Adopting My Thai Step Son In The Uk

[Mig15]

My wife and I and her son – 13 – have been living in the UK now for just under a year. My wife has recently suggested the possibility of me adopting him – prompted by discussions with her friend here. Her friend has provided us with some documents and leaflets about adopting in the UK.

The boy’s father is – in Thai law – out of the picture as my wife has sole guardianship. I had all our paperwork translated and certified before we came back to the UK last year. This included the documentation she needed to get the sole guardianship.

I guess we could do it without much problem. My thoughts are, 1. he will have to take my name, and 2. will become a UK citizen. This may be a good thing as it will mean that we don’t need to go through the process of getting indefinite leave to remain for him in a few years time.

But how will this affect his Thai citizenship? Can he just keep his Thai passport and use that to go back when we go for visits? Is dual nationality possible? If I was him, I would not want to give up the right to go back to and live in my native country in the future, as his sisters are there and the extended family.

Does anyone have any comments or experience of this?

Thanks for your help.

[Mossfinn]

The boy’s father is – in Thai law – out of the picture as my wife has sole guardianship.

There does appear to be a difference between, ' Sole Responsibility', and 'Sole Custody', I have never understood the difference except when reading the definition and then soon forgotten, I will try and search this forum tomorrow if I get time,

2. will become a UK citizen. This may be a good thing as it will mean that we don’t need to go through the process of getting indefinite leave to remain for him in a few years time.

I am under the impression that your son should have he same immigration status as your wife, if she gains ILR and then Btit Cit so does he, but I need to check this.

But how will this affect his Thai citizenship?

It wont, although there are some issues regarding National Service until he is aged 30, if you are worried about this do not put him on the Tabien Baan and pay a small fine when he turns up voluntarily after he turns 30.

Samran is the authority on this, why not PM him?

Can he just keep his Thai passport and use that to go back when we go for visits?

If he gets a Brit Passport, yes he can keep both, use the Brit PP out of the UK and the Thai one into Thailand, Thai out and Brit in.

Is dual nationality possible?

Yes

Sorry for the sketchiness of the info, but I will try and source some more tomorrow.

Moss

Edited May 2, 2008 by Mossfinn

[Higgins]

I just started proceedings with this. I'm adopting my 5 yr old stepson who's been here since March 07.

It took me a while to figure out exactly what the score was. It seems it all rests on (due to the distance of a natural father) how you present things. Along with how the welfare people report things. I kept getting asked (by my local adoption people at the council) to go get legal advice. I haven't.... I’m flying solo. But It seems that if the natural father consents then it’s easy. Not easily achieved in this scenario. And if he doesn't, then you have to convince the court (Note. in this case it’s the high court... not the county court) that:

a. Either the father can't be contacted, or

b. isn't capable of giving consent, or

c. it’s in the best interests of the child to grant the adoption.

(It appears to be the same legislation for the adoption of a UK national)

As well as the contactable father issue, I've put in my 'statement of the facts' (which you have to supply in the absence of the natural fathers consent) that due to the sole custody thing with the settlement visa rules... that we don't need his consent as he no longer has legal responsibility for the boy. But I’ve an inkling... after a chat with the staff at the high court that they could swing either way on this and might try to contact the natural father somehow on a last know address thing. Call me a cynic… but this strikes me as a 'well at least we tried' type thing.

I’m giving this a shot with what I’ve managed to find out so far… it’s by no means concrete. Its £140 for the court fees… so I’m having a bash.

Edited May 2, 2008 by Higgins

[Higgins]

and...

1. he will have to take my name

You can chose the name he will take ... its a question on the application form. Your choice as far as i can make out.

And, aside of the fact that i'm Dad to him and want to adopt this boy etc... its also important cos if anything bad happens to mum (*touch wood*) then i can take care of him for sure.

Edited May 2, 2008 by Higgins

[Mossfinn]

Check below for a thread on Sole Responsibility, I haven't read it through, but it might help.

Moss

Here

[Mossfinn]

Sorry, just checked my post, it is not a thread but a collection of posts regarding Sole Responsibility.

Moss

[Higgins]

Wow, thats heavy reading. I'll try and digest it later. Sorry for piggybacking your thread MIG15, but thanks Mossfinn, its all useful stuff for me too.

[Mig15]

“Sorry for piggybacking your thread MIG15, but thanks Mossfinn, its all useful stuff for me too.” No problem – I haven’t had a chance to look at the responses till today so I’m glad someone has!

My wife has Sole Custody. We went through it all in Thailand to get the visa. She had to go to the local court in Si Sa Ket and told the people there the father was un-contactable. She also told them that he had abandoned her and her three children. They seem to have taken a dim view of that and awarded her the Sole Custody.

They are both on settlement visas for two years. ILR now costs £1500 I think and maybe we will not have to pay that if he is already a British Citizen (?)

I hope to deal with it myself without legal help – I did it all in Thailand so I hope I can manage it here!

[Higgins]

Sounds like we are in the same boat then Mig. I sent my application off to the high court last week so will see how it goes.

[Mossfinn]

Check below for a thread on Sole Responsibility, I haven't read it through, but it might help.

Moss

Here

I don't know why this link isn't working now, it was yesterday?

Moss

[Mig15]

I had a quick look at some of the posts on that link. It seems that the court will make a judgement on the information provided as to who has sole responsibility. I hope that the information that convinced the local authority in Thailand will convince them as well. I don’t plan to send my application off just yet.