In the past our law firm in Thailand assisted many foreign couples to adopt children in Thailand. The Adoption must be carried out in accordance with the criteria and conditions prescribed in the Civil and Commercial Code, Section 1598/19 to Section 1598/37.
In adoption, the “adoptive parent” is the person who wishes to raise another person as their “adopted child.” Under Thai law, an adoptive parent must be at least twenty-five years old and at least fifteen years older than the adopted child.
H&P lawyers in Bangkok have prepared a brief summary of the procedure of adoption under Thai Law. However the requirements for adoption vary depending on the circumstances of the adopted child, as follows:
1) In the case that the adopted child is a minor who still has a father or mother: Adoption of a minor may be carried out only with the consent of both parents of the child except in the following cases;
-If either parent is deceased or has been deprived of parental power, the consent of the remaining parent who still has parental power is required.
-If there is no person with the legal authority to give such consent, or if one or both parents are unable to express their will, or refuse to give consent without reasonable cause and in a manner detrimental to the welfare of the minor, the mother, father, prospective adoptive parent, or public prosecutor may petition the court to grant permission in lieu of such consent.
2) In the case that the adopted child is a minor orphan under the care of a child welfare home in accordance with the law on child welfare and protection: The child welfare home shall provide consent in place of the parents.
If the welfare home refuses to give consent, the prospective adoptive parent or the public prosecutor may petition the court to grant permission in lieu of such consent.
3) In the case that the adopted child is a minor who is not an orphan but is under the care of a child welfare home: The father and mother, or either of them in the case that one parent is deceased or has been deprived of parental power, may execute a power of attorney authorizing the welfare home to give consent to the adoption on their behalf.
Once such a power of attorney has been executed, the welfare home shall have the authority to grant consent, and the power of attorney cannot be revoked while the minor remains under the care of the welfare home.
If no such power of attorney has been executed, the father and mother, or the surviving or deemed-competent parent, shall provide consent.
Nevertheless, if the minor is at least fifteen years old, they must also give consent to being adopted.
Moreover, if the adoptive parent has a lawful spouse, the spouse’s consent must be obtained prior to the adoption. If the spouse is unable to give consent, has abandoned the domicile or residence, or cannot be found for at least one year, the adoptive parent may petition the court for permission in lieu of the spouse’s consent.
Another important point is that a minor who is already the adopted child of one person cannot be adopted by another person at the same time, except where the adoption is by the legitimate spouse of the adoptive parent.
In view of the above requirements, an individual seeking to adopt must register the adoption in accordance with the applicable laws for it to be legally binding. In the case of a minor, the provisions of the Adoption of Children Act B.E. 2522 must be fully complied with prior to the completion of the adoption process. Such compliance may include, for instance, an assessment conducted by the relevant officer or the Adoption Board to determine the adoptive parent’s suitability to care for the child, as well as a potential trial custody period, with due consideration given to the welfare and best interests of the minor.
Once the adoption has been duly registered and is legally complete, its legal effects shall be in accordance with the Civil and Commercial Code.
For example, the adopted child shall have the same legal status as a legitimate child of the adoptive parent, including inheritance rights. However, adoption does not give the adopted child inheritance rights from their biological family as statutory heirs, nor does it create certain other obligations of support.
If you need to consult with a lawyer about the adoption in Thailand, please contact our Bangkok law firm at [email protected]
