Adoption of a child in Thailand

What is an adoption?

"Adoption is the act of legally placing a child with a parent or parents other than those to whom they were born. An adoption order has the effect of severing parental responsibilities and rights of the original parent(s) and transferring those responsibilities and rights to the adoptive parent(s)."

How to apply for adoption of a Thai child?

Foreigner who has domicile outside Thailand can submit the application through authorized agency or the Competent Authority to DSDW or the non-governmental child welfare agencies.

Foreigner who has domicile inside Thailand and proof of residency and house registration can submit the application where the domicile is. The person who has domicile in Bangkok can submit the application at Child Adoption Center. The person who has domicile outside Bangkok can submit the application at the Department of Social Development and Welfare of each province.

Foreigner who has temporary domicile inside Thailand and work permit from Labor Department of Ministry of Labor and reside at least 6 months in Thailand before filing the application can submit the application with the required document which certify with embassy or consular in Thailand.

 Adoptive Applicant

Applicant contacts through the competent social welfare authority in their country such as the governmental organization which is responsible for Social Welfare (Competent Authority) or the non-governmental Child Welfare Organization which is licensed by their Government to handle the matter as following;

1. A Home Study Report should concern about living and family and photos of interior and exterior of house.

2. A statement of approval made by the Competent Authority or the responsible authority as the case may be, confirming that the applicants are qualified for adoption and are in all respects suitable to be the adoptive parents.

3. A statement made by the Competent Authority agreeing to supervise the pre-adoption placement of a child in case such placement is granted to the applicants and to provide three bi-monthly progress reports to DSDW. The pre-adoption placement period is a probationary period of not less than six months.

4. Your application form for Child Adoption

5. Copy of passport or related document. Residency certificate.

6. Copy of Marriage certificate ( In case that there is a previous marriage, please attach divorce certificate, Marriage certificate is more than six months)

7. Medical certificate verifying good physical health and mental stability indication.

8. Document certifying occupation and income.

9. Document certifying current financial status (dating back not more than six months)

10. Document certifying asset

11. Four photographs of the applicant and spouse (if any) size 4.5 x 6 cm, applicants' children and the home area (photograph taken dating back not over than six months).

12. Copy of Law, regulation or document form relevant authorities of the country of domicile or residence of the applicant certifying the eligibility of the applicant to adopt a child.

13. Copy of Law, regulation or document from relevant authorities of the country of domicile or residence of the applicant certifying the eligibility of an adopted child to enter into such country. The prospective parents should check with their immigration authority of a child's entry visa before applying.

14. Letter of consent for adoption from the applicants' spouse or a approval order of the court in lieu of the spouse's consent (if any)

15. Copy of work permit of alien and employment contract.

16. References certifying the suitability of the applicants for adoption from at least two persons.

17. Criminal Record (from the country of domicile AND residence)

18. Confirmation from the Competent Authority or concerned authority that after the adoption is finalized under the Thai Law, it will also be legalized under the concerned Law of the applicants' country when due.

All required documents from no.5 -14 have to be certified by the Royal Thai Embassy or Consulate in that particular country.Documents which are not in English language must be attached with English or Thai translations and be translated and certified by the authorized translator.In case the applicant resides in the country other than a country of domicile, document certifying such residency and period of not less than six months for taking care of the child before adoption.

The Parents of Adopted Child

They must give the following documents:

1. Identification of parents of child. 2. House Registration 3. Marriage Certificate. 4. Divorce Certificate and divorce agreement concerning child custody or court order. 5. In case that father and mother of child are not legally married and unable to find the father, the authority officer will interview the mother with 2 witnesses at the child adoption center and certify that:

5.1 The father and the mother of child haven't registered their marriage. 5.2 The father hasn't registered the child and separated. 5.3 No judgment concerning that the father is legal parent. 5.4 Not be able to find the father of child to sign the consent.

6. Letter of consent of authorized person 7. Letter of consent of father 8. Four photographs of the father, the mother and the child size 4.5 x 6 cm, and family 9. Other relevant document such as death certificate, name change certificate etc.

Adopted Child

1. Birth Certificate of adopted child

2. House Registration

3. Four photographs of the adopted child size 4.5 x 6 cm

4. Letter of Consent of the adopted child

5. Other relevant document.

Procedure in Thailand:

1. When all required document are received, they will be submitted to the Child Adoption Board which will review all qualification of adoptive parents.

2. The authority officer will submit the evaluation to the Board and informed to the applicants through Competent Authority whether or not they are approved as prospective adoption parents.

3. In case the adoption application is processed through the Authorized Agencies, DSDW is entitled to review and investigate the background of the child to be adopted in order to be confirmed that the child is legally available for Inter-Country adoption.

4. In case the prospective parents accept the child the case will be further submitted to the Child Adoption Board and the Director General of the DSDW for approval of pre-adoption placement either in Thailand or aboard. In case the prospective adoptive parents living aboard, he case will be accordingly submitted to the Minister of the Ministry of Social Development and Human Security for a permission to take the child out of Thailand.

5. When the pre-adoption placement is approved, an appointment is made by DSDW for the prospective parents to be interviewed by the Child Adoption Board and issue document for the child's travel. The prospective parents will have at least 6 months to the probation of child.

6. After six months probation, 3 home study reports are satisfied. The authority officer will submit summary report to Child Adoption Board for approval.

7. DSDW will notice to the Ministry of Foreign Affair about the matter. The prospective parents may register their adoption at Thai Embassy or Thai Consulate. In case that the prospective parent resides in Thailand, they may register adoption at district office.

Ministry of Foreign Affair will send a set of adoption application to DSDW to confirm that this case has completed.

The basic criteria for prospective adoptive parent(s) are:

Being legally qualified to adopt a child under the law of your home country:

Applicant is over 25 years of age. Be at least 15 years older than the child to be adopted. The adopted child is over than 15 years must consent. In case that the adopted child is minor, it must- consent of both parents. In case that either mother or father passes away, one has to consent. In case that there is no consent person, the legal representative or prosecutor asks the court's permission. The consent of spouse.

Thailand is part and ratified the Hague Convention on Intercountry Adoption entered into force 1 May 1995.

The text was written by Mr. Broussean, Managing director of http://www.isaanlawyers.com. You will also find a copy on http://www.thailawonline.com.