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Recognition procedure Thai child

By Submitted Message
Posted in Thailand in general
Tags: ,
July 14, 2019

Dear readers,

I want to start a recognition procedure at the Dutch embassy in Bangkok. Our daughter is now almost 4 years old. I can find very little information on the internet, and before contacting the embassy I would like to know a bit more about the state of affairs at the moment.

Should I look for it in the corner of “Judicial Determination of Paternity” via Lawyer?

Daughter born out of wedlock, in Thailand. I am fully resident in Thailand. (deregistered in the Netherlands) and have taken care of education from birth together with my girlfriend.

Has anyone had this on hand for the last 1-3 years, (I saw Ger-Korat had) willing to post some info.?

Thanks in advance.

Regards,

Peter

Number of times read: 268

12 responses to “Recognition procedure for Thai children”

  1. Ger Korat says up
    14 July 2019 on 10: 27

    Yes, I have already gone through the procedure to recognize my children, twice already. So it is about acknowledging your child because you are not married.
    In general: first collect all relevant information such as official proof of unmarried status of both parents, birth certificate. Then to the court where you inquire which lawyer wants to arrange a recognition procedure and he will arrange all official matters at the court. This is followed by an investigative interview with Thai child protection where the most important element is whether you contribute financially and/or have income and the relationship is discussed, sometimes this happens separately, sometimes together with your partner. Then (a few months) follows the session at the court in the presence of 1 or more judges (experienced both) and there your lawyer asks you important questions for the judge(s) and you answer them. You will receive the official statement with which you can obtain the deed of recognition from the municipality. Then take all these documents to a translator who can also legalize the translation in Bangkok (or bring it yourself). After that, you can apply for the procedure of a passport for your child at the embassy, ​​which is simultaneously the application for Dutch citizenship for her.

  2. RuudB says up
    14 July 2019 on 10: 52

    Dear Peter, a stream of information can be found via Google. Type the words recognition child abroad etc and start informing yourself.
    Tip: first recognize your daughter in Thailand. Have a recognition document drawn up by a Thai authority, eg Amphur. Go with this (translated, legalized) to the NL Embassy to have the recognition entered in the NL administration, if this is what you want.

    • Ger Korat says up
      14 July 2019 on 12: 49

      Dear RuudB, the questioner indicates that he lives entirely in Thailand, so what does a “NL administration” have to do with that? And the recognition takes place in Thailand, so information from the Netherlands as a basis is irrelevant. What is relevant is how you can obtain recognition in Thailand and also what the requirements are to obtain a Dutch passport (and corresponding nationality) if you live in Thailand with the help of this recognition. You also apply for the passport in Bangkok.

      • RuudB says up
        14 July 2019 on 23: 11

        Dear Ger, that was not the question. Read it carefully first. Peter indicated that he wanted to be informed. There is nothing wrong with informing yourself broadly and extensively, especially if the question starts with the comment about starting a procedure at the NL embassy. An incorrect assumption, hence my tip to first complete the recognition in TH, and then to the NL embassy. Because that is what the questioner indicates he wants. I also inform Peter that he can enter the NL administration via the embassy, ​​if that is what he is!

  3. Erwin Fleur says up
    14 July 2019 on 20: 25

    Dear Peter,

    This is quite complicated what you ask.
    You actually want your child to become a Dutch national at the Dutch Embassy.
    You have been deregistered in the Netherlands, so this will not be possible.

    You are not married are you? In Thailand?

    If you want to adopt the child or, in your case, want to be the legal father, you can
    go with your wife to the churches in Thailand and recognize your daughter (even if you are not married).
    This is simply possible. If the child has a Thai father, you will first contact the father
    need to ask for permission (I assume not the case).

    I have already reported/answered this a number of times on Thailandblog.
    You may have a clue to proceed with this.

    Yours faithfully,

    Erwin

    • Ger Korat says up
      15 July 2019 on 09: 07

      Dear Erwin, read my first response above. This is the way things go everywhere in Thailand, know several cases and my own 2 where it happened, so I am an expert by experience.
      A child with a Dutch father or mother can always acquire Dutch nationality, wherever you live. If you are unmarried and living in Thailand, you first follow a recognition procedure, after which the Dutch nationality for the child can be applied for and obtained!
      Acknowledging that with the municipality is incorrect, see my letter, as a final step, the municipality issues a deed of recognition after the court's verdict.

  4. Peter says up
    15 July 2019 on 04: 03

    Thanks Ger-Korat and RuudB for input.
    I had also already heard that the procedure would probably be easier if I first married my girlfriend.
    Will let my girlfriend search for information in Thai, as it turns out that we have to finish that first. (That makes sense, but I hadn't thought of that.)
    Thank you
    Peter

    • Ger Korat says up
      15 July 2019 on 09: 51

      Marriage is completely unnecessary for this, in every respect, I think (but this aside).
      The procedure is quite simple once you've gone through it. Follow my steps and if you want info, maybe you can pass on your email. Even in the Roi Et, small town, people knew exactly what I meant and the lawyer was found in the courthouse. Made some copies on the spot of passport, birth certificate and ID mother and off he went to work.
      As far as getting married is concerned, you are already too late because the child was born before your possible marriage, so you cannot escape the recognition. But don't worry, everything will go smoothly, at least if you are willing to spend a total of about 40.000 baht, for everything from the beginning (requesting an extract for being unmarried or divorced from the Netherlands) to the cost of a minor child's passport issued at the embassy.
      The advantage of recognition is that, in addition to acquiring Dutch nationality for your daughter, you also get legal say in Thailand. This is important for my 2nd child in Thailand because my girlfriend has several companies, houses and land. Partly for this, it is important that if something happens to her, I can act as a parent with legal authority and act for our child during the minor age. Because you are not married, you do not have the obligation as a foreign spouse to sell this property within a year (inheritance law). And another advantage of not being married is that my girlfriend regularly signs official documents and as a husband I would have to give permission and sign for agreement. Well then better not being married makes business easier for her and happiness for me because have several reasons not to be married.

  5. Peter says up
    15 July 2019 on 06: 16

    Hi Erwin, thank you also for input.

    I am listed as a father on a Thai birth certificate.
    On paper I am still married to the mother of my 2 other Thai daughters. (They did receive Dutch nationality at some point, due to other Dutch regulations at that time.) lol
    So deal with divorce first. (doesn't pose a problem) Luckily only ever married for Thai law. Not in the Netherlands.
    Peter

  6. TheoB says up
    15 July 2019 on 09: 07

    Perhaps the next comment is superfluous, but I'll make it anyway just in case.

    In the Netherlands, only in the case of a marriage or a registered partnership, recognition of a child also means that you acquire parental authority over that child. In all other cases, you must apply for parental authority with the mother's consent.
    I don't know how it is in Thailand.
    Many a biological father who thought he also had parental authority with a recognition has come home from a rude awakening.

    https://www.rijksoverheid.nl/onderwerpen/ouderlijk-gezag/vraag-en-antwoord/rechten-plichten-ouderlijk-gezag
    https://www.rijksoverheid.nl/onderwerpen/ouderlijk-gezag/vraag-en-antwoord/gezamenlijk-gezag-kind

    • Ger Korat says up
      15 July 2019 on 10: 14

      Yes, it's good that you reported it. The certificate of recognition issued after a court decision gives you parental authority in Thailand. It is not about who the father is, I understand, although most will be the biological father and have also stated this on the birth certificate. This parental authority is the only thing you can do with the deed of recognition in Thailand, because why else recognize the child? Doing a DNA test would then be sufficient, but this is apparently not possible for Dutch and Thai law.

  7. Harold says up
    15 July 2019 on 11: 19

    I read with great interest the submitted documents and the readers' comments regarding adoption in Thailand.
    I have a question for Ger-Korat who, with his information, is closest to my situation and perhaps you can tell me more about the procedure you followed with regard to the recognition of a Thai child by Thailand.
    First, a few words about my own situation.

    I have been living permanently in Thailand for 13 years in my own home, I have completely deregistered from the Netherlands and have lived together for almost 9 years (but we are unmarried) with my Thai partner and both take care of her Thai son who has been with us since the age of 6 (he is now 15 years) lives with us.
    I don't want to officially get married in Thailand (that's how it goes) but I do want to recognize (adopt) her son and let him obtain his Dutch nationality.

    I will be grateful if you would do me that service in the form of a kind of script with a logical order of things to be done .
    Possible advice on a lawyer who has experience?
    Cost estimate ?

    With many thanks
    Harold


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