- Two principles are adopted in the acquisition of citizenship: jus soli and jus sanguinis. Under jus soli, the child follows the citizenship of the place of his/her birth. On the other hand, under jus sanguinis, the child acquires the citizenship of the parents.
- In the case of Thailand, it is a combination of jus soli and jus sanguinis. The principle followed is jus sanguinis when one of the parents is Thai. The child born in Thailand automatically acquires the nationality of the Thai parent whether or not the marriage of the parents is registered in the country. The same principle applies when a child is born outside the country to a Thai parent. On the other hand, the principle of jus soli when both parents are considered as legal aliens in Thailand. The child acquires the Thai nationality regardless of the matrimony status of the parents.
2. If both parents are Filipinos and their application for foreign Thai citizenship is pending, will that affect the citizenship of the child born in Thailand during that period?
-Before Filipinos and other aliens can apply for naturalization under the nationality act of Thailand, he or she must first have a domiciled in Thailand for at least 5 years. As such he or she can already be considered a legal alien. Under the Thai law, children born in Thailand whose parents are legal aliens acquire the Thai citizenship under the principle of jus soli.
a. Once the application has been approved, will the child acquire the same citizenship?
- Once the application has been approved, the nationality of the child will not be affected since he/she is already a citizen of Thai.
3. If a child is born to a foreign father and therefore acquires the latter’s nationality, should s/he still be registered in the Philippines?
- Yes. Every birth of children who acquire Filipino citizenship under Sec. 1, Art. 4 of the 1987 Philippine Constitution must be registered in the corresponding civil registry of the place of birth under the principle of jus sanguinis. It is necessary to acquire the birth certificate and it serves as proof that a person is entitled to the rights conferred by his or her citizenship. Otherwise, non-registration shall consider that child as alien and therefore, he or shall have a limited legal capacity to in the everyday course of his life.
4. Why is it important to register the birth of a Filipino child outside the Philippines?
- The Report of Birth is a declaration of the birth of a child born abroad to parents at least one of whom is a Philippine citizen. Filipino parent/parents must promptly register the birth of a child with the Philippine Embassy or the Philippine Consulate General
- The report of birth can be used to prove that a person is a natural-born Filipino.
5. Who can register the birth of a Filipino child born in Thailand?
- The birth can be registered by the mother, father, physician or nurse (FA Form No. 40).
6. What are the requirements for registering the birth of a Filipino child born in Thailand?
- The requirements for registering the birth of a Filipino child in Thailand are:
1. Personal appearance of at least one parent (the mother if the child is illegitimate);
2. Four (4) sets of Report of Birth form;
3. One (1) passport size, colored picture of the child;
4. Birth Certificate of the child translated into English and duly authenticated by the Thai Ministry of Foreign Affairs;
5. Valid passports of the child’s parents and four (4) photocopies of the data-page of each passport;
6. One (1) original copy and three (3) additional photocopies of Marriage Contract of the parents.
· If the marriage was solemnized in the Philippines, the marriage contract must be duly authenticated by the National Statistics Office (Office of the Civil Registrar General) and the Department of Foreign Affairs (Authentication Division).
· If the marriage was solemnized under Thai law, the marriage contract must be translated into English and authenticated by the Thai Ministry of Foreign Affairs.
7. Payment of processing fee (THB875.00).
7. What is the procedure for registering in Thailand the birth of a Filipino child in that country?
- The birth of a Filipino child must be registered at the Philippine Embassy or Consulate for proper registration with the Office of the Civil Registrar in the Philippines. The following are the procedure for registration:
8. When should I file the application for registration?
- The registration must be made at the earliest opportunity to the Philippine Embassy. Ideally, the birth should be reported within 12 months from the date of the occurrence of birth.
9. What happens if I register the birth of my child after 12 months?
- When the parents fail to report the birth of their child within 12 months, the birth may still be registered upon the decision of the consulate officer of satisfactory evidence on the authenticity of the report. Since the registration is already considered delayed, the following requirements for the delayed registration of report of birth:
a. Report of Birth Form (FA Form No. 40)
o Entries mustbe TYPREWRITTEN OR PRINTED LEGIBLY.
o Entires must be at the time of birth of the child/subject.
o Must contain the printed names and signatures witnesses
o For applicants born without the jursodoctops of Chiacagp, New York, Washigton DC, Tokyo and Osaka form should be notarized by the notary public ,
b. Negative Certification of Birth Receipt from the National Statistics Office (CRS Form No. 1)
c. Birth certificate
o For Birth Certificates not in English language, kindly submit an English Translation of the BC
o - For applicants born in Sweden, Germany, Denmark, Estonia, Finland, Latvia, Lithuania and India the Ministry of Foreign Affairs of the country of birth must authenticate the birth certificate.
d. First passport of the child or travel document
o Photocopies of bio-data and data pages
o In case of unavailability, execute an Affidavit on the non-submission of document plus copy of valid/recent passport
e. NSO authenticated Marriage Certificate of Parents/Foreign Marriage Contract
f. Passport of parents used at the time of the birth of the child.
o Photocopies of bio-data and data pages
o In case of unavailability, execute an Affidavit on the non-submission of documents plus copy of valid/recent passport
g. 4 recent passport pictures the size photos
h. Notarized Affidvit of delayed registration
i. Notarized affidabad into 2 disintereeteds persons
10. Are there fees to be paid?
- Yes, there are fees to be paid. The processing fee is worth THB 875.