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Tuesday, December 29, 2009

Family law in thailand Part XVII: Adopting a child in Thailand - the initial process

Last time we talked about foreigners domiciled outside of Thailand wishing to adopt Thai children. They have to apply through an adoption agency (the foreign agency) in their home countries licensed both in the home country and with the Department of Social Development and Welfare of Thailand (DSDW).

If, on the other hand, a foreigner has lived and worked legally in Thailand for six months or more or has an alien or permanent identification card, the situation is different. These foreigners may apply directly, either to the DSDW at the address mentioned last time or to the four authorised Thai adoption agencies below.

Where is the initial application lodged? It must be with the DSDW or one of the four authorised adoption agencies in Thailand:

Friends for all Children Foundation, l25 Soi Ruam Rudi 1, Ploenchit Road, Lumpini, Pathumwan, Bangkok (call 02-252-6560 or fax 02-650-7811).

Sahathai Foundation, 850/33 Soi Preedeepanomyong 36, Sukhumvit Road Soi 71, Khlong Ton Nua, Wattana, Bangkok (call 02-381-8834 - 6 or 02-392-9397).

Thai Red Cross Children's Home, Washiralongkorn Building, Chulalongkorn Hospital, Henri Dunant Road, Pathumwan, Bangkok (call 02-256-4207).The Pattaya Orphanage, 384 Moo 6, Sukhumvit Highway Km 144, Banglamung, Cholburi (call 03-842-3468 or 03-841-6426, or fax 03-841-6425 or 03-871-6204).

Initially four sets of documents must be filed with the DSDW or one of the above authorised agencies.

First, for foreign-domiciled adoptive parents, there must be a document that contains a statement of approval from the foreign agency that the applicants are qualified to adopt under the laws of their home country and are suitable as adoptive parents of a foreign child. For adoptive parents domiciled in Thailand, this document must come from the embassy in Thailand of their home country.

Second, the foreign agency, or DSDW in the case of local application, must prepare and submit a home study report. This report must contain analysis of the following with respect to the applicants:

Family status;

personal reputation;

physical and mental health;

motivation to adopt;

conditions of residence and its surroundings;

assets, liabilities and financial standing;

relationship of the applicants;

size of family;

maturity and ability to give love and care to the child;

any special issues related to the welfare and interest of the child;

obligations the applicants have, if applicable, to children of previous marriages;

other matters pertinent to the applicants.

Third, the foreign agency must submit a document agreeing to supervise any pre-adoptive placement of a child with the applicants, also promising to give three bimonthly reports to the DSDW. This requirement arises from the fact that there there is a pre-adoption placement period of not less than six months before the adoption is finalised. This supervision is the duty of the DSDW in the case of adoptive parents living in Thailand, so there is no requirement that this document be produced for them.

Fourth, there is an application, form AC 5, with numerous attachments. We'll talk about these next time.

James Finch of Chavalit Finch and
Partners (finch@chavalitfinchlaw.com),
and Nilobon Tangprasit of Siam City
Law Offices Ltd (nilobon@siamcitylaw.com).
For more information visit
http://www.chavalitfinchlaw.com.
Comments? Questions? Contact us
at the email addresses above.

About the author

Writer: James Finch and Nilobon Tangprasit

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