Thailand Law Firm

Many fail to see the indirect costs of not having legal help, which is far more costly than having one by at your disposal. Unintentional errors may result to imprisonment or a fine. See also the US Embassy Interview as well.

As we all know, web information is not always that reliable, unless the author is a lawyer himself. With the wide-scoped environment of the internet, it has been proven that most websites are not providing the most updated information. This is where the importance of seeking legal assistance comes in handy – because of the complexity of Thai laws and policies. Changes take place every now and then, especially in Thai immigration, which alone justifies the importance of hiring professional help. You can also look at the Thai adoption process on this website.

Thailand law firms have several benefits, and much of it goes around comfort and convenience. For most, the processing time is faster than doing it by yourself. Professional law firms possess the technical knowledge and understanding of how the policies operate. They can provide you with some of the best advice, focusing on the aspect that you are currently having trouble with. Lawyers are capable of assessing one’s situation and create prompt solutions increasing the individual’s chances of being approved. See also the Adoption Stats in Thailand.

Thai Adoption Law

Next benefit of having a Thai lawyer is during the gathering and preparation of all required documents. Many fail to consider that if you fail to enter the correct information. Be this intentionally or not, could cause rejection of your application or any process being undergone. For immigration lawyers, they are well aware of visa privileges after adoption. This as some visas have underlying benefits that are hard to recognize by applicants, failing to take advantage of it. With an adoption lawyer, applicants are well informed regarding the privileges covered by their visa and adoption knowledge.

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Translations and Residency

Language Usage

In Thailand, the language in all the document would be in the Thai language. They do accept English on adoption documents but any other language needs to be translated and certified. For example, if you are French or German then all your documents would be in the French or German language. These documents would need to be translated into Thai and be certified abroad at a Thai Embassy or Thai Consulate in your home country.  These documents can either be sent via your attorney in Thailand or via diplomatic channels to the authorities in Thailand.

Residency Abroad

If you have lived abroad or are still living abroad, then the competent authority might not always be the same. As an example, an American living in Singapore where he lives and works and has been there for more than 6 months would need the documentation for the competent authority in Singapore. It would also require a letter from the Singaporean Embassy in Thailand to confirm his domicile in Singapore. It is best to engage an attorney in Thailand for this type of adoption as it will become very complicated. The child would have to be able to live in Singapore but also later move to the United States when the adoptive parents move back home. These types of adoptions are rare but they do occur in Thailand. You are best advised to take proper legal advice beforehand.

Adoption Process Continued

If you have read the page on adoption documents then you will understand the above much better. Once all the documents are received, it will now be forwarded to the Child Adoption Board in Thailand. Their decision will then be sent to the local competent authority (DSDW or Agency) which will then relay the decision to the adoptive parents or their attorney in Thailand.

Child Selection

As noted that there are two systems in Thailand. The first is the government DSDW and the other is that of an authorised agency. Matching the adoptive parents to the child if done directly by DSDW then there is no review on the issue of which child matches which parent. If however it was done via an agency then the DSDW will review the match.  This review will be done before the matter is submitted to the Child Adoption Board of Thailand. It is something to keep in mind while adopting a child in Thailand.

As always you are best advised to seek legal assistance from a law firm in Thailand who can assist you during the process. The adoption process takes about two years to complete so it is always best to start on a good footing.

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Thailand Adoption Process

The Thai adoption process starts when you make an adoption application through the competent social welfare authority in their own country.

The Child Adoption Act of B.E. 2522 (1979) of Thailand governs the adoption process in Thailand in terms of Section 5 of the Act. In terms of Section 6 of the Act it stipulates that:

No person, except the Public Welfare Department, the government agencies authorized by the Public Welfare Department or the Child Welfare Organizations licensed by the Director-General, shall take action in arranging the adoption of any child, directly or indirectly. Section 7 of the Act stipulates that an authorised agency can also start the inter-country adoption process. There are only a few of them in Thailand which can act under Section 7. This section of the Act stipulates that:

A Child Welfare Organization wishing take action for adoption of children by others must apply for license from the Director-General. The law stipulates that only the Department of Social Development and Welfare (DSDW: Competent Authority) or (Authorized Agencies) may do this. The following agencies are authorised under the supervision of the Department of Social Development and Welfare Organization:

• Holt Sahathai Foundation
• Friends For All Children Foundation
• Pattaya Orphanage
• Thai Red Cross Foundation

Qualification of applicants for adoption

If you wish to adopt a child in Thailand then you will need to meet the following criteria in Thailand:

You must be at least 25 years of age;
Also you must be at least 15 years older than the child to be adopted;
You must be eligible to adopt a foreign child under the law in your country;
You must be legally married in you are applying as a family.

Now you will need to provide 3 sets of documents to the authorised agencies or the DSDW when you are planning an adoption. This applies to both inter-country adoptions as well as to adopting your step children. See the article on adoption documentation on this website as to what is required from the adoptive family. Speak to a Thai lawyer about the Thailand adoption process.

Always seek legal advice while in Thailand if you are going to adopt a child as an inter-country adoption (international adoption) or if you are going to adopt your stepchild in Thailand. Remember that foreign visas would also need to be arranged after an adoption. As you will note from the adoption statistics for Thailand that the most common visa out of Thailand for adopted children tends to be the IH-4 visa for the United States.

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Thai Adoption Documents

Home Study Report

The first document you will need is a home study report. This is done by a competent authority and will be an investigation not only into your mental but also your financial abilities. This is one of the most important reports in the adoption process. If you have ever purchased property and asked for a due diligence report on a property, then this would be the equivalent of a due diligence on you as a person. It’s just called a home study report in these circumstances.

They have to check your assets and financial standing. Also your reputation, where you live and how you live. The size of your family and your motivation and reasons for the adoption. If you are divorced, they will have to look at your previous marriages and also the relationship between you and you other family member including any children you already have. Likewise see also the Post Adoption Problems as well as the Australians adopting in Thailand.

Statement of Approval

Once you have a home study report, then you will also need a statement of approval from the competent authority. This will state that, in their opinion, you are qualified and capable of adopting a foreign child. This is a very important document and you will get this after the home study has been completed. In Thailand, this will be one of the documents required outside of the home study report.

Statement of Supervision

The final document is a statement of supervision from the competent authority as accepting responsibility for the pre-adoption placement and to provide the DSDW with three bi-monthly reports. The pre-adoption placement is a probationary period of at least 6 months.

Adoption Application

The adoption application form has to be completed with the competent authority and list further details of the person doing the adoption. The information required has been listed below:

– Copy of passport or identity card
– Copy of document certifying marriage or divorce (if any)
– Medical certificate verifying good physical/mental health indication
– Document certifying occupation and income
– Also document certifying current financial status (dating back not more than six months);
– Document certifying assets owned
– Four photographs of the applicant and spouse
– Copy of law, regulation certifying the eligibility of the applicant to adopt a child
– Copy of law, regulation certifying the eligibility of an adopted child to enter country (visa)
– Letter of consent for adoption from the applicants’ spouse
– Copy of work permit of alien (if any); and work contract (expat based in Thailand)
– References certifying the suitability of the applicants for adoption from at least two persons
– Confirmation from the competent authority that the child will be legalized in your country
– Police check / Criminal record from the country of domicile and residence

Those are the documents and information required for a successful adoption in Thailand. Should you require more information then contact a lawyer in Thailand or ask us on the chat messenger on the sidebar for more assistance and information. See also the adoption process in Thailand on this website.

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Adoption Board Interview

You can see the list of authorised adoption agencies in Thailand listed on this website.

The Interview

Note that according to Thai law both parents will have to attend the interview once it has been arranged. Adoptive parents will have to stay in Thailand for at least two weeks as the needed legal arrangements also need to be made for travelling abroad with the child. The DSDW will make the needed arrangements for the child to travel abroad with the adoptive parents.

Once the finally paperwork has been completed and the child has been legally authorised to leave the country it is now up to the adoptive parents to arrange the visa application,  passport fees as the child will require a Thai passport for the foreign visa. There is also medical fees and airfare which the adoptive parents would need to pay for and arrange. Most adoptive parents make use of a law firm in Thailand to do this for them. You will come to note that there are very few law firms which do adoptions in Thailand. This due to its timelines and complexities. Note also that by the time you have reached this stage of the adoption process it will be about 2 years since it was initially started. From the adoption statistics you will note that most adopted children who leave Thailand are at least 2 years old.

Other Issues

Other issues you might not have thought of is that you can only adopt one child at a time. This unless they are siblings or the step children of your Thai spouse. Most children in Thailand who are up for adoption range between the ages of 6 months and 4 years. Note that if a child is over the age of 4 or have medical problems or disabilities. These are all viewed as special needs children. Also note that there are fees involved when adopting in Thailand. The only fees you will encounter are attorney fees if you had secured a law firm and fees such as visa, passport or airfare costs.

Once the child is back in your home country. You will need to inform your competent authority that the child has arrived. So that the bi-monthly reporting can begin. This insures transparency under The Hague Convention and ensures that the child is adapting well.

One last legal issue that you have to consider is that. Once the adoption has been completed and before you leave Thailand, you have to take the adoption papers to the local Amphurs office (District Office) and register the adoption in terms of Thai law. This has to be done within 6 months of notification. If you have left Thailand and not completed it, then you can have this done at the local Thai Embassy in your country.

Seek legal advice on all legal matters in Thailand. This website only gives you a guide as to the adoption process and should not be substituted for proper legal advice. See more on the adoption board interview on this website.

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