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Adoption in Thailand |
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Under what legal provision may a Thai child be adopted by a foreigner? |
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The Child Adoption Act 2522 (1979) provides strict requirements and procedures for the adoption of children in Thailand. The process can be lengthy and complex, taking up to 2-3 years to complete. Both Thai adoption procedures and the procedure of the adopting couple’s home country as defined by the relevant foreign government’s organization responsible for social welfare (or any non-government child welfare organisation (NGO)), licensed by the relevant government for the purpose of intercountry adoption) must be followed.
| Who is the authority in Thailand responsible for adoption? |
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The Child Adoption Center of the Department of Social Development and Welfare (DSDW) is the sole government agency responsible for the adoption of Thai children. There are, in addition, four NGOs licensed to deal with child adoption cases where the child is to be placed abroad. These are:
| What are the procedures for a Thai child to be adopted by a foreigner? |
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The basic preliminary requirements under the Child Adoption Act are as follows:
Applicants must:
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Be at least 25 years of age
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Be at least 15 years older than the child to be adopted
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Be legally qualified under the law of their home country to adopt a child
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Have a legitimate spouse, assuming the applicants are applying as a couple
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It is not possible to make an application to adopt more than one child at one time, except for twins, siblings, or in cases of the adoption of an applicant’s Thai spouse.
The following is a broad outline of the steps required to adopt a Thai child:
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Obtain application forms from the Department of Social Development and Welfare (DSDW) – applicants will need to provide biographic, financial and health information in these forms.
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Applicants engage an adoption agency or child welfare organisation, licensed in their home country. Note that this agency must also be licensed by the DSDW in Thailand. A list of recognised agencies may be obtained directly from them.
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The licensed agency collates the application form and all supporting documents for submission to the DSDW. The application must include the following:
- A completed home study which must be conducted or endorsed by an agency approved by the DSDW
- A statement from the adoption agency of the home country confirming that once the adoption is finalised under Thai law, it will also be lawfully recognised in the applicant’s home country
- A formal statement provided by the licensed foreign agency stating a commitment to supervise the pre-adoption placement period of the child and provide at least 3 bi-monthly reports. The period of supervision must be for at least 6 months.
- Medical certificates
- Birth Certificates
- Marriage Certificate
- Proof of termination of previous marriage (if applicable)
- Proof of occupation and income
- Complete financial statement
- Recommendations from two responsible persons
- Current license of foreign adoption agency
- Photographs of applicants (in a prescribed format)
- Statement from the relevant authority permitting the immigration of the child
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All the above documentation must be in either Thai or English (or, if not, a Thai or English translation must be provided), and certified by the Thai Embassy or one of the Thai consulates.
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Assuming the documentation is acceptable, DSDW or one of the NGOs will attempt to match the applicants with a child. The applicants will then be provided with photos and background information about the child
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If the applicants advise the DSDW they wish to proceed with the adoption, the application will be passed to the Child Adoption Bureau (CAB) for review. If the CAB agree to the suitability of the applicants for pre-adoption, the case is referred to the Minister of Social Development and Human Security for authorisation.
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Once formal approval has been given for the pre-adoption placement, DSDW or one of the NGOs will arrange for the applicants to be interviewed by the CAB. If married, both applicants must attend this meeting.
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On the day of the interview with the CAB, the DSDW will normally arrange for the issue of the necessary travel documents for the child, including a Thai passport. The adoptive parents will also usually receive the child on the same day. DSDW does however recommend that adoptive parents arrange to stay in Thailand for at least two weeks, since the issuance of documents may take longer.
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At this point, the adoptive parents apply for an immigrant visa from their home country.
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Once the adoptive parents have returned to their home country and the 3 bi-monthly reports on the pre-adoption placement have been returned to the satisfaction of the DSDW, they will refer the case to the CAB for final approval under Thai law.
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The adoptive parents must register the adoption under Thai law within 6 months of notification of finalisation by the CAB. This may be done at a Thai Embassy or Consulate.
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