Want To Adopt A Thai Child, Anyone Have Experience?

[chanwit]

My wife called DSDW. She explained our situation, the person on the phone said we could apply (19 forms) and specify our preferences for age, gender, and special needs or not, and that they estimate it would take about 1 year to match us with a child. My wife indicated that she was thai and I was american. She didnt specifically discuss the implications of nationality, but they asked what our nationalities were, so I guess it is faster if one person is Thai, since a wait time of 3 years has been estimated in this thread for pure expat couples. Interesting question was raised above about the legal implications of a purely Thai adoption, Mario2008 mentioned that a purely thai adoption might not be recognized in the US. I will consult an attorney about that. As long as there dont appear to be issues getting the adoption recognized in the US, then I think we will go in to DSDW and fill out the application. Thanks for any advice and I'll post any info I get after investigating.

Also if anyone has actually done this and has any experience or advice to share, I'd be interested in hearing it.

My wife called DSDW. She explained our situation, the person on the phone said we could apply (19 forms) and specify our preferences for age, gender, and special needs or not, and that they estimate it would take about 1 year to match us with a child. My wife indicated that she was thai and I was american. She didnt specifically discuss the implications of nationality, but they asked what our nationalities were, so I guess it is faster if one person is Thai, since a wait time of 3 years has been estimated in this thread for pure expat couples. Interesting question was raised above about the legal implications of a purely Thai adoption, Mario2008 mentioned that a purely thai adoption might not be recognized in the US. I will consult an attorney about that. As long as there dont appear to be issues getting the adoption recognized in the US, then I think we will go in to DSDW and fill out the application. Thanks for any advice and I'll post any info I get after investigating.

Also if anyone has actually done this and has any experience or advice to share, I'd be interested in hearing it.

I am an American with Thai wife and her Thai daughter. I have just completed the entire process of adoption of my step daughter. It took a little over 2 years. The process for our situation could have been less than a year but Thai new events slowed the process:

1. The election of a new PM meant that we could not meet with the final board member approval until those political positions were designated by the new government. That must have been a 4 month delay.

2. A new adoption requirement needing a back ground check by the International Police (Interpol). This was in addition to the Bangkok police finger printing and background check and the letter required from my home country FBI background check. This letter from the FBI stated that I had no arrest record.

3. The floods cause a few months delay.

4. Our assigned social worker took a new upward mobile job with the government and we lost priority in our case because she had to juggle the 2 jobs. The DSDW does not assign a new case worker if the original social worker has already done the home visit and has been closely attached to the case. We didn't know this until I tried to reach her office and ask for her.

I found that the secret to getting attention is to get their Fax number and send it to the case worker's attention. This way other people in the office can read your concerned message as they pass the fax along to to the case worker. The case worker is still required to report in to clear their cases on a part time basis.

The day we went to the DSDW for the Board Approval there were other 2 other couples from Canada. One couple said that it had took over 6 years for the adoption but they were not living in Thailand and did not already have an adoption candidate. They went through an agent in Canada.

I have been at the DSDW and talked to walk in foreigners inquiring about adoptions and they were told that the quotas had been filled for the year and they were turned away.

Now having said all this I have a question of what to do next with the US Embassy, I've read that an adoption needs to be registered with the embassy. there is no immediate requirement for an immigration visa and then there are these treaties that Thailand is not a member of and different forms for that (I-600, I-600A, and I-130). I feel that it is necessary to inform the Embassy for the child's welfare but where to go?

[Mario2008]

Contact the embassy, by phone or email, i'm sure they will guide you in the right direction.

[blossombkk]

I would suggest to consider a thai adoption by your wife only as a single mother, and after having the child work on the adoption on your side.

[BuddhistDruid]

I just came across this official US government website on adoption and thought it would be relevant for some. You can actually check the rules for adoption by a US citizen for any country. The link below is the specific section that deals with Thailand. For any American thinking about adoption, please read this very carefully, as it explains the process in detail.

http://adoption.stat...select=thailand

One interesting thing I learned from this site is that Thailand *IS* a signatory to the Hague Convention on child adoptions since 2008, so for anyone from any country looking to adopt, you will need to follow the standard Hague Convention protocols.

Edited July 3, 2012 by BuddhistDruid

[BuddhistDruid]

Now having said all this I have a question of what to do next with the US Embassy, I've read that an adoption needs to be registered with the embassy. there is no immediate requirement for an immigration visa and then there are these treaties that Thailand is not a member of and different forms for that (I-600, I-600A, and I-130). I feel that it is necessary to inform the Embassy for the child's welfare but where to go?

Since 2008, Thailand is a signatory to the Hague Convention, and therefore you can no longer use an I-600. You will need to fill out an I-800, and because you have already completed the adoption process that may be difficult. One way to proceed would be to get the adoption voided in Thailand (if possible) and start over again using the correct Hague Convention protocol.

As for the US, US citizenship is automatically conferred to an adopted child when the child enters the US on an approved adoption visa. If you have no desire for a visa to the US, then there is no need to do anything at the embassy. But without an adoption visa the child will not be officially recognized as your child by the US.

I found this link, which you should read very carefully. The most important part is as follows:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0dc16c30c3fac110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Adopting or obtaining custody of a child before provisional approval of a Form I-800 is not consistent with the principles of the Hague Adoption Convention, and may complicate the adjudication of the child’s Form I-800. A cardinal principle of the Hague Adoption Convention is that a child’s eligibility to immigrate to the prospective adoptive parent’s country should be resolved before completion of the proposed adoption. The purpose of this principle is to minimize the risk that a child will not be able to join his or her prospective adoptive family in their home country. As clearly stated in the instructions to Forms I-800A and Form I-800, and in 8 CFR 204.309((2), prospective adoptive parents are cautioned not to accept a proposed adoption placement, or complete an adoption that is subject to the Convention, until after USCIS has provisionally approved the Form I-800 and the Department of State has issued the article 5 notice under 22 CFR 42.24(i).

The prospective adoptive parent should make every effort, under the law of the sending country, to have the premature adoption or custody order voided, vacated, annulled, or otherwise terminated, before filing the Form I-800. If the prospective adoptive parent presents evidence from the Central Authority of the country of the child’s habitual residence establishing that the law of that country does not permit the adoption to be voided, vacated, annulled, or otherwise terminated, USCIS will notify the prospective adoptive parent of any additional evidence that may need to be presented in order to support provisional approval of the Form I-800. Prospective adoptive parents should keep in mind that, in at least some cases, adopting the child before provisional approval of the Form I-800 may require USCIS to determine that the adoption does not comply with the Convention and, consequently, cannot be the basis for approval of a Form I-800.

Again, if you have no intention of your child ever immigrating to the US, then the above is not relevant. But US citizenship is conveyed only when he does immigrate (or at least obtain the adoption visa and visit). So as long as you are content being the father of the child in Thailand but not in the US, there is no need to do anything at the embassy.

Edited July 3, 2012 by BuddhistDruid

[gregb]

I just came across this official US government website on adoption and thought it would be relevant for some. You can actually check the rules for adoption by a US citizen for any country. The link below is the specific section that deals with Thailand. For any American thinking about adoption, please read this very carefully, as it explains the process in detail.

http://adoption.stat...select=thailand

One interesting thing I learned from this site is that Thailand *IS* a signatory to the Hague Convention on child adoptions since 2008, so for anyone from any country looking to adopt, you will need to follow the standard Hague Convention protocols.

Great link!

Obviously, the person I talked to at the US embassy had no idea what they were saying. Funny...I expect that in Thailand, but I tend to hold embassy representatives to a higher standard. Since both the US and Thailand are signatories to the Hague Convention Treaty on Child Adoptions of of 2008, there clearly is an agreement between them for recognizing adoptions. But it requires being approved by the US government first.

[Pormax]

I would like some advice on my situation please regarding adoption.

Here are the details:

I am English married to a Thai lady. Have been living in Thailand for 2 years and have no intention og going back to UK. My wife's sister and her husband split up and their daughter (14 years old) does not want to stay with the mother or father but wants to be adopted by my wife. Both her parents agreed to this. Went to the Buriram DSDW ofiice together with legal parents and child. Explained about everything. Because we thought it would be more complicated if I also adopted the child then went through the process of only my wife seeking adoption. This did not seem a problem then (4 months ago) all the paperwork was signed by all interested parties and family witnesses then 2 months later we had letters telling my wife that the process had been gone through everything was ok and had 'Passed' but to wait for a final meeting then we would get a final letter saying everything was completed. Today when we contacted the office they say application at the final meeting did 'NOT PASS' as I had not applied to also adopt, only my wife and that I have to adopt aswell even though I have stated I will not be taking the child to UK. This was ok at the initial meeting but now I have been told I have to go to Bangkok (don't know why or where). The only real reason for adopting my wife's neice is so that we are able to sign on her behalf if say an accident occurs and she needs an operation or for some other reason that may occur that she needs a parent to sign such as at school. I do not want dual citizenship for the child or to claim any allowance from the UK for her. I understand that there is no such thing as applying for legal guardianship.

To go through the process of adopting what will I have to do? Anyone have any experience like this or any ideas of what I have to do. British Embassy not that helpful.

[Mario2008]

Not sure what you mean if you say you didn't want to adopt.

There are two kind of adoptions, a Thai adoption and an international adoption. Only the last one is recognised by your country and requires more time and paperwork (= money). Did you also refuse the Thai adoption, which would suit your need? Maybe that is the minunderstanding.

Bangkok could mean DSWD head quarters.

Not sure if the gilrs parents can't give you a power of atorney to be the caretaker of the girls and make relevant decisions such as in case of an illness. That is something one must ask a lawyer. Given the fact that a very large percentage of Thai children is raisded by family other then their parents it should not be a problem.

[Pormax]

Mario2008, thanks for your reply. No the only reason I said I did not want to adopt my wife's neice was because I was given to believe that to do so being a Farang that it would be much more complicated and take a lot more time because it was assumed I would wish to take the child to UK. It seemed so much easier and quicker to let my wife only adopt her and this what initially we were told we could do. I did not know there was a difference between an International adoption and a Thai adoption. Do you know what that is and could you explain? The excuse/reason given for not granting my wife the adoption was thatshe is married to a Farang and has my surname!!

Yes A power of attorney would be one way to go but down the line the roles might be reversed and the 'adopted child' would not be in the position to sign anything relevant to the adult(s) taking care of her.

I thought the trip to Bangkok was to DSDW HQ but I do not understand why this is necessary or what I am supposed to do there. I do not want to take an 8 hour round journey and not be prepared and then given the runaround.

Edited July 23, 2012 by Pormax

[Mario2008]

Basically, a Thai adopton is an adoption according to Thai law only. An international adoption is an adoption according to both the laws of Thailand and the laws of your home countries. That is a more complicated process. The advantage of an international adoption is that this adoption is recognised by your home country and often the child can also acquire your nationality.

Where as a Thai adoption would not be recognised by your country and would make the child require a visa etc to visit your home country.

An adoption in Thailand can only happen by a married couple if i recall correctly.

Some more info here: http://thailawonline.com/en/family/children/adoption.html

If the request was rejected, there seems to be no need to go to Bangkok. So at least the "not pass" is not final. I suspect that HQ in BKK will have more experience in these matters then Buriram DSWD.

[krisb]

My boss adopted a 1 year old girl from thailand a year ago. it cost him and his wife about 50.000 aus dollars. to me thats alot id rather my wife get pregnant again! but if you do adopt, in my eyes you are doing a wonderful thing to help a poor little kid who only deserves loving parents.