Adopting A Thai Child

[NowImEasy]

My gf and I have a child, now one year old. Our plan is to travel to the US and marry on the fiance visa. Our son is already a US citizen after doing the paperwork and DNA at the embassy.

Now here's the question, after a little background story. On the very night that our baby was conceived, my gf's brother was killed in a car crash. Her brother had sole custody of his 5 year old daughter, and was divorced. So my gf's mother took over the care of the young girl. Early this year, my gf legally adopted the girl so that I could, at a later time, also adopt her. I think she will be my step-daughter when we marry.

So my question to anyone familiar with Thai law and custom is this. Would a judge in fact allow my gf to adopt the girl? I was told by a Thai friend in the US that a Thai judge would never let a single woman, who already has a child out of wedlock, adopt a child. My US friend said that Thai law and custom would only allow an adoption to a stable, married couple.

Any opinions? I don't know why my gf would lie about this, but This is Thailand, so anything is possible.

[Mario2008]

Correct, adoption requires a stable marriage. Also the mother would have to agree to the adoption, but this can be set aside by a judge in the inetrest of the child.

Your GF could be awarded custody over the child, it means she would not become the legal parent of the child but would become the legal guardian of the child. (In esesence be her care-taker untill she bacomes of age and can make her own decision). She might be confused between these two things. But entirely unpossible that she adopted the child it is not.

[tripplejjj]

I would like to chime in. Adopting a child is unique in that it is a case by case.

Would a Thai judge let a single woman, who already has a child out of wedlock, adopt a child? The best answer is: YES, if it is in the best interest of the child; NO, if it is NOT in the best interest of the child.

A judge takes many things into consideration before deciding whether or not it is in the best interest of the child.

Early this year, my gf legally adopted the girl so that I could, at a later time, also adopt her. I think she will be my step-daughter when we marry.

So my question to anyone familiar with Thai law and custom is this. Would a judge in fact allow my gf to adopt the girl?

You made a statement above that your gf had legally adopted the girl early this year. Later, you asked if a judge would allow your gf to adopt the girl. If the girl was legally adopted already, then end of story. If you meant that your gf had legal custody, then the chances are high that she would be able to adopt the girl. In order to make it happened, your gf needs to proof to the judge that her adopting the girl is in the best interest of the child.

Ok, the US Immigration has rules about bringing an adopted child to the US under an immigrant visa. It is the two years rule. I bring this up because my wife and I wanted to adopt her sister's son (9 y/o) and bring him with us to the US. Unfortunately, due to our poor planning, we realized that the law prohibits us from bringing him to the US because we did not satisfied the two years requirement.

USCIS - Immigration Through Adoption

Parents must accrue two years of legal and physical custody and obtain a full, final adoption of the child to be eligible to file an I-130. Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption. The two years must be accrued BEFORE you file Form I-130. Also, the adoption must be finalized before your child's 16th birthday (or 18th birthday if they are a biological sibling of a child you have already adopted or will adopt). Your child will receive an IR-2 immigrant visa if he or she is found eligible.

If you are seriously considering adopting the girl, my advice would be for you two to get legally married, then both of you legally adopt the child now. Wait two years with legal and physical custody of the girl and immigrate to the US as one happy family.

It is sad when the laws prevent us from trying to do the right things!

[NowImEasy]

Very interesting advice..khop khun. Well the reason that I said that my gf had adopted Dream, and then questioned whether this would be allowed, is the fact that I believe that many Thais will "not tell the truth" about many things. And its not necessarily for malicious reasons. I'll never understand Thai reasoning, but I believe that lying is used either because its easier than explaining the truth, or that they think that we are so stupid that we would not understand.anyway. And I plead guilty the the latter charge, but I'd still like the truth. usually