Wishing To Adopt My Wife's Children

[paulandmaneerat]

Hello,

My Thai wife and I have been married very happily for 5 years. From the outset when we first met she told me that she had twin girls, 18 months old. I was delighted because back home in the UK I have twin girls also, but considerably older. The twins were being taken care of by her sister. The Thai father deserted them at birth. He was not expecting 'double trouble'. His whereabouts are unknown except that he is believed to be in a new relationship with a child of his own.

For the first few years of our marriage it was not convenient to have the children with us although we visited them regularly. A year ago however I retired and we moved into a house where we intend to stay permanently. We have had the girls with us for about a year and we all consider ourselves a proper family. Except that I would like to legally adopt them and for them to bear the family name. They have just turned 7 years old.

I would like to know the procedure to follow and whether the father can suddenly appear out of the woodwork and smell farang and subsequently a cash settlement. I am not a rich person financially but I love my girls dearly and can offer a quality family life with love. I am also concerned that he might interested in playing a part in their lives once he realizes they are past the dirty nappy stage and are in fact two great little girls.

Any advice from those with experience in this field would be appreciated.

Thank you,

P&M

[Mario2008]

Adoption is possible under Thai law, if you want the adoption to be recognized by the UK authorities it should also follow the UK rules on adoption. Given the fact that you mention retirement, you might run in to trouble with your age.

Adoption is possible with consent of the biological father, also without his consent but more problematic.

Read more about adoption here: http://www.thailawonline.com/en/adoption/a...and-regulations

[MikeyIdea]

May I first suggest that you make sure that the mother has sole custody of the children - Without ever contacting the father. Ask the mother to go down to the amphur and get a por kor 14 (form stating that she has sole custody). The mother can change the surname of the children without the father if she has sole custody and can prove it. Amphur would probably look very strangely at her if she wanted her children to change to a western surname if she didn't have the same name herself

The law actually states:

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.

Section 1598/20

If the person adopted is not less than fifteen years of age, his consent shall be obtained

You really need to contact a lawyer who has done this before. The father has most likely not legitimized his children but in adoption cases, I think that he has to give his consent anyway. I bet he will smell money when he sees you. But the law also says that if a parent has been deprived of parental power, then the other parent may give the consent. One way could then maybe be for the mother to sue the father to get him legitimized and then deprive him of parental powers. Can the mother then, as the law says, decide to let you adopt herself without the father??? The law says so but a court may not accept to rule that way so again, you need to check this with a lawyer. The mother can always sue the father to get alimony (around a hundred bath per child and day), if the father doesn't want to pay the mother then he can let you adopt them... If the father comes and makes trouble, use that as a weapon

I'd be careful, farang often smells money for no-good fathers who has deserted his kids. What the the children themselves say will matter more the older they get.

Edited March 3, 2010 by MikeyIdea

[paulandmaneerat]

Thank you very much for your views.

P&M

[Atmos]

The Bangkok Post 'Spectrum' supplement ran a series of step-by-step articles on adoption.

Edit: link to Bangkok Post removed for legal reasons. But you can find the article here, look under Dec. 2009.

http://www.chavalitfinchlaw.com/publicatio...blications.html

Mario2008

[JohnLaw]

Dear P&M

I can provide you the procedure and legal advice for free. Please contact me.

[tonyboy1950]

Dear P&M

I can provide you the procedure and legal advice for free. Please contact me.

Hello.

just wondering if you would be kind enough to let me have details of adoption procedures also.

Regards .

Tony.