Adoption Vs Being A Guardian - What Is The Difference

[mailmonkey]

I have lived in Thailand around 9 years. My son of 4 is without his biological parents. I have taken care of him since birth. His birth certificate has no father named, only the name of the mother. His mother abandoned him, and has nothing to do with him.

I have been trying to get legal status over him for years now. Though I have had no day-to-day problems from a bureaucracy point of view - Registering him at a kindergarten, flying within Thailand when we go on holiday, etc. I am very worried if there is serious trouble in the Kingdom, that matters will become very difficult should I wish to leave.

I married his mother sometime back, and we got divorced three years later. I have also filed for adoption with the CWD - perhaps more than 2 years ago, but other than a home visit by the welfare officer, (after a few months) the case has not moved ahead at all.

I would like to know this:

In Thailand, what are the differences between the rights and privileges of an adoptive parent vs that of a legal guardian?

I am a qualified teacher working at an international school. Would I be able to leave the country with him, say for a holiday or more seriously, be able to work and live outside Thailand, if I was his ‘just‘ his guardian?

How would I go about obtaining status as his legal guardian, and how long will it take?

[Mario2008]

The difference between an legal guardian and an adoptive parent is that with adoption legal family connection are created. The child would become a family member of you, with rights to enheriatge, obligations to look after you when your old, etc.

A legal guardian is someone who has parental powers over a person, till the child becomes of age. Than no longer any legal ties will exist. The child is legaly not considered a family member.

Curently, you probobly have neither. You can check at the ampur who has parental powers over the child, but that is probably only the mother. Only a marriage to the father of the child would have legitimized the child.

Adoption will be your only way of getting parental powers over the child. If you are not Thai, it is important you start in your home country. If you don't, you might adopt the child under Thai alw, but it will not be recognized by your own country. That will create problems for visas ect if you want to return with him to your own country.

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

[mailmonkey]

thanks Mario

I have already filed for adoption at the CWD. We are two years down the line - perhaps even more, and I get very little info from them re this case.

They have come to my house to do the inspection, and were very pleased about the set-up and our relationship.

However whenever I phone them, they always make an excuse saying : this is a difficult case / no we have no news for you.

I am at wits end and do not know what to do.

How long DOES it take for a 'family adoption' to go through ? Any ideas?

Is there someone out there that has been successful that have their own story?

[Mario2008]

There are a few things that might complicate your case:

- this isn't an international adoption, (which will complicate things if you want to take the child abroad).

- both parents need to give consent for the adoption, (but there are professions for if the father is unknown or can't be found).

- you are a single parent, not a family.

But be aware that every adoption process is a long one, taking a few years. Do a search in this section of the forum and you might find some more information. However, most will be about international adoptions!

I hope someone will come along who can give you some more information.

[MikeyIdea]

I don't have any direct information and certainly no confirmed information in your case but I have followed several custody cases and am impressed with how well the Thai Juvenlie court system looks at the well-being of the child in Thailand. As Mario2008 says, the mother most likely has sole custody but she has abandoned the child, leaving the child without a guardian.

You can never get parental powers without adoption, but could it be possible for you to be made guardian? Guardian can be the same thing including right to sign for passport etc. That would clearly be the best thing for the child so it would be in line with what I have seen from the Thai Juvenile court system to act on - if they can. Problem could be who has the right to initiate the request, it looks like you as you are not a blood relative can't do it. Have you checked this with a lawyer?

Section 1585

A person who is not sui juris and has no parents, or whose parents have been deprived of their parental power, may be provided with a guardian during minority. In case where the person exercising parental power is partially deprived of such parental power under Section 1582 paragraph 1, a guardian may be appointed with regard to such deprived part of power. In the case where the person exercising parental power is partially deprived of such power to manage the property under Section 1582 paragraph 2, a guardian may be appointed for the purpose of managing the property.

Section 1586

The guardian as provided in Section 1555 may be appointed either by the will of the last surviving parent, or by order of the Court on application of a relative of the minor or of the Public Prosecutor. Subject to Section 1590, the guardian must be appointed according to the testamentary disposition, if existing, except the will has no effect or the person provided in the will is forbidden from the guardianship under Section 1587.

[ohiodad]

Our case is not really the same, but we completed an international adoption. It took about two years from start to finish. In our case, the father was unknown and the mother refused to relenquish parental rights for some time. The state had to prove that the mother was incapable of caring for the child.

Perhaps the delay for you has something to do with having the mother giving up parental rights.