Dear readers,
Does anyone have recent experience in registering a child so that you are legally the (unmarried) father for Thai law?
My now 11-year-old son from a relationship with a Thai woman has Dutch and Thai nationalities. He was born in Thailand and obtaining passports was no problem at all because a “recognition of the unborn child” had been obtained before the delivery.
We also have an official extract from joint parental authority (Amsterdam court). My name is on the birth certificate, but I recently found out that an unmarried father is not considered a legal father according to Thai law and therefore has no right to speak.
There seems to be an option under the Civil and Commercial Code of Thailand (CCC), section 1547, to have the child registered as your child on the Amphur so that you are legally the father and therefore have rights, equal to a Dutch extract of joint parental authority. However at the Amphur in Phuket they are not well aware of this legislation and they ask for (non specific) personal documents to be translated into Thai, legalized by the Dutch embassy in BKK (who don't seem to do this) and further certified by the Ministry of Foreign Affairs in BKK.
Mother and child have no objection to the registration, so it does not require a court decision.
Regards,
Wilco
I'm in the exact same situation and looking forward to any responses.
This question has been asked many times before. In my opinion, the only route through a lawyer is to arrange an official adoption (so you have to go through the court anyway).
(NB: it is not clear to me why the embassy would not cooperate in legalizing documents, because that is one of their tasks.)
Dear Wilco,
Here is my own experience.
What you write that you have already done is very correct. What you want is (joint) parental authority over your 11-year-old son under Thai law. The Amphur is not yet up for discussion.
Contact a lawyer who is familiar with this matter. We have used the services of a young lawyer in Bangkok. He submits a request to the juvenile court (in the city where your municipality of residence falls) to obtain joint parental authority in Thailand. You and your lawyer will then be invited to have a conversation with a civil servant in court. A report is drawn up. An appointment is then made for the oral hearing, usually before three juvenile judges. There you and your partner will be questioned under oath. You may be at your partner's interrogation, but they may not be at your interrogation. I do not know why. Your partner will be asked whether she really wants joint parental authority and whether you are taking good care of her and your son, including financially. You will be asked questions about your position in the relationship and how you care for mother and child. In my case, my lawyer also acted as an interpreter (there is no need for a sworn interpreter to be present). Afterwards you will be told when you can expect a decision. We received the decision the next day.
With the decision and possibly other documents (which the lawyer will provide) you go to the Amphur for registration. Only then is legal parental authority complete.
I would also like to note that very personal questions are sometimes asked during an oral interview with a civil servant. I was very angry about that and I made it known. It was so different with the three female judges. One mainly did the talking. They were extremely friendly and understanding.
What matters most is whether you take good care of mother and child. If there are any doubts about that, things can turn out differently.
If you want to use the same lawyer, you can send an email to “fransnico at hotmail dot com”. He tells you in advance what the costs are. He accompanies you on every court visit. All travel and accommodation costs are included in the pre-specified costs. So you know where you stand financially.
Good luck,
French Nico.
If the child was born while you were/are married to a Thai (married at the Amphur) you are automatically the legal Father. Marriage only for the Buddha is not a legal marriage and you must acknowledge the child. He is eleven years old and he is then asked if you are the Father, etc. This is done from the 7th year, earlier is not possible. But yes, it is Thailand and the official has the last word. Where I live, the Amphur didn't make a fuss about that. My daughter and son were both born in a hospital and are registered directly with the Amphur by the hospital. I was unmarried. Now it comes, the hospital has to give the Father's name and that is then registered. In this case Chonburi city. After that, you are obliged to transfer the registration of the child to your place of residence, within a certain time on pain of a fine. This was done and I was registered as a legal Father on the Amphur, so recognized, because that was already done by the hospital TIT!
Wrong Theo. You have been recognized as the legal father, but that does not mean that you have obtained legal parental authority. That is the case in the Netherlands and that is the case in Thailand. In the Netherlands it is simply arranged by registration with the court in the 'authority register'. In Thailand, it must first be ordered by the court, after which the legal parental authority is registered with the Amphur. That is not the same as registering that you are the father.