Adopting Thai Child

[jim1563]

Would like to adopt my wifes thai daughter what is needed to do this in Thailand any help...

[Mario2008]

Look here for soem more information about adoption in thailand:

http://www.thailawonline.com/en/family/chi...n/adoption.html

Your case is difficult, as it is an international adoption and I would suggest contacting a lawyer. The father, if a live, would need to give his consent.

[jim1563]

cheers was thinking a lawyer would be needed

[sinbin]

cheers was thinking a lawyer would be needed

Watch out when hiring a lawyer in Thailand. Anyone can practice law, you don't have to have a degree. The only difference is that a person without a degree cannot represent you in a court. They won't tell you they're not real lawyers. Beware.

[Old Man River]

Many of us have done this. The key, as someone has already said, is for the father to give his permission. If he does, then it is only a matter of time to accomplish it. If he doesn't then you probably will never get it done.

[thefree]

Many of us have done this. The key, as someone has already said, is for the father to give his permission. If he does, then it is only a matter of time to accomplish it. If he doesn't then you probably will never get it done.

Hi, married in thailand with two of my own kids and my step daughter.

My step daughter has no father name on her birth certificate (book) and has only known me as daddy for the last 7 years nad has a different surname from everyone, and after asking her if she wants the same name as everyone she jumped up and down with joy.

Can anyone give the steps to take and where to go to acheive this?

Thanks Mike

[Mario2008]

The article in post number 2 in this topic will give you some information.

[gregb]

Question:

If the father has not legalised the birth, (i.e. he is not married to the mother, is not listed as the "Birth Informant", the child is too young to have legalised at the ampur, and he has not pressed his case through a juvenile court) is his permission still required in an adoption? The father listed on the birth certificate is a foreigner (but not farang).

I have a friend who is in the initial stages of considering an adoption, and this is one of the questions that has come up.

All I ever see mentioned is "the parents of", but is a non legalised father considered a parent in this case?

Any real experiences?

(A little bit more information about the above case. The mother probably could contact the father in this case, but the father would be unlikely to give his consent. However, the father also refuses to provide support for the child, and the mother is financially unable. This is the whole reason for the adoption in the first place. It's really an ugly situation. The father is basically a real $#!@.)

Edited December 31, 2009 by gregb

[Mario2008]

Read the article I mentioned: http://www.thailawonline.com/en/family/chi...n/adoption.html

It seems the father wil have to give permission, aslo in that case. If he can't be found the mother will be inetrveiwd about that and has to make a declaration about it.

Best answer is given by competent lawyer in this field. Isaanlawyers has a good reputation regarding family law.

[fishfly]

Hi,

We just recently returned from visiting a Thai lawyer about adopting my wife's daughter.

In summary, it is going to be costly and take a long time.

Realize that lawyers charge by the hour.

We will have to save up for a while before we can proceed any further.

[MikeyIdea]

I have no practical experience of this but I would just like to recommend that you and your wife read up on adoption law, lawyers charge on the hour as you say and having done that should speed up things considerably. I haven't found a complete translation of Book 5 Chapter 4 (Adoption), Isaanlawyers translated version end at section 1578 but google for this exact phrase "TCCC-book5.pdf" and you will find a translation of Book 5 that contains some sections about adoption law (chapter 4) and guardianship (chapter 3) too, not complete though.

The complete Thai version can be found under this link http://www.thaivisa.com/forum/Thai-Family-Law-t313877.html Good and difficult reading for the mother and you

Section 1598/20 If the person adopted is not less than fifteen years of age, his consent shall be obtained.

Section 1598/21 The adoption can take place only with the consent of the parents of the adopted. In the case that one of the parents has deceased or been deprived of the parental power, the consent may be given by the other parent with the parental power. If there is no authorized person to give such consent as provided in paragraph 1, or if the parents are unable to make a declaration of the consent or do not give the consent without appropriate reason, adverse to the well-being of the adopted; the person to adopt or the Public Prosecutor shall request the order of the court in lieu of such consent.

[MikeyIdea]

I was just thinking... Maybe some help to thefree

Changing name of the child isn't the whole way but it should help the childs feelings a lot. That should be possble to do this way;

1) Mother goes to amphur with birth certificate and request form por kor 14 (states custody). Since father never legitimized the child, mother will on this form show sole custody of the child.

2) Mother has proof that she has sole custody (on an official form that amphur knows of), fathers signature is not needed according to law for anything except adoption of course.

She should be able to change name of the child (easily I think) if the child also states that he wants to do it

No lawyer is needed to do this, can be done at the amphur

If anyone does this, please report how it went

Edited January 12, 2010 by MikeyIdea

[Mario2008]

Your wife could make arranges in a will, stating that she wants you to get custody over the child in case she dies.

[MikeyIdea]

Many of us have done this. The key, as someone has already said, is for the father to give his permission. If he does, then it is only a matter of time to accomplish it. If he doesn't then you probably will never get it done.

There seem to be another way, a very difficult way though.

Section 1598/21 The adoption can take place only with the consent of the parents of the adopted. In the case that one of the parents has deceased or been deprived of the parental power, the consent may be given by the other parent with the parental power. If there is no authorized person to give such consent as provided in paragraph 1, or if the parents are unable to make a declaration of the consent or do not give the consent without appropriate reason, adverse to the well-being of the adopted; the person to adopt or the Public Prosecutor shall request the order of the court in lieu of such consent.

"In the case that one of the parents has deceased or been deprived of the parental power, the consent may be given by the other parent with the parental power. "

The law says that if mother has sole custody, then she can indeed approve adoption without the father. Question is if the courts will accept to do this though. I am not sure court will accept to act on it and it need to be confirmed

Edited January 13, 2010 by MikeyIdea