Will My Child Be An Alien?

[Godders]

I am a falang with a pregnant Thai partner. We cannot marry because my wife will not divorce me. My girlfriend says a Thai woman friend has told her there is a new Immigration ruling about Thai women who have children by their falang boyfriends. In future (so the rumour mill has it) illegitimate children of Thai/falang partnerships will be treated as aliens, unless the falang concerned can provide a letter from their consulate stating that he is the father (what proof, one wonders, would a consulate need to stick its neck out like that?)

Because of all the bizaare implications of such a situation, I assumed that this must be another of those silly scare stories which pop up from time to time. I'm trying to track down my wife's friend's boyfriend to check it out. He apparently told his girlfriend that he found the new rule on a website. However, as yet I have been unable to discover one containing this disturbing "news". Can anyone out there shed light on what one hopes is simply an ugly rumour?

As I understood it from a Thai lawyer I consulted when my partner became pregnant some months ago, the position of children born to Thai/falang parents out of wedlock was the same as that appertaining to illegitimate Thai children - i.e. they were automatically entitled to Thai nationality. The only problems the lawyer foresaw in our case were (1) if we wanted British citizenship for the child (which is possible, but very difficult if you are not married to the baby's mother) and (2) getting the Thai authorities to accept me, a falang, as the legal (as opposed to bioligical) father. The only generally acceptable way of achieving this status in LoS, apparently, is by waiting until the child is seven years old and getting it to testify before a Thai court that you are indeed its dad. A much more reliable method, it goes without saying, than those dodgy old blood tests so beloved of Western courts. . . TiT.

[keenok]

I am a falang with a pregnant Thai partner. We cannot marry because my wife will not divorce me. My girlfriend says a Thai woman friend has told her there is a new Immigration ruling about Thai women who have children by their falang boyfriends. In future (so the rumour mill has it) illegitimate children of Thai/falang partnerships will be treated as aliens, unless the falang concerned can provide a letter from their consulate stating that he is the father (what proof, one wonders, would a consulate need to stick its neck out like that?)

Because of all the bizaare implications of such a situation, I assumed that this must be another of those silly scare stories which pop up from time to time. I'm trying to track down my wife's friend's boyfriend to check it out. He apparently told his girlfriend that he found the new rule on a website. However, as yet I have been unable to discover one containing this disturbing "news". Can anyone out there shed light on what one hopes is simply an ugly rumour?

As I understood it from a Thai lawyer I consulted when my partner became pregnant some months ago, the position of children born to Thai/falang parents out of wedlock was the same as that appertaining to illegitimate Thai children - i.e. they were automatically entitled to Thai nationality. The only problems the lawyer foresaw in our case were (1) if we wanted British citizenship for the child (which is possible, but very difficult if you are not married to the baby's mother) and (2) getting the Thai authorities to accept me, a falang, as the legal (as opposed to bioligical) father. The only generally acceptable way of achieving this status in LoS, apparently, is by waiting until the child is seven years old and getting it to testify before a Thai court that you are indeed its dad. A much more reliable method, it goes without saying, than those dodgy old blood tests so beloved of Western courts. . . TiT.

sounds like more bollo**s in my opinion.but you never know the way things are going at the moment. by the way if you are the childs father (on the birth certificate)and you are a british citizen,the child is entitled to british citizenship(irrespective of where it was born or the nationality of the mother).different rules with a mother who is british citizen however.

[laowai1960]

Maybe the law is not so new. And there appears to be two distinct classifications; Thai citizen and Thai resident. Might be wise to consult a lawyer who specializes in citizenship matters.

http://www.asiatradingonline.com/visaresidency.htm

Children born in Thailand of foreign parents have a legal status all by themselves. They are not Thai citizens (even those born to a Thai mother and a foreign father are not automatically Thai citizens - only those born to Thai fathers qualify, regardless of the nationality of the mother). Children of foreign parents, even if both are just tourists, are not classified as tourists. To be considered legal residents, children also don’t need a residence permit. Immigration officers say that those born in Thailand can stay indefinitely without any formalities, until they leave the country for the first time on a non-Thai passport. Those born in Thailand do not need a residence permit but must be holders of a Thai birth certificate. Processing takes about two weeks and usually is handled by the hospital where the child was born. Birth certificates are standard forms in Thai. Law offices have English translations of these forms costing 200-400 baht

.

http://www.geocities.com/vfw9951/docs/Retire-in-Thailand.htm

CHILDREN BORN IN THAILAND: Children born in Thailand of a foreign father and a Thai mother may not automatically become Thai citizens. Application must be made with the local District Office (Amphur). With many countries however, the USA for example, the children are U.S. citizens. A "report of foreign birth abroad" must be filed with the U.S. Consulate, and may be similar with other Embassies.

[sbk]

by the way if you are the childs father (on the birth certificate)and you are a british citizen,the child is entitled to british citizenship(irrespective of where it was born or the nationality of the mother).different rules with a mother who is british citizen however.

My understanding is that if the father is British and not married to the mother then a DNA test must be submitted in order for the child to gain British citizenship.

[keenok]

by the way if you are the childs father (on the birth certificate)and you are a british citizen,the child is entitled to british citizenship(irrespective of where it was born or the nationality of the mother).different rules with a mother who is british citizen however.

My understanding is that if the father is British and not married to the mother then a DNA test must be submitted in order for the child to gain British citizenship.

have never heard of that before.my friend is pakistani with uk citizenship,girlfriend is indian,child was automatically entitled to uk citizenship. after all just because a man is married ,doesnt necessarily make him the biological father.