From a weak adoption to a strong adoption

[lucaso]

Hi Guys

I been dealing with this issue for a long time , I live in Thailand for more than 15 years

3 years ago I adopted my Daughter , she is 5 years now me as a Dutch citizen like to apply for her a Dutch passport I have all official documents Translated and legalizes bij the Ministry of Foreign affairs.

Now I went to the Dutch ambassador and they told me that all papers where ok , but That Thailand only know a so called Weak adoption this need to be changed into a Strong adoption .

They advise me to contact a lawyer in The Netherland to start this juristic process it need to be done by a judge in the Netherlands , ado this is just a Administrative process

Anyway I contact the Lawyer and he told me that it only possible to start this if I am legal in The Netherlands well that’s the point I live here in Thailand

so my question to you is did anybody had this topic before and please someone give me advice in this fragile cause .

Cheers

Lucas

[ubonjoe]

Moved to the family and children forum.

[ubonjoe]

Not familiar with Dutch law. But for many countries in order for your child to get citizenship it requires you to be the natural father from birth. For adopted children it requires first getting residency in the country and then after some time applying for citizenship.

[Mario2008]

Not sure what a weak and a strong adoption are. I presume they mean that you only adopted the child under Thai law and not also under Dutch law acording to the rules for an internaitonal adoption. If only adopted under Thai law the Dutch government will not recognise the adoption and you must follow the international adoption rules.

If not, you cna PM me in Dutch the info you recieved from the embassy and the lawyer and I can have a look at it. (On the forum English only, per forum rules).

[SantiSuk]

Mario's advice is consistent with the position when I looked at adopting our 'daughter' either in the UK or in Thailand 4 years ago. Unusually she is not my wife's daughter (hence the quote marks) - she is my wife's young cousin, but that doesn't alter anything relevant to this issue.

The only slight variant is (and I'm not 100% on this) that my understanding was that a Thai adoption would still comply with international adoption rules (since Thailand is a signatory to the agreements) but the adoption would have had to be processed by a UK-based adoption agency (eg local council) in order for our daughter to be granted automatic settlement in the UK. In other words UK law would recognise her as my daughter for all (/most?) purposes other than settlement.

Otherwise with a Thai adoption (which would necessitate me getting a UK-qualified lawyer to confirm to the UK embassy in Bangkok that I was not ordinarily resident in the UK any longer and both of us then going through Thai adoption checks) my daughter would have to go through the same settlement processes as my Thai wife if I wanted to take her to live in the UK.

Edited June 6, 2015 by SantiSuk

[Mario2008]

In many regards there is indeed no problem with only a Thai adoption, but as you say there is regarding settlement and obtaining your nationality. Inheritance might also be a problem, but not sure on that.

[lucaso]

Thanks guys so far for your kind answers

In the meanwhile I had Contact with an adoption Lawyer in the Netherlands and he told me he can only apply for a court file to make from weak to strong adoption if i legally life in Holland

with my Daughter. The Court progress can take months

so here we have 2 parents both dutch citizen who are almost forced to go back to Holland to life there so they can apply for a dutch passport for there daughter . i really hope there is a other way

there must been more guys here in Thailand in the same situation .

cheers

Lucas

[Mario2008]

1 post removed.

Do not post in other languages than English and for your on privacy no phone numbers.

[kevc]

Just been to get a confirmation of non residence in the U.K. from the embassy and it states.

'In cases where the adoption has been effected after 3 January 2014 and under the law of the country named on The Adoption (Recognition of overseas adoptions) Order 2013, such as Thailand, the adoption will be automatically recognised under English and Welsh law.

An application for entry clearance in respect of a child adopted in Thailand can be made at the Visa Processing Centre. A separate application for British citizenship must made be if the parents wish to apply for citizenship for their adopted child.

Seems to be worded that you don't need an international adoption now, anyone have any experience of this just noticed when I got home so didn't ask at the embassy.

[WhoWhenWhyWhat]

Please disregard as I have found a post on adoption. Thank you!

Can someone assist me by listing the procedures of adopting a child in Thailand?

My wife and I, have not been blessed with a child. She's 33 (Thai), and I'm 47 (British) but will be naturalized in the future

We have been trying for 5 years, and had both undergone fertility test twice, the most recent was 4 months ago and results were nothing but positive all around.

Adoption is something we have discussed and an option we considered seriously.

Guidance duly appreciated!

Regards

Edited June 11, 2015 by WhoWhenWhyWhat