My Status In Thailand Regarding Wife's Adopted Child?

[Torrens54]

A number of years ago before my wife and I married, we decided to adopt a child (now a teenager) My Intended wife thought it simplest if she did the adoption and put in the papers before she joined me in Australia. Nothing happened until some time later when we were married (under Australian Law) and living in Australia. Wife was advised that she needed to attend an Interview with authorities in Thailand. She did and in fact made a couple of trips for more interviews and then for the actual adoption.

We lived in Australia for a few years and are a very happy family.1: What would happen if anything happened to my wife, would I still be able to be the "father" of our adopted child here in Thailand?

2: If I were to pass to the great beyond, any ideas on where it would leave my Wife and/or our daughter if they wanted to resume living in Australia. They both have PR Status in Australia but not citizenship.

Muzza, CNX.

[Mario2008]

1. I'm not sure if you are currently the legal father of the child, the amphur should be able to tell you that who is listed as that, but if not the court will appoint you the legal guardian of the child as they will not take her away to start living elsewhere should your wife die before the daughter becomes of age. Your wife can make a will appointing you as her daughters guardian, to give you a stronger claim.

Can't comment on your 2nd question. But of influence might be if you are the legal father of the child and adopted her as well.

If not the legal father you can consider adopting her as well and becoming the legal father.

As legal guardian you are the care taker of her, till she becomes of age. As legal father you establish family ties, which goes further and also takes in account inheritance, obligations to maintenance to each other and maybe nationality.

[Torrens54]

1. I'm not sure if you are currently the legal father of the child, the amphur should be able to tell you that who is listed as that, but if not the court will appoint you the legal guardian of the child as they will not take her away to start living elsewhere should your wife die before the daughter becomes of age. Your wife can make a will appointing you as her daughters guardian, to give you a stronger claim.

Can't comment on your 2nd question. But of influence might be if you are the legal father of the child and adopted her as well.

If not the legal father you can consider adopting her as well and becoming the legal father.

As legal guardian you are the care taker of her, till she becomes of age. As legal father you establish family ties, which goes further and also takes in account inheritance, obligations to maintenance to each other and maybe nationality.

Many thanks for your suggestions (Superb Member) My wife obtained consent and signatures from both the Birth Mother and the Natural Father (natural father had never even seen the child) prior to the adoption her in CNX. The "will" option is good but I'll talk with my wife about getting something more formal. This will no doubt help should our daughter want to return to Australia at some future stage either with us or on her own. Once again, sincere thanks for your thoughts on the matter.

[Goinghomesoon]

Murray if you are in Australia and intend staying here, you and your wife can also look at a step-parent adoption under Australian law, or a Family Court order (which is not an adoption but can give you some parental-type rights). Each state has different requirements and step-parent adoptions are administered by your state welfare department. I don't know where you are, but for the ACT information is here http://www.dhcs.act.gov.au/__data/assets/pdf_file/0017/11708/DHC1628_stepchildrenandadopt2.pdf