Does my Thai child have to be recognized before birth?

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November 25 2018

Dear readers,

I am a Dutchman who is officially married to a Thai and has been living and working together in Bangkok for several years. To our great happiness, my wife is now almost 2 months pregnant!

Now I heard from several sides that I have to register BEFORE the birth in recognition that it will be my own child. I have gone through the website of the Dutch Embassy in Thailand, as well as the website of Foreign Affairs in the Netherlands, and I have not found anything about it.

Does anybody have experience with this?

Yours faithfully,

Martijn

13 responses to “Should my Thai child be recognized before birth?”

  1. They read says up

    No, in the hospital you have to sign papers before the birth that you are the father, after the birth there is a whole paper shop in the hospital, where a document is also drawn up for the municipality where it was born, in my case of Udon Thani, where you must report within 3 weeks and then you will receive an official birth certificate with the name of the father and mother including their nationality, the declaration for Dutch nationality must be made with official translated documents, what is possible in Bangkok, you must report inz, unfortunately yes we can't make it more fun, The Hague

    • French Nico says up

      Dear Lee,

      I don't understand your answer. Martijn is officially married to the expectant mother. By law, Martijn is the father and 'recognition' is completely unnecessary.

  2. Bart says up

    Seems strong to me how can you recognize something that is not there yet, after all you don't know whether it will be born alive. Although I sincerely hope that will not be the case.

    • French Nico says up

      Of course. You acknowledge the unborn child (if you are not married or a registered partner) so that you, as the biological father, can participate in the decision in the event of a complication during the pregnancy or during childbirth if this proves necessary. If you have not acknowledged the child, you have no say whatsoever.

  3. janLao says up

    I don't think it has anything to do with recognition. BUT you have to register your child as a Dutch citizen. At least that's how I understood it.
    I am Dutch, my wife is Laotian and we lived in the Netherlands during the pregnancy, but in Laos during the birth. My wife gave birth in Mukdahan at the Muk Inter hospital, a private hospital. After the birth, the doctor filled out a form and together with two sisters we went to the municipality. (My wife was not yet able to come along herself) I reported my son there with the two sisters as witnesses. The form issued by the municipality states that my son, including his names, was born on such and such a date. that the mother is so and so and Laotian. That I am the father and Dutch.
    That form had to be translated again for the Dutch Embassy and stamped by the Foreign Affairs of Thailand.
    Once everything had been arranged, I could immediately apply for a DUTCH passport for my son (for a fee, of course).
    All in all it took me no more than half a day in Bangkok. !

  4. Right says up

    A kin of whom one of the parents is Dutch (in the case of the questioner that is the father) automatically becomes Dutch by birth. Provided that the veader is married to the mother. You don't have to do anything else for that.

    If the child is born in the Netherlands and the marriage is known, the father will automatically appear on the birth certificate.
    I don't know how that will go in Thailand.

    It is then important for the Netherlands that a foreign marriage is registered in the basic registration of the NL municipality if the father still officially lives in NL. In addition, it is smart to also have that foreign marriage certificate converted by Landelijke Taken of the municipality of The Hague. See https://www.denhaag.nl/nl/akten-en-verklaringen/akten/buitenlandse-akten-in-een-nederlandse-akte-omzetten.htm

    Do the same in due course with the birth certificate of the child born in Thailand. He or she may be eternally grateful to you in the future (because you will never have to go after an original and freshly legalized birth certificate from Thailand to obtain an extract from The Hague).

    All a bit of a hassle, but if your wife doesn't give birth next week, I still have plenty of time, at least for the marriage certificate.

    For example, it is established for all relevant Dutch authorities that the child has Dutch nationality. Because it is Dutch, it can also apply for a Dutch passport. If you want to spend a lot of money on that, you can already do so in Thailand, but it is really unnecessary.

    If it also wants to travel to NL, I assume this is with the mother. Both then simultaneously apply for a visa that will be issued free of charge (I assume also for the child, but I have no practical experience with that). Once in NL, it will suffice for the child to apply for the cheap national ID card (or a slightly more expensive passport, both are valid for a child for five years). It can travel with it within the EU and back and forth to Thailand.

    A Dutch passport is only required if the child would like to travel to countries for which Thais do have a visa requirement and the Dutch do not. That personal situation is of course different for everyone.

    In NL, the child of course also has a right of residence without a passport (after all, it is a Dutch citizen).
    The mother as a nurturing parent (let her continue to breastfeed as long as possible) as well. Here she applies to the IND for an assessment against EU law and receives a residence card that is always valid for five years. At least until her child is 18.

    • French Nico says up

      “Once in NL, it will suffice for the child to apply for the cheap national ID card (or a slightly more expensive passport, both are valid for a child for five years). It can travel with it within the EU and back and forth to Thailand”.

      Dear Prawo,

      It is not possible to travel between the Netherlands and Thailand with a national ID card.

  5. The child says up

    In my opinion you should only acknowledge the child if you are not married to the mother .

  6. Gerard says up

    Completely unnecessary. If you are legally married, the child is legally Dutch

  7. Piet says up

    I understand that If you are married 'before Buddha', so not legally and you have fathered a child with your girlfriend, then it is important that you inform the Dutch Embassy of the 'fertilization' before the birth
    Is that really so?
    Otherwise, if you fail to do this, the child can only be recognized, i.e. eligible for Dutch citizenship, after a DNA test... is this so?

    • French Nico says up

      If the (biological) father is legally married or a registered partner of the (as) mother, then recognition is not an issue. By operation of law, the legal spouse is automatically the legal father of the child with all associated rights and obligations.

      If the (biological) father is not legally married or registered partner of the (as) mother, the (biological) father must acknowledge the child if he wishes the same rights and obligations as being married or registered partner of the mother, however, with the exception of parental authority.

      Recognition of a child can be registered after birth or the unborn child before birth. Both are legally valid, on the understanding that recognition does not automatically imply that parental authority is also acquired. In the Netherlands, this can be done by registration in the authority register at the court. In Thailand, authority must be applied for at the (juvenile) court (multi-judge panel). A lawyer is required for this. This is only given if a number of conditions are met. In both cases, approval must first take place.

      Recognition in the Netherlands of the unborn fetus takes place at the municipality where the mother is likely to give birth and, after delivery, at the municipality where the delivery took place. For recognition and birth, read more here: https://www.nederlandwereldwijd.nl/wonen-werken/geboorte-aangeven-in-het-buitenland/thailand

      In case of birth in the Netherlands, an International Birth Certificate must be requested with the registration. Please note: an authentic birth certificate is only issued once in the Netherlands. The normal or an international one. With the international birth certificate, the birth can be registered at the Thai embassy in The Hague.

    • Gerard says up

      That's right. The child is only legally Dutch if one of the parents is Dutch and is legally married to the non-Dutch father or mother.

      The fruit recognition must then take place first.

  8. Peter says up

    Our son was born in the hospital in Bangkok. The hospital has a reporting office. After being discharged from the hospital we got a Tais and a Dutch passport.
    Not acknowledging anything in advance.


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