American Children Born in Thailand
Is your child born in Thailand a US Citizen?
If you are an American citizen but your child was born in Thailand, your child may be a US citizen by birthright. In order for your child to prove their US citizenship and receive a US passport, you need to register their birth with the State Department before they turn 18. This needs to be done at the US Embassy in Bangkok or the US Consulate in Chiang Mai.
Whether your child is eligible for US citizenship depends on a variety of factors. US citizenship laws differentiate between children born abroad to two US citizen parents and children who only have one American parent. When only one parent is a US citizen, it makes a difference whether that parent is the mother or father, and whether or not the parents were married when the child was born.
Both Parents are US Citizens
If both parents are US citizens, but their child was born overseas, the child will be a US citizen if either parent has ever lived in the United States.
Child Born in Wedlock, Only One Parent is a US Citizen
If the parents are married when the child is born, but only one parent is a US citizen, the child is a US citizen provided their American parent spent at least five years in the United States before the child was born. Two of these five years need to be after the American parent turned 14.
Any time you've spent overseas serving in the US Military or Foreign Service counts towards the five year requirement. If you spent part of your childhood living overseas with a parent serving in the US Military or Foreign Service that time will count towards the five years.
Child Born Out of Wedlock, US Citizen Father, Foreign Mother
If you are an American citizen father whose child was born overseas and out of wedlock, you will have to go through a few hoops to secure your child's US citizenship. First you will have to show clear and convincing evidence (such as a paternity test) showing you are the child's biological father.
Next you will have to show that you resided it the US for at least five years. Two of those years need to be after you turned 14. Any time you've spent overseas serving in the US Military or Foreign Service counts towards the five year requirement. If you spent part of your childhood living overseas with a parent serving in the US Military or Foreign Service that time will count towards the five years.
Finally, you have to sign an agreement promising to support your child until they turn 18, and an oath acknowledging that you are the father.
Child Born Out Of Wedlock, US Citizen Mother, Foreign Father
The Nor Sor Sam Gor, NS-3K or Confirmed Certificate of Use, is almost as good as a Chanote deed. A black garuda appears on a Confirmed Certificate of Use. A Confirmed Certificate of Use shows that the Land Department has confirmed and certified the owner's right to the land. Land parcels represented by these certificates have been unofficially surveyed, but not been officially surveyed, by the Land Department. The unofficial survey has been correlated with master surveys and sattelite photographs. Owners may petition the Land Department to officially survey the land and upgrade the title to a Chanote deed.
Confirmed Certificates of Use are kept at the District Land Department. The Certificate includes the total area of the parcel, the location information, survey information, and a sketch of the property. The certificates are numbered and dated. Full ownership and rental records are attached.
Landowners who own land titled with a Confirmed Certificate of Use only have one year to remove squatters before the squatters gain ownership through hostile possession.