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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Issues in Adoption

Thai Adoption Adjustments

Post Adoption Problems

Australians adopting in Thailand

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US Embassy Adoption Interview 

The responsibility at the US Embassy interview is to review the process again and determine the following:

• Review the I-800 petition;
• Verify that the child meets the criteria as an orphan;
• Check that you have legal custody;
• Check the visa medical reports;
• Confirm that the child has a Thai passport.

Once your adoption has been approved by the Thai Adoption Board then will issue you with the needed documents to issue the child with a Thai passport. The Embassy will check that this is available. The following documents will be needed by the US Embassy so ensure that you have copies in the event that they need to keep certain documents such as the child’s new birth certificate and the adoption decree.  The documents needed at the interview are:

• Proof of your U.S. Citizenship (your passport)
• Marriage Certificate / Divorce and/or death certificate
• Verification of a favorably recommended home study
• Notification by USCIS of I-600A or I-800A approval
• Final adoption decree or official proof of custody from the country-of-origin
• The child’s birth certificate
• The child’s passport (from the child’s country of origin)
• The completed and signed medical examination report
• Police, military, or prison records, if required
• Three (3) frontal photographs of the child’s face
• The visa application (Form DS-230, Parts I and II)
• Completed I-600 petition (if it was not previously approved by USCIS) or I-800 petition.

Visa Checklist

Check with a lawyer in Thailand if you need assistance collecting the documents again or if you need assistance with obtain a Thai passport or registering the adoption at the local District Office. The adoption process can be time consuming and mistakes can creep in. See also the Translations and Residency.

As stated before that certain States in the US do not have rules for readopting so you should check your local laws so you know what to do when you return back to the US. You do however have to notify the agency in the US that you and your child have arrived back in the US so that the bi-monthly report can begin which lasts for 6 months.

On another note. If you arrive in Thailand you will obtain a 30 day visa waiver at the airport. You might want to consider obtaining a proper Thai visa at the Thai Embassy in your country in the event you wish to stay a bit longer than the 30 days. There is a 60 day tourist visa or a 90 day “O” visa which stands for “other”. Usually a letter from your attorney in Thailand to the Embassy asking for an “O” visa to be granted on the bases of the adoption might help.

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UK Adoption Process

The following is a brief overview of the adoption process out of the UK:

Registration of Interest Form accepted by agency

Once you have thought of the implications of an adoption you can start by contacting a registered agency in the UK who will provide you with the forms needed for the process to begin. Once you have filled in your “Registration of Interest” the process starts.

The Approval Process commences

The approval process takes a while in the UK and usually lasts about two months. This would be the equivalent of the American I-800A application form. They will check to see if you are a suitable candidate for an adoption. Safe to say that if you have a criminal record or are on welfare that you are not going to proceed beyond this point. Most times they will offer a preparation course which you have to take to prepare you for what it is that you might expect from the adoption.

Home Study

A home study now has to be completed. If you have ever bought a house and have a due diligence done on the property then this would be a due diligence report on you as a prospective adoptive parent. They will check your background, speak to your friends, see your accommodation and also look at your employment record. Once this has been done it need to be sent for a review by an adoption panel. Once complete the home study will be sent to the Department for Education for processing and issue of Certificate of Eligibility. This takes about 4 months to complete. So from when you started to this point it takes about 6 months. See more on the Thai adoption process on this website.

From this point your home study will be presented in Thailand to the DSDW if you are adopting from Thailand. The matching process begins and this can take 2-3 years to complete. If you are adopting from China then the latest stats from the Australian Government shows that it will take at least 8 years to complete.

Consider all your options before you start the process. Speak to an agency as well as to an attorney before starting this process.

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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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The Hague Convention

From the American perspective, the adoption agency or service provider must be accredited to conduct intercountry adoptions. This is a safety measure in the adoption process and also ensures that the agency is suitably qualified to manage inter-country adoptions. In the United States the accreditation falls under the Department of State specifically the Council on Accreditation and the Colorado Department of Human Services.

If you are from the United States then as an adoptive parent you will need to attend at least 10 hours of pre-adoption training before travelling overseas. With The Hague Convention in place the adoption process offers transparency as well as written procedures on transferring medical records of the child or children as well as written procedures on the adoption fees.

The Hague Convention today covers more than 75 countries and ensure that the adoptions are in the best interest of the children as well as preventing child abduction, exploitation and human trafficking. The Convention also ensures that there is a communication process between the two countries where the adoption is taking place.

The Basic Process:

For Americans citizens, you first need to ensure that the child is eligible for adoption and to be brought to the United States. This is mainly because the adoption laws vary from one country to the next. In order to settle this matter you will need complete the needed forms with the United States is U.S. Citizenship and Immigration Services (USCIS). The main reason for this is because there are two paths which can be taken. If the child whom is being adopted lives in a country which falls under The Hague Convention. Then the child must meet the criteria under The Hague Convention. If the child lives in a country not under The Hague convention. Then the criteria is that set by the US Government. Speak to an adoption lawyer in Thailand for more information.

There are two forms for this being that Thailand does fall under The Hague Convention the last form would be applicable:

I-600 Form -Petition for Orphan as an Immediate Relative (non-Hague country); or
I-800 Form -Petition for Convention Adoptee as an Immediate Relative (Hague country)

This now tells the USCIS that you have identified a child. This for you which to adopt and bring back to the United States. You will need to complete all the needed forms and supporting documents for this. Note that you will also need to have a completed and approved Form I-800A.

Always take legal advice before you start the process as mistakes can create costly delays in the adoption process. Speak to a lawyer in Thailand to assist with the process as it can become very complicated. If it is an American couple adopting a child. This or an American adopting his/her step child the process is going to be a bit different.

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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 Case 2:

When we adopted our adopted daughter’s biological mother was still alive but she had been in and out of prison her entire life. Her father was unknown and when she turned 10 they terminated her biological mother’s parental rights. We asked around as we discovered that our daughter has a younger half-sister  who now also lives in the US and who is HIV positive. She was adopted by a different American family. It is up to you when adopting a child with special needs.

We also adopted two Chinese children a few years back and they arrived as toddlers and they have no memories of life in China. This is the difference between adopting a small child and an older one. The older children still have their traumatic experiences to deal with whereas the toddlers don’t. These are things you have to consider when adopting.

You now also have to integrate the children into your family. With older children it is going to depend on their mental standing. With the trauma they have already experienced moving to another country with a different language and new family members is another trauma in itself. This is why there are training courses setup by many agencies as you need to learn how to make their move less traumatic and how to emotionally bond with them. Yes at first you might think these training courses are stupid, but they are not. They are actual rather helpful as integrating a child into a new environment especially an older child is a rather massive undertaking.

Adoption Suggestions

That is why I suggest that you examine why you are considering adoption and think about the effects it may have on the other family members (including grandparents). The real risks involve developing a relationship between you and your child, not problems from the outside. Once you are comfortable with the great unknowns. It will become easier to find a program that will find the right child for you. These are all part of the post adoption problems you might experience.

Adoption is more than a legal process. You have to consider many issues as has been highlighted above. You have to consider the implications of adopting an older child or a younger toddler. Also you also have to look at other issues such as the costs involved and also the delay in the process. Are you willing to wait 2-3 years for an adoption to complete?

Once you have decided on this path it is a long and difficult path. Consider all your options before you pick up a telephone and speak to an attorney. This about the adoption process and start it. See also the adoption process as well as adoption documents needed when adopting from Thailand.

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IH-4 visa for Thai: 

Is issued when a child is coming to the US from a Hague Convention country to be adopted.

Children with an IH-4 visa:

• IH-4 children do not acquire automatic citizenship upon entry to the US;
• IH-4 children become Permanent Residents when they enter the US;
• Also the IH-4 children automatically receive a permanent resident card (green card);
• IH-4 children automatically get citizenship on the date of their adoption in the US (if)
• IH-4 children are adopted before the child’s 18th birthday.

The IH4 Visa is issued if your child’s adoption was not completed abroad and/or both adopting parents (in the case of a married couple) have not met the child. In this case, adoption or readopting must be completed in the U.S. after which, citizenship will be granted automatically. However, IR4 or IH4 families must apply separately for a copy of their child’s Certificate of Citizenship. The final adoption process is completed back in the US with what is called readopting.

Always seek proper legal advice as this website is no substitute for proper legal advice but only to give you an overview of the adoption process. Once the child arrives in the US, you will need to activate the bi-monthly reporting which lasts for 6 months and you will also need to start the re-adoption process or post adoption process in the US in order for the child to obtain US citizenship.

See the adoption process overview.

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