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Reader question: Baby on the way in Thailand, what are the consequences?

By Editorial
Posted in Reader question
Tags:
October 5, 2013

Dear Sirs and Ladies,

We are expecting our baby soon.

I am Belgian and legally married in Thailand and registered in Belgium. We live in Thailand and have therefore completely deregistered in Belgium.

What if the baby has my last name? Does the baby also have to apply for a visa every year and go to immigration every 90 days?

I am considering giving the baby the mother's last name. When we got married, we also decided that my wife would keep her own family name.

What if the little one has the family name of the mother, are there consequences for me?

Thanks.

Luc

Number of times read: 178

14 responses to “Reader question: Baby on the way in Thailand, what are the consequences?”

  1. Jack S says up
    5 October 2013 at 20: 59

    Congratulations. The baby was born in Thailand after all and mom is Thai. Then he will get Thai nationality.
    I can imagine two nationalities. So it was with my daughters. But these are half Brazilian and half Dutch…

  2. Hans Bosch says up
    6 October 2013 at 07: 09

    No idea whether the Belgian rules differ from those in the Netherlands. The following applies: acknowledge the child at the embassy before birth. Erna causes a lot of problems. After the birth, you can then apply for a Dutch passport for the child with (also) Dutch nationality. Children up to the age of 14 are exempt from visa requirements, so that will not cause any problems.
    I would choose Belgian surname on birth certificate. With that paper you can apply for a Thai passport for the baby.

    • Tino Kuis says up
      6 October 2013 at 07: 38

      Sorry, Hans, it is quite confusing what you write. In the present case, the names of the father and mother (married NB) are simply on the child's birth certificate, so you do not need any other 'acknowledgment'. If the father's name is not on the birth certificate, it must be done beforehand or afterwards, sometimes with a DNA test, to prove paternity. And why choose a Belgian family name? It really doesn't matter legally. The birth certificate always states the name of the mother, a Thai in this case, and the child therefore automatically has Thai nationality. Obtaining a passport is just a corollary of that.

    • Dennis says up
      6 October 2013 at 07: 47

      A “Deed of Recognition” can NO longer be drawn up at the NL Embassy in Bangkok. That was indeed possible in the past. Nowadays you have to have a proper document drawn up at the local Amphur, which of course makes things quite more difficult.

      I do not know whether the legislation in Belgium differs from the Dutch one, but it is important to keep a close eye on the embassy's site (or the reference to the central government's site). Rules and laws change regularly. Sometimes to the advantage, but often also to the detriment of the citizen; When applying for my son's Dutch passport, the rules were just relaxed (the requirements to meet Dutch citizenship), but when marrying a Thai, the rules are the same, but the procedure is more difficult and more expensive, because there is now a official statement must be made about the income, where in the past an employer's statement or tax return income tax (from NL) was sufficient. And those are just 2 examples that have recently been adjusted.

      • Hans Bosch says up
        6 October 2013 at 08: 23

        You are absolutely right Dennis. I was not aware of that, but through the site of government.nl it became clear to me that virtually no notarial activities are carried out in Bangkok. That should have been communicated better. In the three years that my daughter is now, a lot has changed.
        Obtaining a deed of recognition from a local amphur seems like quite a task to me. Sorry for the incorrect info.

        • Dennis says up
          6 October 2013 at 09: 12

          No apologies necessary Hans, my point is to consult the website of the embassy in Bangkok and the references to the site of the central government, because the rules are regularly adjusted.

  3. Tino Kuis says up
    6 October 2013 at 07: 10

    When the child is born, the hospital issues a statement recording the birth (time and place) and the name of the mother.
    With that statement you go to the town hall (the amphoe) where a birth certificate (Thai: soetibat) is drawn up. An important document! Keep the original safe! and immediately make 10 copies. It contains the names of the father, mother and their child, their identity details, nationality, etc. Come along, make sure you have your passport with you, check that all three names are written correctly and completely (in Thai, ask to an English teacher to 'translate' the names into Thai script), and your passport number. Record everything in advance on the basis of an existing birth certificate, then you will also see what information you need. The child then automatically automatically has Thai nationality; and it matters not at all what names you choose. Legalized English translation, check again whether the names are complete and spelled correctly, join the Belgian embassy and the child will also receive Belgian nationality.
    Almost all Thais have one (1) first name, but more than one is also allowed. My son is called 'Anoerak Karel', a Thai and a Dutch first name, (and the Dutch surname) very handy.
    If your child is given the surname of the mother, there are no consequences, except that you must prove that you are the father when travelling, so always take a copy of the birth certificate with you. It is a good idea to give the child the surname of the mother.

    • Hans Bosch says up
      6 October 2013 at 07: 58

      I was referring to two unofficially married partners. If the child is to acquire Dutch nationality without any problems (in this case) at birth, you must have a 'certificate of recognition' drawn up at the embassy before the birth in the presence of the father and the pregnant mother. After birth this causes a lot of problems. My father's and mother's names are listed on the birth certificate. There's nothing confusing about that, stating that in my case it's about not officially married.
      Precisely to avoid the problem of traveling with a child, I have chosen to state my own family name on the birth certificate and therefore also on the Dutch passport. It is easier to travel on it than on a Thai passport,
      And of course a child born in Thailand of a Thai father or mother also has Thai nationality.

    • Tino Kuis says up
      6 October 2013 at 11: 15

      Everything that could go wrong went wrong here, a rarity I think. Running off as a father and not taking any responsibility for the life you have brought into the world is disgusting, I just can't imagine that. $#@^%& Birth certificates are notoriously difficult to change. A few years ago there was a case of a man who had February 30th as his date of birth on his birth certificate (and ID card)! He finally managed to change that. I would sue the hospital and the amphoe, who knows what the judge decides.
      I do not believe that your story should be a reason to think about whether or not the father should be mentioned on the birth certificate, but it is a call to act carefully and properly. So prepare well. Luc now knows the pitfalls and the official procedure and can use it to his advantage.

    • Patrick says up
      6 October 2013 at 12: 01

      I recently read that it is no longer sufficient for the father to be Belgian for the child to automatically become Belgian as well. Apparently, the child must also be born in Belgium

  4. Rene Geeraerts says up
    6 October 2013 at 14: 00

    We have a son who was born in Bangkok and I have done the recognition of that child at the embassy of Belgium. My wife is Thai and has made the declaration in an amphoe in Bangkok. Now our smallest my name and in Thailand has a corrupted form of.
    He has AND the Thai nationality AND the Belgian nationality, so he does not need a visa to come to Thailand because he enters with his Thai ID and he goes to Belgium with his Belgian passport.
    The only thing you have to take into account later is that at the age of eighteen he is not suddenly called up for compulsory military service
    Congratulations on your baby and good luck with the birth

  5. HansNL says up
    7 October 2013 at 04: 58

    If you are deregistered from Belgium, you are therefore registered in Thailand.

    I assume for the moment that you are in possession of a yellow Tambien Baan?

    This contains the Thai ID number assigned to the foreigner AND the Belgian first and last name translated by the amphur.

    Use both, the names and ID number when prompted.

    • luc says up
      10 October 2013 at 08: 19

      No, Hans, I have not. I am legally married and have a Thai driver's license, that yellow booklet is not an added value, I have inquired in time about the added value. All doors also open without that booklet.

  6. luc says up
    10 October 2013 at 08: 12

    Thanks to everyone who took the trouble to formulate a meaningful answer, thanks for the useful information.


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