Adopting Thai Child By Resident Foreigners

[degol]

we will be living in bangkok soon for a number of years. we wish to adopt a thai child but we do not know what the rules are for adoption by foreigners living in thailand on work permit (working for UN).

is there a minimum number of years of residency before one can apply for adoption?

is the process faster than adopting a thai child from abroad?

what are the authorities looking for?

[GuestHouse]

My understanding is that the Thai authorities no longer support the adoption of Thai children to foreigners, but there may still be adoptions of stateless children, although I understand that loop hole was being closed.

Regardless of the current prohibition on foreign adoption of Thai/Stateless children, I also understand that the law on adoption was changed some years back such that before adopting in Thailand you need first obtain clearance to adopt from your own government/organization that deals with adoption.

[capco1]

Another question regarding adoption....I hope somebody knows the answer because everywhere we call it's always the same response......I dunno! My Thai wife has a daughter from a previous relationship with a Thai man who has never been a part of the childs life and never once offered support. We are now living in the States and her daughter remains in Thailand with grandparents, I would like to legaly adopt her and make her a part of our family here in America but nobody seems to know how or if I can even do this. Any help would be greatfully appreciated!

[Rigger]

We have a problem with a young girl that lives with us at the moment she is 10 years old and a bright kid and is treated as one of own.

Her mother left her with us 5 years ago and went to Malaisa to work and ended up being a girl friend to a very wealth guy running a world wide well known company. She had been sending about 7000 bht a month for the first 4 years and use to visit Thailand every year and spend time with her daughter and call on a regular basis. Until about a year ago money stopped calls stopped and no one has seen or heard of her since.

Her brother and sister were also working there and have found no trace of her or her car. I believe she has met with foul play. With the young girl my wife’s mother wishes to adopt the girl but fears the father will try and take custody of her or will try and extort money from us. He was a drunk and abusive Husband/father which is what drove his wife away to start with. So at the moment we are just keeping quite and hoping that she will be older enough to make her own way in life before her father realizes he could get custody

Anyone with ideas of how we could solve this problem

[think_too_mut]

we will be living in bangkok soon for a number of years. we wish to adopt a thai child but we do not know what the rules are for adoption by foreigners living in thailand on work permit (working for UN).

is there a minimum number of years of residency before one can apply for adoption?

is the process faster than adopting a thai child from abroad?

what are the authorities looking for?

<{POST_SNAPBACK}>

At one of Pattaya family hotels I met an American man with a Thai wife and their 2 daughters.

He told me - the daughters were Chinese from China, adopted and unrelated, there were no ways to get Thai kids adopted in any reasonable timeframes. 3 years +.

The couple had lived in the US at that time. Both PhD's. They gave up on Thai adoptions.

[AmeriThai]

We have a problem with a young girl that lives with us at the moment she is 10 years old and a bright kid and is treated as one of own.

Her mother left her with us 5 years ago and went to Malaisa to work and ended up being a girl friend to a very wealth guy running a world wide well known company. She had been sending about 7000 bht a month for the first 4 years and use to visit Thailand every year and spend time with her daughter and call on a regular basis. Until about a year ago money stopped calls stopped and no one has seen or heard of her since.

Her brother and sister were also working there and have found no trace of her or her car. I believe she has met with foul play. With the young girl my wife’s mother wishes to adopt the girl but fears the father will try and take custody of her or will try and extort money from us. He was a drunk and abusive Husband/father which is what drove his wife away to start with. So at the moment we are just keeping quite and hoping that she will be older enough to make her own way in life before her father realizes he could get custody 

Anyone with ideas of how we could solve this problem

<{POST_SNAPBACK}>

The mother has vansihed, but she could still be alive. Has anyone done any investigating as to her whereabouts? She might just be out of touch.

Maybe one of the members have had some experience with this sort of thing concerning adoption under such circumstances, but it sounds to me like it's something you should seek the advice of a competent attorney who specialized in matters like this. I'd guess, you may want to go through an attorney regardless.

Edited September 9, 2005 by AmeriThai

[Rigger]

We have a problem with a young girl that lives with us at the moment she is 10 years old and a bright kid and is treated as one of own.

Her mother left her with us 5 years ago and went to Malaisa to work and ended up being a girl friend to a very wealth guy running a world wide well known company. She had been sending about 7000 bht a month for the first 4 years and use to visit Thailand every year and spend time with her daughter and call on a regular basis. Until about a year ago money stopped calls stopped and no one has seen or heard of her since.

Her brother and sister were also working there and have found no trace of her or her car. I believe she has met with foul play. With the young girl my wife’s mother wishes to adopt the girl but fears the father will try and take custody of her or will try and extort money from us. He was a drunk and abusive Husband/father which is what drove his wife away to start with. So at the moment we are just keeping quite and hoping that she will be older enough to make her own way in life before her father realizes he could get custody 

Anyone with ideas of how we could solve this problem

<{POST_SNAPBACK}>

The mother has vansihed, but she could still be alive. Has anyone done any investigating as to her whereabouts? She might just be out of touch.

Maybe one of the members have had some experience with this sort of thing concerning adoption under such circumstances, but it sounds to me like it's something you should seek the advice of a competent attorney who specialized in matters like this. I'd guess, you may want to go through an attorney regardless.

<{POST_SNAPBACK}>

Yes there is a chance she may be alive but I have my doubts as she also was apparently fighting with her boy friend around the time she dissapeared. She may have been placed in jail as I belive she entered Malasia on a fake visa. But then you would think she would have been sent back to Thailand. Her brother and sister have seached for her in Malaisa. I will disscus it with my wife and mother inlaw and see if they want to get a attorney

Thanks for the reply AmeriThai

[AmeriThai]

Yes there is a chance she may be alive but I have my doubts as she also was apparently fighting with her boy friend around the time she dissapeared. She may have been placed in jail as I belive she entered Malasia on a fake visa. But then you would think she would have been sent back to Thailand. Her brother and sister have seached for her in Malaisa. I will disscus it with my wife and mother inlaw and see if they want to get a attorney

Thanks for the reply AmeriThai

<{POST_SNAPBACK}>

Hopefully, she has not met with any form of foul play. The important thing is to first determine if she's still alive. I would think for any kind of adoption to take place a legal decision would have to be made that she's either deceased or has completely abandoned the child.

If she's deceased, I suppose the relatives of the child would be notifed. If it can be proven that the father of the child is an abusive drunk, then I don't think there's too much worry about the child being placed into his custody. She might however, be placed into the custody of other relatives. You mentioned the woman had a brother & sister working in Malaysia.

I'm merely speculating on those things. Yes, an attorney can give you the best information.

The mother of the child, what's her relationship to you and your wife? Relative? A friend?

Edited September 9, 2005 by AmeriThai

[Rigger]

It is my mother in laws sister who is missing so the family thing should not be a problem also how long before she would be classed as abandoning her child

As for her father I only have had women in question word that he was a abusive drunk

Thanks

Edited September 9, 2005 by Rigger

[dr_Pat_Pong]

My understanding is that the Thai authorities no longer support the adoption of Thai children to foreigners, but there may still be adoptions of stateless children, although I understand that loop hole was being closed.

Regardless of the current prohibition on foreign adoption of Thai/Stateless children, I also understand that the law on adoption was changed some years back such that before adopting in Thailand you need first obtain clearance to adopt from your own government/organization that deals with adoption.

<{POST_SNAPBACK}>

That is it in a nutshell.

[degol]

given the problem with adopting thai children, does anyone know if foreign residents of bangkok can adopt children from third countries (eg china, india) while living in bangkok?

this may then be the only way for us to adopt children while living in thailand....

[think_too_mut]

given the problem with adopting thai children, does anyone know if foreign residents of bangkok can adopt children from third countries (eg china, india) while living in bangkok?

this may then be the only way for us to adopt children while living in thailand....

<{POST_SNAPBACK}>

From China - 2 years process and you are guranteeed 2 things: it will be a girl and healthy. You have no say.

Your choice to live in Thailand, in my opinion, any western residence would do better than that when it comes to adoption.

[degol]

so if i understood right, i can be living in bangkok as a foreign resident and adopt from china with no problems?

i don't have to be living in bangkok for a number of years before i can adopt from china? do you know of any personal stories of people who have done this and did they have and problems? does this also mean i could adopt from other countries, like india, who i know normally allow foreign adoptions.

would really appreciate the advice as this could be a solution for us.

[think_too_mut]

so if i understood right, i can be living in bangkok as a foreign resident and adopt from china with no problems?

i don't have to be living in bangkok for a number of years before i can adopt from china? do you know of any personal stories of people who have done this and did they have and problems? does this also mean i could adopt from other countries, like india, who i know normally allow foreign adoptions.

would really appreciate the advice as this could be a solution for us.

<{POST_SNAPBACK}>

Sorry, the only story I know first hand is what I posted about.

The guy was an English teacher, his wife the same. She is a Thai national.

They married and went to Chicago in 80-ies and after many years of trying to conceive they decided to adopt a Thai child.

To no avail. He told me it was 5yrs wait and many other obstacles.

They have adopted 2 Chinese girls.

So, in 2004, they had 2 daughters, 5 and 7 yrs old.

He is in his late 50-ies and she is in her late 40-ies.

That's all I know.

Hope other members can post a more stimulating stories.

Having been childless until recently, I am feeling for you both.

Good luck buddy.

[Boo]

I know of a young western (UK) couple who were going through the process of adopting a thai child. Last I heard it was still on going & that was after 2yrs. They had passed all relevent checks & tests but the paperwork moves slow. She was in her mid 20's & he was in his early 40's & very wealthy, own house, lots of influential friends etc.

Rigger, who's house book is the child registered under?? If it is your mother in laws then she would most likely have a strong case to adopt the child due to parental abandonment. My MIL has her adopted daughters, daughter, on her house book (due to both parents having no interest in the child for 12 years) & is legally responsible for her welfare & is the main guardian. It is probably worth your wife checking with the local amphur office, explaining that both parents have absconded & see what they say.

[Rigger]

I know of a young western (UK) couple who were going through the process of adopting a thai child. Last I heard it was still on going & that was after 2yrs. They had passed all relevent checks & tests but the paperwork moves slow. She was in her mid 20's & he was in his early 40's & very wealthy, own house, lots of influential friends etc.

Rigger, who's house book is the child registered under?? If it is your mother in laws then she would most likely have a strong case to adopt the child due to parental abandonment. My MIL has her adopted daughters, daughter, on her house book (due to both parents having no interest in the child for 12 years)  & is legally responsible for her welfare & is the main guardian. It is probably worth your wife checking with the local amphur office, explaining that both parents have absconded  & see what they say.

<{POST_SNAPBACK}>

Spoke to my wife yesterday and it turns out The mother has just called a few days ago and is still in malaisa. I am not sure what the full story was with her disappearance. My wife mother has mention to her before about adopting the child and she returned home and snuck off with the young girl by tell her she was taking her on a holiday. Then we didn’t here anything for about a month and where contacted and asked by another part of the family if we could pick her up which we did and found she had lost weight and all her cloths and belongings had goin missing and was dress in dirty rags. The mother has just been told by my mother in-law if she doesn’t return to see her daughter that she is going to push for adoption so I don’t know what’s going to happen now

I am not sure about house book I will have to ask my wife

[Boo]

sounds like a really bad situation for the girl. I hope it gets sorted & hopefully your MIL can get official custody, if just to give the poor girl some stability.

[Rigger]

Yes I hope too as she is a great kid bright and well behaved. My daughter is very also close with her. I am sure my MIL has got a plain that only has the childs best intrest at heart

[AmeriThai]

Yes I hope too as she is a great kid bright and well behaved. My daughter is very also close with her. I am sure my MIL has got a plain that only has the childs best intrest at heart

<{POST_SNAPBACK}>

From the sounds of things, I'd lean toward thinking the MIL has the best chance at legal custody as well. I wouldn't be a bit surprised if MIL lets the girl stay with your family. Best wishes.

[wilko]

May I just point out that whatever the legal situation turns out to be you are not adopting a child, you are adopting a person who will grow into an adult.

[GuestHouse]

I think you will find that your own government has in place regulations regarding adoption overseas that include the requirement to obtain permission back home before adopting overseas.

The Thai government regulations where changed to align with the requirements of the Hague Convention on the protection of children.

Call your embassy and ask them for information on this matter - The British and American Embassies will not recognise and adoption that was not first cleared with permission to adopt back home - The upshot is they will not issue visas for a child that has been adopted without prior clearence.

[degol]

i am surprised to read that is it nearly impossible to adopt from thailand. there are many NGO webpages explaining how to adopt thai children for people living in europe/US.

eg:

http://www.childrensbridge.com/pages/thailand.html

http://www.flhomestudies.com/thailand.html

i would thus think that adopting a thai child while living in bangkok must be at least as easy or as straightforward as it seems to be while living abroad, if not even faster and easier.

are there no successful stories known among expats living in thailand?

[think_too_mut]

i am surprised to read that is it nearly impossible to adopt from thailand. there are many NGO webpages explaining how to adopt thai children for people living in europe/US.

eg:

http://www.childrensbridge.com/pages/thailand.html

http://www.flhomestudies.com/thailand.html

i would thus think that adopting a thai child while living in bangkok must be at least as easy or as straightforward as it seems to be while living abroad, if not even faster and easier.

are there no successful stories known among expats living in thailand?

<{POST_SNAPBACK}>

Why would or should it be easy?

There are some kids in Thailand who deserve better or any parents but nobody is going after them to make them available for adoption.

Some live with grandparents, some with alcoholic grandmothers, but they live with someone.

degol, you have to understand one thing - Thais love children and express that in the ways we westerners sometimes can not comprehend.

Just today, my gf and our baby are out in the sticks and when I called my gf said the baby had been taken to some other house and then to another..she did not know where our daugher was. All she knew - the girl is safe and well entertained and spoiled. Thai village community can do wonders, I wish I grew up with that kind of care.

[barryofthailand]

If anyone needs info on adoptong Thai children PM me. I adopted my wifes son, i live in Thailand, but that is not a requirement.

Barry

[GuestHouse]

i am surprised to read that is it nearly impossible to adopt from thailand. there are many NGO webpages explaining how to adopt thai children for people living in europe/US.

The existence of websites/NGOs offerring this service does not necesssarily mean that it is legal or possible to adopt in Thailand.

Like I said, the first thing you should do is contact your embassy and ask them what their rules are.

[GuestHouse]

Requirements for Adoption - Published by Roayal Thai Government

Read this for the requirements, they are clear and conscise

As it says in paragraph one - adoption starts by getting permission back home to adopt.

GUIDELINES FOR INTERCOUNTRY ADOPTION OF THAI CHILD

--------------------------------------------------------------------------------

1. It is necessary for the applicants to make adoption application through the competent social welfare authority in their country i.e. the governmental organization which is responsible for Social Welfare or the non-governmental Child Welfare Organization which is licensed by their Government to handle the matter of intercountry adoption (Competent Authority).

2. Under the Child Adoption Act B.E. 2522 (A. D. 1979) of Thailand, all intercountry adoption applications have to be processed through the Department of Social Development and Welfare, Ministry of Development and Human Security, or the non-governmental child welfare agencies which are particularly authorized by Department of Social Development and Welfare (Authorized Agencies), in cooperation with the Competent Authority and under the direction of the Child Adoption Board of Thailand. The Board members comprise the representatives of various concerned authorities and qualified persons. The Director General of the Department of Social Development and Welfare is designated as the chairman of the Board while the Director of the Department of Social Development and Welfare Child Adoption Center functions as the secretary of the Board.

3. Preliminary qualifications of applicants for adoption are as follows:-

(a) Be at least 25 years of age and be at least fifteen years older than the child to be adopted.

(b- Be eligible to adopt a foreign child under the concerned law of country of domicile..

© Have legitimate spouse.

4. Adoption Applications and documents, including those for adoption of step-children or relatives have to be submitted by Competent Authority to Department of Social Development and Welfare or Authorized Agencies. In this connection, the Competent Authority has to provide Department of Social Development and Welfare or Authorized Agencies with the three document as follows :-

4.1 A Home Study Report made by Competent Authority which should include details of the applicants’ physical and mental health, family status, assets, liabilities and financial standing, personal repute, conditions of place of residence, size of family maturity and ability to give love and care to the child, motivation and any special reasons related to the welfare and interests of the child, parental relationship and obligation with the children born out of previous marriages (if applicable), and other matters pertinent to the applicants.

4.2 A statement approval made by Competent Authority or the responsible authority as the case may be, confirming that the applicants are qualified for adoption under the concerned legislation in their country and are in all respects suitable to be the adoptive parents of a foreign child.

4.3 A statement made by Competent Authority agreeing to supervise the pre-adoption placement of a child in case such placement is granted to the applicants and to provide at least three bi-monthly progress reports to Department of Social Development and Welfare. The pre-adoption placement period is a probationary period of at least six months.

5. An official Application Form (as attached) is to be filled out and returned by the applicants to Department of Social Development and Welfare or Authorized Agencies via Competent Authority. Such completed Form has to be attached with the additional required documents as cited below.

(a) Medical certificate verifying good physical health, mental stability, and infertility of the applicants (if applicable).

(b- Document certifying marriage.

© Document certifying occupation and income.

(d) Document certifying financial status.

(e) Document certifying assets.

(f) Letters of recommendations given by at least two references.

(g) Extract of divorce decree of the applicants (if applicable).

(h) Photographs of the applicants size 4.5 x 6 centimetres, four each including the photographs of the applicants' children (if any) and their home area.

(i) Document from the immigration authority of such particular country permitting the immigration of a child to be adopted.

(j) Confirmation from Competent Authority or concerned Authority that after the adoption in finalized under the Thai law, it will also be legalized under the concerned Law of the applicants' country when due.

6. It is required that all of the documents have to be original and be verified by the Royal Thai Embassy or Consulate in the applicants' country, or sent through diplomatic channels. Accordingly, please note that our official language is Thai. However, English is applicable. Therefore, the documents in other languages have to be attached with their translation, either in Thai or English, which have to be verified by the Royal Thai Embassy or Consulate.

7. For the applicants who have lived temporarily in a foreign country of Home Study Report will have to be made and their eligibility for intercountry adoption will have to be assessed and confirmed by Competent Authority in their country of domicile. Unless the applicants have been living in that country until the adoption is finalized, cooperation may be sought from Competent Authority in the country where they have temporary resided. The competent Authority may prepare the Home Study Report and supervise the pre adoption placement when due. The eligibility for intercountry adoption may be confirmed by the Embassy of their country of domicile in such country. Further more, the permission for the child to be adopted to enter the countries have to be confirmed to Department of Social Development and Welfare by the concerned authorities of both countries.

8. When all of the required documents are received, in certain cases, they will be submitted to the Child Adoption Board of which, the results will be informed to the applicants through Competent Authority whether or not they are approved as prospective adoptive parents.

9. In case the application is processed through Department of Social Development and Welfare, the matching of the prospective adoptive parents with a child who is legally available for intercountry adoption, will be arranged by Department of Social Development and Welfare.

10. In case the adoption application is processed through Authorized Agencies, Department of Social Development and Welfare is entitled to review and investigate (if needed) the background of the child to be adopted in order to be confirmed that the child is legally available for intercountry adoption. This investigation will have to be done before submission of the case to the Child Adoption Board.

11. After matching, photographs and information about background and health condition of the child will be sent to the Competent Authority to the prospective adoptive parents for consideration.

12. In case the prospective adoptive parents accept the child, the case will be further submitted to the Child Adoption Board and the Minister of Labour and Social Welfare respectively, for approval of pre-adoption placement.

13. In case the pre-adoption placement is approved, a definite appointment will be made by Department of Social Development and Welfare or Authorized agencies for the prospective adoptive parents to travel to Thailand in order to meet with and be interviewed by the Child Adoption Board, and then to received the child for pre-adoption placement. If only either one of the prospective adoptive parents can make such trip, a written consent of the absent spouse is required.

14. For the second adoption of Thai child, if could be possible to request for Department of Social Development and Welfare social worker to escort the child to the country of the prospective adoptive parents. All the travel expensed will be paid by the prospective adoptive parents.

15. For children allocated by Department of Social Development and Welfare, Department of Social Development and Welfare will facilitate the issuance of documents necessary for travel of the child. Accordingly, the prospective adoptive parents should manage to stay on in Thailand for about two weeks for this purpose. The prospective adoptive parents have to be responsible for the expenses to be incurred by the travelling of the child to be adopted such as passport fee, and air fares.

16. Upon returning to their country, the prospective adoptive parents are requested to report to Competent Authority in order that the supervision of the pre-adoption placement could be commenced.

17. When at least three bi-monthly reports on the pre-adoption placement have been received and if the placement has been assessed positively, Department of Social Development and Welfare will submit the case to the Child Adoption Board for approval of finalization of such adoption under the Thai Law by registration. The decision of the Board will be informed to the prospective adoptive parents again through Competent authority.

18. It is obligated that the prospective adoptive parents have to register their adoption under the Thai Law within the period of six months after acknowledging such notification. The registration can be carried out either at the respective Royal Thai Embassy or at any District office in Thailand. The adoption is then finalized under the Thai Law. After this, the legalization of the adoption under the concerned Law of the respective country shall be carried out, the outcomes of which shall be informed to Department of Social Development and Welfare by Competent Authority.

19. Please note that it is not possible to apply for more than one child at one time, except twins, siblings or in the case of adoption of children of the applicants' Thai spouse, and it is unlikely that an abandoned child aged below one year old will be available for intercountry adoption. As regards the period of processing an adoption application, it is not possible to specify such length, Nevertheless, in general cases, it approximately takes about 1 - 2 years depending on such related factors as the completeness of the required documents and the availability of a child to suit each individual family of the prospective adoptive parents.

--------------------------------------------------------------------------------

Child Adoption Centre

Department of Social Development and Welfare

Tel. 66-2-246-8651

66-2-247-9480

--------------------------------------------------------------------------------

Edited September 12, 2005 by GuestHouse

[grahamb]

Didn't have time to read through all the requirements that GuestHouse published so not sure if they contradict this...

We know of a Western couple that have adopted 2 Thai children. They have been living in Thailand a few years and I believe that it took them a few years to arrange the adoption.

We also know of Western couples in Thailand who have adopted legally from Cambodia so it can also be done.

Couple of points to be aware of:

1. as mentioned on here, you will need permission from your Embassy first if you want to get citizenship for the child. I have heard of one couple that didn't do this and now are having real problems with citizenship.

2. the Embassies don't seem to know a great deal about adoption while in Thailand - we've heard some horror stories about conflicting information, etc. so if you want to go down this path, be prepared to do a lot of research yourself and be prepared for a lot of bureaucracy. As also mentioned earlier, just because a website says it can be done one way, don't necessarily believe it!

[dr_Pat_Pong]

I think you will find that your own government has in place regulations regarding adoption overseas that include the requirement to obtain permission back home before adopting overseas.

The Thai government regulations where changed to align with the requirements of the Hague Convention on the protection of children.

Call your embassy and ask them for information on this matter - The British and American Embassies will not recognise and adoption that was not first cleared with permission to adopt back home - The upshot is they will not issue visas for a child that has been adopted without prior clearence.

<{POST_SNAPBACK}>

Excellent advice. That step is an imperative one.

[GuestHouse]

To clarify what Grahamb just added, permission is not given by the embassy to adopt, that is given by the organisation (child welfare office or adoption agency) in your home country, they apply all the same criteria that they would if you are adopting back home.

The embassy cannont issue travel visas etc to a child without there being permission to adopt from back home.

[degol]

Didn't have time to read through all the requirements that GuestHouse published so not sure if they contradict this...

We know of a Western couple that have adopted 2 Thai children. They have been living in Thailand a few years and I believe that it took them a few years to arrange the adoption.

We also know of Western couples in Thailand who have adopted legally from Cambodia so it can also be done.

Couple of points to be aware of:

1. as mentioned on here, you will need permission from your Embassy first if you want to get citizenship for the child. I have heard of one couple that didn't do this and now are having real problems with citizenship.

2. the Embassies don't seem to know a great deal about adoption while in Thailand - we've heard some horror stories about conflicting information, etc. so if you want to go down this path, be prepared to do a lot of research yourself and be prepared for a lot of bureaucracy. As also mentioned earlier, just because a website says it can be done one way, don't necessarily believe it!

<{POST_SNAPBACK}>

it is really great news to hear that there are personal experiences of successful adoption from thailand or even cambodia for foreigners living in bangkok. certainly gives us hope.

the one point, as grahamb was mentioning, would i guess be if there is some residency requirement in thailand to be eligible to adopt. eg must one be living at least 2 years in thailand before being ale to start the adopt ion process. wonder if anyone knows about this.