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Adopting a Thai (adult) national - what document Thai laws require FROM our embassy?


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Posted

I'm looking into a process regarding my Thai partner either giving him power of attorney or adopting him (as my adopted "son", he's 43, I'm 67). Simply put I just want him to be the (sole) heir to my worldly-stuff-on-Thai-soil when I (legally married then divorced from US marriage once, no children) kick the bucket. We went to the local district office in Bangkapi (Bangkok) and the requirements were 1) there's a minimum of 15 year age gap - the lady took out the calculator, punched in the numbers then nodded - and 2) document(s) from the US embassy since I'm a Yank.

 

My understanding is that no it's not a background check ie police report or the like; but something of an affidavit/letter from the embassy saying that "it's ok" (the lady cited one of the qualifications as "being single/unmarried" - maybe she meant no other family members wanting to get in the way...) for this farang to adopt a Thai national. I'm not bringing him to the US or trying to get him any benefits derived from the US government (gay marriage is out of the question since it's not recognized here.) Basically I just want this process of inheritance to be carried out under the jurisdiction of Thailand. I would like to hear any forum members who have gone through such process and what's the lowdown on how to do this. Is there a name for this kind of letter/affidavit? I looked on the US embassy website and only "Child Adoption" is cited and that's a different ball of wax. And is the other alternative, power of attorney, any better (read simpler) ? Thank you much in advance for any advice/input.

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Posted

We did the same ... went to a lawyer and made a Last Will both sides... because the Civil Union Bill or same sex marriage will not come here in a few years... No hassle and not expensive.

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Posted

I would talk to a lawyer but as many posted above, just get a Will... is there some reason that wouldn't work?

 

Also, depending upon your means, you can start giving money or property now. 

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Posted

I would be interested if you go this route. How difficult? my son( not biological) still wants me to adopt him, but he’s turning 20 this year. I’m not 100% sure why, except that I think he wants to feel secure with my family. His biological father and mother pretty much abandoned him and left him with me since he was 3. Love him to death, but I’m just afraid it’ll cost and arm and a leg for this piece of paper. I’d do it for him though, if I can afford it, just to make him happy. 

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Posted
51 minutes ago, jcmj said:

I would be interested if you go this route. How difficult? my son( not biological) still wants me to adopt him, but he’s turning 20 this year. I’m not 100% sure why, except that I think he wants to feel secure with my family. His biological father and mother pretty much abandoned him and left him with me since he was 3. Love him to death, but I’m just afraid it’ll cost and arm and a leg for this piece of paper. I’d do it for him though, if I can afford it, just to make him happy. 

I have the same issue with my 5 year old that I have had since her birth from 2 parents that did not want her. It will be far easier - and cheaper and less hassle - one day for her to visit me for 6 months at a time eventually in the UK later in life as a tourist than to officially adopt her ! But at least a UK will will be more reliant than anything potentially here.

Posted

As the OP mentions why he's thinking of doing this ( "Simply put I just want him to be the (sole) heir to my worldly-stuff-on-Thai-soil") and a Thai Will, as mentioned by everyone above, is the easier way to do this (and, if needed, to "undo" this).   

 

And, as noted by the OP, his plan only involves his Thai assets; yet, if the OP has  assets back in the US, an adoption would trigger rights to his partner in any "non-automatic-beneficiary" assets he may still still have there (or in other countries outside of Thailand). 

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Posted

Friends of mine in the USA adopted a reletives minor child as a way for them to go to school in the USA. Seems like it ended up costing them about $25,000 in legal fees before they were done? Not a cheap option!

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Posted

Thank you all for the thoughtful consideration and many quite weighty aspects to consider that did not come to mind initially...So far all (well, "al-most") responses here are positive: helpful and kind for which I most appreciate and am thankful. Some are pragmatic of the scenario of making later changes in the will and I totally agree with that. (Also the aspect of "love relationship" that might be cause for scrutiny between two male family members in the eye of the law.) The consensus has been to go for the "Last will" route and the question why didn't I choose that.

 

For a number of reasons. First I naively thought adoption on a local level would not be too complicated, so it seems I'm wrong on that. Second, my partner was worried that without something more legally binding (than a will) authorities would not let him take care the burial/funeral aftermath. Third, though unspoken between the two of us, but as a few commenters here have sensed, it's the emotional underpinning that adoption somehow would give us in the absence of a bona fide marriage.

 

So "Last will" it will be...Again thank everybody for your advice and input. One additional question is whether it's better to use the services of a lawyer or it's not too hard to DIY (ie filling a form at the district office and having it witnessed/notarized etc.?). My main fear is that when the time comes my partner shows up at the bank to access my bank account, will in hand, and the bank manager says the paper is not legit/done right etc - I won't be there to put in my two cents.

Posted
9 hours ago, scorecard said:

Guys, please respect the posters desire. He has his own reason and maybe (just maybe) they are emotional more than what's needed to make the Thai man his heir. His choice totally. please respect his choice.

 

I'm aware of this situation, a lawyer (spoke perfect English) who was connected to an agent near the US embassy (Wireless Road) did some checking and found:

- Yes there should be a 15 yr age gap but that can be adjusted if there's a valid reason.

- At the time the younger Thai man was 20 yo and was a uni student. The farang in his early 50s

- Two parties must have known each other for at least 2 years, must be evidence of this, can be by sworn written statements from other parties not related to either person. 

- Yes have to have farangs' passport certified at Bkk embassy of issuing gov't. Plus document to say farang has no criminal or police report etc in his original country and in Thailand. (Thai lawyer's staff took care of getting these documents.

- A signed witnessed letter addressed to the the Thai ministry of Interior from the farang requesting permission for the farang to legally adopt the Thai man. Letter must include a small comment from the Thai person indicating a strong desire to become the legally adopted son of the farang signed and witnessed. 

 

- All of the above submitted, the Ministry of Interior responded (letter delivered by reg. mail and e.mail addressed to the two people) very quickly with 'yes it's possible, two more step needed':

 

- Farang must provide the names and telephone numbers of 2 farang and 1 Thai referee, cannot be related to either party. A member of the interview team (next bullet point) called and made an appoitment to visit all three referees. (Cannot be a phone conversation.)

 

- Two interviews, seperately, with the farang and then the Thai man, on same day, interview the farang first then the Thai man, with 10 minute time gap, farang and Thai persons cannot talk to each other in the gap time between the interviews. Farang must bring proof that he has a good income and can provide well / support the Thai man, including support for his studies and must bring many photos of the accommodation involved.

 

Same 3 person team (2M, 1F) from ministry to conduct the two interviews, both interviews to be conducted in English. Within an hour of receiving the letter/email mentioned above a pleasant lady from the ministry called the farang dand asked (in English) if the farang had any further questions or needed more  information.

 

First interview - started on time, went for about 1.5 hrs, coffee provided, very pleasant, all 3 officers spoke advanced/perfect English, farang impressed at the focus of the questions etc. Officers asked pointed questions about 'any plan to return to your own county soon? And could your adopted son get a visa to accompany you? What's your attitude to health care? Are you a controlling person? and more. What is Khun xxxxx studying, how many more years to complete his studies, what's his current/progressive GPA?

(Note: No questions to the farang 'Do you like Thai food?' etc.

 

Five minute gap, no contact between the parties. (Why, obviously the ministry team didn't want the farang to try to 'prepare' the Thai man how to answer / what to say.)

 

Second interview - in English (explained later, the ministry team wanted to be sure there was no language barrier in the picture), many similar questions; Do you have any Health insurance (this was before the 30B health scheme)? 'Yes, BUPA.' Committee impressed. Thai man shown the photos of the accommodation and asked to explain the usage, furniture, in the rooms. ministry lady asked with a giggle 'What brand is the fridge? Can the farang speak any Thai "yes, he speaks advanced Thai but always English to me, at my request". How violent is he? Does he easily get into arguments etc., with you or in shops" etc. "What food do you eat at home, Thai or western?"  Answer was "mostly westeren because I really like western food, especially Italian, and I asked Mr. xxx to please teach me to cook Italian food correctly". "Who cleans the condo (very large condo)" Answer "A maid from the condo staff every day and she washes and irons all the clothes, but sometimes we do some extra cleaning but we always share the work".

 

Then "Why do you want to be his legal son? We will give you 10 minutes to think about this question then we'll ask for your answer".

 

Interviews completed, ministry team discussed for 30 minutes while the two interviewees waited, then 3 person team returned and said 'all approved'.

 

One of the interview team then explained, "the ministry will now prepare several documents which should be taken to your local amphur office (please go to a big amphur office) and they will change your (Thai man) family name to the farangs family name. And they will issue a new Thai ID card. Farang should go with you and take his passport".

 

Ministry team asked if the documents should be sent by registered mail or if the farang or the Thai man wanted to come back to the ministry to pick them up. Thai man responded "I will came and pick them up, when can I please came to take the documents?"

 

Answer "a bit too late to get it prepared today, tomorrow late morning".

 

Ministry lady also mentioned to the farang: " the documents mentioned will be in Thai and in English. If your embaasy asks for any other proof of legal adoption etc., please contact me direct and I'll take care of it quickly.

 

Both came the next morning to pick up the documents (and to pay the fee - 1,500Baht total fees) then went to local big amphur office (in Bkk), jnr officer took the documents to her snr who quickly invited the farang and Thai man to her office and she then instructed 2 juniors what to do. And she asked 'can you come back in 1 hour and do you have any current photos for your new ID card?'  Photos handed over.  

 

One hr later, all completed, certificate of adoption and certificate of change of name in several original copies, and new ID card all ready. Thai man and farang man had to sign and give their fingerprint to acknowledge receipt of the documents. 

 

In the car, first comments from the very happy Thai man; lots of thank you etc., then "Dad, what do you want for dinner and can I please buy some red wine?"

 

(Note: all of the above was about 15+ years ago, maybe the process has changed.)

 

 

 

 

 

  

 

Thank you for your kind words - and what a story!  Thanks for taking the time, much appreciated.

Posted
On 4/2/2022 at 2:48 AM, JayClay said:

I'm not sure what the laws are on incest in Thailand and if you don't then it's something you need to consider before trying to adopt your partner!

Very good point. 

Posted
20 hours ago, scorecard said:

- Yes there should be a 15 yr age gap but that can be adjusted if there's a valid reason.

- At the time the younger Thai man was 20 yo and was a uni student. The farang in his early 50s

- Two parties must have known each other for at least 2 years, must be evidence of this, can be by sworn written statements from other parties not related to either person. 

Wow, thanks so much. My wife and I are interested in this. Her niece lives with us, her sister's daughter. She's like a daughter to us. She's 18 and is now off to uni. In the next year or so I'll be getting the IR-1 visa for my wife to come back with me to the States. It has the option, IR-2, to bring over children, but they must be my wife's own children. So we're thinking about adoption to qualify her for it.

Posted

I had a friend who had been in a long term relationship with his male partner, he made a will and all thai assets went to him, on his demise. The worst for him was waiting for his remains to be returned from BKK  autopsy (he didn't die in a hospital) before the funeral could take place.

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Posted
10 hours ago, CrunchWrapSupreme said:

Wow, thanks so much. My wife and I are interested in this. Her niece lives with us, her sister's daughter. She's like a daughter to us. She's 18 and is now off to uni. In the next year or so I'll be getting the IR-1 visa for my wife to come back with me to the States. It has the option, IR-2, to bring over children, but they must be my wife's own children. So we're thinking about adoption to qualify her for it.

Thanks for your comments. Please understand the incident / process I described was about 15 years ago, the process may have changed / been tweeked. IFrom my knowledge of the case I refer too, I suspect it was specific / designed according to the actual case. 

 

Your case may be a bit different but as said, the case I'm referring too was successful.

 

Good luck...

Posted
On 4/2/2022 at 2:48 AM, JayClay said:

I'm not sure what the laws are on incest in Thailand and if you don't then it's something you need to consider before trying to adopt your partner!

That's like putting the cart before the horse, ain't it?

Posted (edited)
On 4/3/2022 at 7:35 PM, scorecard said:

Consenting adults?

Right on. We are BOTH consenting AND adults, moreover we're not even blood-related. So where does incest come in? The way I understand it: sexual relations between siblings or parents and their offsprings. (Uncle Bernie and Aunt Bertha may also be included.) My partner might be my adopted child by law, however he's definitely not my offspring. In a land where decorum is top priorities, I have a hard time imagining a Thai judge who would, at the end of the day, mention "btw, you two should 'avoid' sleeping in the same bed -  erh, I think you know what I mean, wink wink."

 

Somehow this talk of incest in a (maybe not so) weird way brings to mind a time in (Western) history - sometimes around the life and travails of Leonardo da Vinci  - the term "sodomy" was re-defined to include any sexual acts where semen - from a male, naturally -was deposited into any place other than a vagine - of a female, naturally. But that sure covered lot of "territories" didn't it? Suddenly more than half of Florence ran afoul with "sodomites," most of them were not even aware they had been classified as such!

Edited by watthong
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Posted
1 hour ago, watthong said:

Right on. We are BOTH consenting AND adults, moreover we're not even blood-related. So where does incest come in? The way I understand it: sexual relations between siblings or parents and their offsprings. (Uncle Bernie and Aunt Bertha may also be included.) My partner might be my adopted child by law, however he's definitely not my offspring. In a land where decorum is top priorities, I have a hard time imagining a Thai judge who would, at the end of the day, mention "btw, you two should 'avoid' sleeping in the same bed -  erh, I think you know what I mean, wink wink."

 

Somehow this talk of incest in a (maybe not so) weird way brings to mind a time in (Western) history - sometimes around the life and travails of Leonardo da Vinci  - the term "sodomy" was re-defined to include any sexual acts where semen - from a male, naturally -was deposited into any place other than a vagine - of a female, naturally. But that sure covered lot of "territories" didn't it? Suddenly more than half of Florence ran afoul with "sodomites," most of them were not even aware they had been classified as such!

If he is legally your adopted son than its naturally going to be frowned upon if you are having sex with him!

 

Simply make a will!!!

 

What if you adopt him and your relationship ends and you or him meet someone else in the future?  

 

If he is pushing you to do this rather than a will then I would be very suspicious of his motives.  It could be a way for him to get into you home country and get your assets when you die, or even if you split up! 

 

I don't know why anyone in their right mind would want to adopt their boyfriend / girlfriend as their child.  

 

Is this your first gay relationship here, or anywhere perhaps?

 

You simply make a will stipulating what he gets on your death etc.  

 

 

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Posted

A will sound like the best option.  If you want to avoid cost of lawyers you can just attend the local amphur and complete a will there.

 

As an alternative create option, what about using a usufruct.

 

I imagine the primary asset you have here is property.

 

If that is the case you could transfer the property into the name of your partner and then get a life usufruct stamped on the back in your name.  Cost is 75 baht for the usufruct.

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