Understanding Child Law In Thailand
Children almost always form part of the plan when getting married. Most people like to have children when they settle down. The presence of young, energetic laughter can light up a home and bring so much joy and happiness to a family. That’s why it is just natural that when you are newly married, you would think of having children.
However, having children is not as simple and easy as you might think. It entails a lot of responsibility and accountability. If you are a parent, you would naturally be concerned about your children’s welfare.
Being prepared and concerned is applicable to parents of all nationalities and this is the reason why you should know more regarding the status of your children if you and your spouse are of different nationalities. When you get married with your Thai girlfriend, you must also think and plan for the citizenship of your offspring.
Because you come from different nationalities, there might be a conflict or overlapping of the laws of the US and Thailand with regards to the nationality of your child. This can be a bit of a challenge compared to when both parents have the same nationality but not necessarily hard and complicated for you to determine.
The laws of Thailand and US provide guidelines in determining the nationality of your child. These countries provide clear provisions regarding the citizenship of children borne from a Thai and American marriage. Although these laws may have some difference, it does not mean that it cannot be reconciled and made applicable for the best interests of your child.
Will my children be Thai? – Dual citizenship?
Thai laws
First of all, you have to know that when your Thai girlfriend becomes your wife, she does not lose her Thai nationality even if she has acquired your American nationality. She will remain a Thai citizen in the eyes of the Thai law.
The law states that a person will remain a Thai national unless he or she wishes to renounce his or her Thai nationality or such nationality is revoked. Renunciation can be done by declaring such intention before a competent authority, and revocation of Thai nationality is done by the Government of the Kingdom of Thailand.
The Thai Nationality Act provides that a person born to a parent (mother or father) of Thai nationality within Thailand or overseas may acquire a Thai nationality. This means that if either of the child’s parents is a Thai national, the parent may choose to give the former a Thai nationality. Since your wife remains a Thai national, your child will benefit from it and acquires a Thai nationality by birth or by descent.
The law of Thailand as a general rule does not recognize dual citizenship. An exception to this rule is a child born abroad to Thai parents and obtaining citizenship of the foreign country of birth has dual citizenship until he or she reaches 18 years old, the age of maturity, at which point he or she must elect which citizenship to keep.
Keeping this in mind, even if your child will be recognized as a dual citizen in the US, as far as Thailand is concerned, your child has only one citizenship, that of a Thai national, unless your situation falls under the exceptions.
American Laws
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.
As a general rule, an unmarried father cannot pass on American citizenship automatically to his children born overseas. However, if the parents marry subsequent to the birth, the child normally becomes an American citizen at that point if legitimated by the marriage and the father was eligible to pass on American citizenship.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:
A blood relationship between the person and the father is established by clear and convincing evidence;
The father had the nationality of the United States at the time of the person’s birth;
The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
While the person is under the age of 18 years — the person is legitimated under the law of his/her residence or domicile, the father acknowledges paternity of the person in writing under oath, or the paternity of the person is established by adjudication of a competent court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimization prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimization prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).
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