation of my passport, some document off immigration to say that that was the correct spelling (<deleted> has it got to do with immigration) and something else but i can't remember what. All in all a very poor day leaving me feeling helpless and hopeless and i hate that feeling. Needless to say i pressed the <deleted>#k it button and went and got drunk. I also think that the missus maybe could have done more but who knows when your not fluent in the language (another frustration!!!). Whose to blame??

[THJOSH]

Sorry guys,  it took me more than a year to reply to this topic. Got so busy ! 

 

Yes,  my name was in my Thai daughter's  birth certificate. Since my GF and me was not married, my daughter's surname in the birth certificate was my GF's surname.  I was then legitimized as the father through a court order when my daughter was 7-years old. At the same time of legitimation at the Amphur's office, we also changed my daughter's surname to mine.  All paperworks are in order.  My daughter has a Thai passport and Thai ID both using  my surname.  Due to some unfortunate events, my GF passed away in 2012  (complications from chemotheraphy due to Leukemia) and from then on, I changed from Non-B visa (as I'm working in a Thai company) to Non-O visa based on having a Thai child as a dependent.  My daughter is now 16 years old.  Not sure though if this will stop (non-o visa) once she's 20 years old.  

 

By the way, I'm not American.  I'm from the Philippines.