Practical guides · Family
My child’s father lives in another country: what nationality will my child have?
In seven of the eight countries, the law lets a mother who is a citizen pass her nationality to her child when the father is foreign, with some conditions. Myanmar is the exception. Here are the rules for each country, then the papers, and how a father far away stays close.
The child’s nationality, country by country
This section is about your nationality, passed to your child. Whether the child can also have the father’s nationality depends on the law of his country, not yours.
India: A child born in India is an Indian citizen by birth if one parent is Indian and the other “is not an illegal migrant at the time of his birth” (Citizenship Act 1955, s.3(1)(c)). An illegal migrant is a foreigner who entered India without valid papers, or stayed longer than allowed (s.2(1)(b)). So if the foreign father is in India lawfully at the time of the birth, or is not in India at all, the child is Indian.
If the child is born outside India, the child is an Indian citizen by descent if one parent is Indian (s.4(1)). But the birth must be registered at an Indian consulate within one year, and the parents must declare that the child does not hold another country’s passport. After one year, registration needs the permission of the Central Government.
We found no rule on how the law treats a child whose father is not recorded at all.
Malaysia: A person born in Malaysia is a citizen if at least one parent is a citizen or permanent resident at the time of the birth (Federal Constitution, Second Schedule, Part II, s.1(a)). For a child whose parents are not married, the Constitution reads “father” or “parent” as the mother (Part III, s.17). So a child born in Malaysia to an unmarried Malaysian mother is a citizen through her, whatever the father’s nationality. The Federal Court applied s.17 this way in 2021.
For a child born outside Malaysia, the rules are less clear. A constitutional amendment passed in October 2024 gives citizenship to children born abroad to Malaysian mothers. On 24 October 2026 we found no date on which it comes into force. The National Registration Department decides these cases.
Indonesia: A child born outside a legal marriage to an Indonesian mother is an Indonesian citizen, wherever the child is born (Law No. 12 of 2006 on Citizenship, art. 4(g)). If a foreign father legally recognises the child, the child stays Indonesian (art. 5(1)). If this gives the child two nationalities, the child must choose one in writing within 3 years after turning 18 or marrying (art. 6).
Thailand: A person born of a Thai father or a Thai mother is Thai by birth, whether born inside or outside Thailand (Nationality Act B.E. 2508, s.7(1)). Marriage does not matter. The child of a Thai mother is Thai, whatever the father’s nationality.
Vietnam: A child whose mother is Vietnamese and whose father is unknown is Vietnamese, whether born in Vietnam or abroad (Law on Vietnamese Nationality 2008, art. 16(1)). If the father is named and foreign, the child is Vietnamese if both parents agree to choose Vietnamese nationality when they register the birth (art. 16(2), as amended by Law No. 79/2025/QH15, in force 1 July 2025). So if he recognises the child, you choose the child’s nationality together.
Cambodia: A child born of a Khmer father or mother has Khmer nationality, wherever the child is born (Law on Nationality 2018, NS/RKM/0618/008, art. 9(1)). This law replaced the 1996 law, which treated children of unmarried parents differently. The mother’s marital status no longer matters. The official text is in Khmer only, and the Ministry of Interior is responsible.
Laos: If one parent is a Lao citizen, the child is Lao by birth if born in Laos, or if born abroad while at least one parent has a permanent address in Laos (Law on Lao Nationality 2004, art. 11). If both parents live permanently abroad, the parents decide. The law was amended in 2017, and we could not find the new text in English, so check these articles with the Ministry of Home Affairs.
Myanmar: The rules in Myanmar are different, and you should know them before you decide. Under the Burma Citizenship Law 1982, a child is a full citizen by birth when both parents belong to the citizen classes the law lists (s.7). None of those cases covers a citizen and a foreigner. A child of a Myanmar citizen and a foreign father is not a full citizen at birth. The child may only apply for naturalised citizenship (s.43(a)), the lowest class.
Under s.44, the applicant must be at least 18 and speak one of the national languages. Naturalised citizenship can be taken away “in the interest of the State”. The Child Rights Law 2019 (s.22) links a child’s citizenship to the existing law, so it does not change this. We found no text on how a child with no father on record is treated. The immigration department decides.
A passport with only your name
A child who lives with you and visits the father, or travels with you to see him, needs a passport.
- India: since December 2016, the passport form asks for the name of the father or the mother or the legal guardian, so one parent is enough (Ministry of External Affairs announcement). The Supreme Court said in 2015 that the father’s name is no longer needed for a minor’s passport (ABC v. State (NCT of Delhi), para 19).
- Other countries: we could not find an official text on a child’s passport with one parent named. Ask the passport or immigration office before you plan a trip. Register the birth first: see Registering the birth.
For his visits to you, he needs a visa that fits his passport and your country. The rules change often. Check them on your government’s official visa website, and plan early, because visas take time.
Staying close from far away
Many families live with a parent in another country. A stable home and the same person caring for the child every day are things you give. Regular, warm contact with the father is what you build together. These ideas come from the experience of families, not from a study:
- A fixed time for calls. The same day, the same hour. The child knows when they will see their father, and looks forward to it.
- Let the child lead. A drawing, a song, a school book. For a small child, ten minutes is enough.
- Do something together. Read a story, look at homework, sing.
- Think about the time difference. Choose an hour that suits the child, not late at night.
- Prepare the visits. Count the days before, look at photos after.
Your part matters. The child sees the father partly through your words. Speak about him simply and fairly. When you disagree with him, talk about it between adults, not in front of the child.
Checked October 2026. Laws change: check the rules in force in your country. For nationality, the office that decides is the National Registration Department (Malaysia), the Ministry of Interior (Cambodia), the Ministry of Home Affairs (Laos) and the immigration department (Myanmar); in the other countries, ask the civil registry where the birth is registered, or your consulate if the child is born abroad.
Sources
- India: Citizenship Act 1955, ss.2(1)(b), 3 and 4, as amended by the Citizenship (Amendment) Act 2003 (Act No. 6 of 2004); Ministry of External Affairs, announcement of new passport rules, December 2016; ABC v. State (NCT of Delhi), Supreme Court, 6 July 2015, checked October 2026.
- Malaysia: Federal Constitution, Second Schedule, Part II s.1 and Part III s.17; Federal Court, CTEB case, 28 May 2021 (reported); Constitution (Amendment) Act 2024, passed by the Dewan Rakyat 17 October 2024 (start date not found), checked October 2026.
- Indonesia: Law No. 12 of 2006 on Citizenship, arts 4(g), 5(1) and 6, checked October 2026.
- Thailand: Nationality Act B.E. 2508, as amended (No. 2) B.E. 2535, s.7(1), checked October 2026.
- Vietnam: Law on Vietnamese Nationality No. 24/2008/QH12, art. 16, as amended by Law No. 79/2025/QH15, checked October 2026.
- Cambodia: Law on Nationality, NS/RKM/0618/008, 21 June 2018, art. 9 (Khmer text), checked October 2026.
- Laos: Law on Lao Nationality (amended), 2004, art. 11 (National Assembly Law Committee translation), checked October 2026.
- Myanmar: Burma Citizenship Law 1982, ss.7, 43 and 44; Child Rights Law 2019, s.22, checked October 2026.
In Option A, he lives far away. He calls about once a week and visits once or twice a year, more as the child grows. See staying in touch.