GUIDELINES FOR INTERCOUNTRY ADOPTION OF THAI CHILD
1. It is necessary for the applicants
to make adoption application through the competent social welfare
authority in their country, i.e. the governmental organization
which is responsible for Social Welfare or the non-governmental
Child Welfare Organization which is licensed by their Government
to handle the matter of intercountry adoption (Competent Authority).
2.
Under the Child Adoption Act of 1979 of Thailand, all intercountry
adoption applications have to be proceeded through the Department
of Public Welfare (DPW), or the non-governmental child welfare
agencies which are particularly authorized by DPW (Authorized
Agencies), in cooperation with the Competent Authority and under
the direction of the Child Adoption Board of Thailand. The Board
members comprise the representatives of various concerned authorities
and qualified persons. The Director General of DPW is designated
as the chairman of the Board while the Director of the DPW Child
Adoption Center functions as the secretary of the Board.
3. Preliminary qualification of applications for adoption are
as follows:-
- Be at least 25 years of age and be at least
fifteen years older than the child to be adopted.
- Be eligible to adopt a foreign
child under the concerned law of country of domicile.
- Have legitimate spouse.
4.
Adoption Applications and documents, including those for adoption
of step-children or relatives have to be submitted by Competent
Authority to DPW or Authorized Agencies. In this connection, the
Competent Authority has to provide DPW or Authorized Agencies
with the three documents as follow:-
4.1 A Home Study Report made by
Competent Authority which should include the details of the applicants'
physical and mental health, family status, assets, liabilities
and financial standing, personal repute, conditions of place of
residence, size of family maturity and ability to give love and
care to the child, motivation and any special reasons related
to the welfare and interest of the child, parental relationship
and obligation with the children born out of previous marriages
(if applicable), and other matters pertinent to the applicants.
4.2 A statement of approval made
by Competent Authority or the responsible authority as the case
may be, confirming that the applicants are qualified for adoption
under the concerned legislation in their country and are in all
respects suitable to be the adoptive parents of a foreign child.
4.3 A statement made by Competent
Authority agreeing to supervise the pre-adoption placement of
a child in case such placement is granted to the applicants and
to provide at least three bi-monthly progress reports to DPW.
The pre-adoption placement period is a probationary period of
at least six months.
5. An official Application Form (as attached) is to be filled
out and returned by the applicants to DPW or Authorized Agencies
via Competent Authority. Such completed Form has to be attached
with the additional required documents as cited below.
- Medical certificate verifying
good physical health, mental stability, and infertility of the
applicants (if applicable).
- Document certifying marriage.
- Document certifying occupation
and income.
- Document certifying financial
status.
- Document certifying assets.
- Letters of recommendations given
by at least two references.
- Extract of divorce decree of
the applicants (if applicable).
- Photographs of the applicants
size 4.56 x 6 centimetres, four each including the photographs
of the applicants' children (if any) and their home area.
- Document from the immigration
authority of such particular country permitting the immigration
of a child to be adopted.
- Confirmation from Competent Authority
or concerned Authority that after the adoption is finalized under
Thai law, it will also be legalized under the concerned Law of
the applicants' country when due.
6. It is required that all of the documents have to be original
and be verified by the Royal Thai Embassy or Consulate in the
applicants' country, or sent through diplomatic channels. Accordingly,
please note that our official language is Thai. However, English
is applicable. Therefore, the documents in other languages have
to be attached with their translation, either in Thai or English,
which have to be verified by the Royal Thai Embassy or Consulate.
7. For the applicants who have lived temporarily in a foreign
country the Home Study Report will have to be made and their eligibilty
for intercountry adoption will have to be assessed and confirmed
by Competent Authority in their country of domicile. Unless the
applicants have been living in that country for at least 1 year
before submitting their application and will remain in that country
until the adoption is finalized, cooperation may be sought from
Competent Authority in the country where they have temporary resided.
The Competent Authority may prepare the Home Study Report and
supervise the pre-adoption placement when due. The eligibilty
for intercountry adoption may be confirmed by the Embassy of their
country of domicile in such country. Further more, the permission
for the child to be adopted to enter the countries have to be
confirmed to DPW by the concerned authorities of both countries.
8. When all of the required documents are received, in certain
cases, they will be submitted to the Child Adoption Board of which,
the results will be informed to the applicants through Competent
Authority whether or not they are approved as prospective adoptive
parents.
9. In case the application is processed through DPW, the matching
of the prospective adoptive parents with a child who is legally
available for intercountry adoption, will be arranged by DPW.
10. In case the adoption application is processed through Authorized
Agencies, DPW is entitled to review and investigate (if needed)
the background of the child to be adopted in order to be confirmed
that the child is legally available for intercountry adoption.
This investigation will have to be done before submission of the
case to the Child Adoption Board.
11. After matching, photographs and information about background
and health condition of the child will be sent through Competent
Authority to the prospective adoptive parents for consideration.
12. In case the prospective adoptive parents accept the child,
the case will be further submitted to the Child Adoption Board
and the Minister of Labour and Social Welfare respectivelyfor
approval of pre-adoption placement.
13. In case the pre-adoption placement is approved, a definite
appointment will be made by DPW or Authorized agencies for the
prospective adoptive parents to travel to Thailand in order to
meet with and be interviewed by the Child Adoption Board, and
then to receive the child for pre-adoption placement. If only
either one of the prospective adoptive parents can make such trip,
a written consent of the absent spouse is required.
14. For the second adoption of Thai child, it could be possible
to request for DPW social worker to escort the child to the country
of the prospective adoptive parents. All travel expenses will
be paid by the prospective adoptive parents.
15. For children allocated by DPW, DPW will facilitate the issuance
of documents necessary for travel of the child. Accordingly, the
prospective adoptive parents should manage to stay in Thailand
for about two weeks for this purpose. The prospective adoptive
parents have to be responsible for the expenses to be incurred
by the travelling of the child to be adopted such as passport
fee, and air fares.
16. Upon returning to their country, the prospective adoptive
parents are requested to report to Competent Authority in order
that the supervision of the pre-adoption placement could be commenced.
17. When at least three bi-monthly reports on the pre-adoption
placement have been received and if the placement has been assessed
positively, DPW will submit the case to the Child Adoption Board
for approval of finalization of such adoption under Thai Law by
registration. The decision of the Board will be informed to the
prospective adoptive parents again through Competent Authority.
18. It is obligated that the prospective adoptive parents have
to register their adoption under the Thai Law within the period
of six months after acknowledging such notification. The registration
can be carried out either at the respective Royal Thai Embassy
or at any District office in Thailand. The adoption is finalized
under Thai Law. After this, the legalization of the adoption under
the concerned Law of the respective country shall be carried out,
the outcomes of which shall be informed to DPW by competent Authority.
19. Please
note that it is not possible to apply for more than one child
at one time, except twins, siblings or in the case of adoption
of children of the applicants' Thai spouse, and it is unlikely
that an abandoned child aged below one year old will be available
for intercountry adoption. As regards the period of processing
an adoption application, it is not possible to specify such
length. Nevertheless, in general cases, it approximately takes
1-2 years depending on such related factors as the completeness
of the required documents and the availability of a child to
suit each individual family of the prospective adoptive parents.
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Child Adoption Centre
Department of Public Welfare
Ratchavithi Road
Bangkok 10400, Thailand
August, 1997