Child Adoption in Thailand is a complex legal process regulated by both Thai national law and international agreements. Governed primarily by the Child Adoption Act B.E. 2522 (1979) and relevant provisions of the Thai Civil and Commercial Code, the adoption process is overseen by the Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security.

For both Thai nationals and foreigners, the adoption process ensures the welfare and protection of the child while adhering to legal, ethical, and social standards. International adoptions from Thailand are also regulated by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, to which Thailand is a signatory.

This guide covers the adoption process for both domestic and intercountry adoptions, including eligibility requirements, legal procedures, and post-adoption obligations.

1. Legal Framework for Adoption in Thailand

Child adoption in Thailand is governed by multiple laws and international agreements:

• Child Adoption Act B.E. 2522 (1979) – Sets the general framework for domestic and international adoptions.
• Thai Civil and Commercial Code (Sections 1598/19 – 1598/40) – Governs the legal effects of adoption, including parental rights and inheritance.
• Hague Convention on Intercountry Adoption – Establishes safeguards for international adoptions involving foreign applicants.

The process differs significantly for Thai nationals and foreigners, with additional scrutiny applied to foreign applicants.

2. Types of Adoption in Thailand

There are two main types of child adoption in Thailand:

2.1 Domestic Adoption

This applies when both the adoptive parents and the child are Thai nationals or residents. The process is generally faster than international adoption and involves approval from the Thai courts and the DCY.

2.2 Intercountry Adoption

This applies when a foreign national seeks to adopt a Thai child. The process is more stringent and must comply with international agreements such as the Hague Convention.

Foreign adoptions can occur through:

• Embassy referrals for countries with formal agreements with Thailand.
• Private adoption agencies licensed by the Thai government.
• Direct adoption by foreigners residing in Thailand for at least one year.

3. Eligibility Requirements for Adoptive Parents

3.1 Requirements for Thai Citizens

• Must be at least 25 years old.
• Must be at least 15 years older than the child being adopted.
• Demonstrated ability to support the child financially and emotionally.

3.2 Requirements for Foreign Nationals (Intercountry Adoption)

Foreign applicants must meet both Thai legal requirements and those of their home country. They must:

• Be at least 25 years old and at least 15 years older than the child.
• Be legally eligible to adopt under the laws of their home country.
• Have been married for at least 2 years if applying as a couple (in some cases, single applicants may be eligible depending on their home country’s regulations).
• Have no criminal record, particularly concerning offenses against children.
• Undergo a home study assessment conducted by a licensed agency in their home country.
• Provide evidence of stable financial resources and capacity for child upbringing.

3.3 Residency Requirements

• Foreign applicants living in Thailand must have a valid non-immigrant visa and must reside in the country for at least one year prior to adoption.
• Non-residents can adopt only through approved agencies and must comply with the Hague Convention procedures.

4. Adoption Process in Thailand

The adoption process consists of several formal steps designed to ensure the welfare of the child and the suitability of the adoptive parents.

4.1 Step 1: Application Submission

Prospective adoptive parents must submit an application to the Child Adoption Center of the DCY. Required documents include:

• Completed application form.
• Certified copies of passports or identification documents.
• Marriage certificate (if applicable).
• Medical certificates for both parents.
• Police clearance from the country of residence.
• Financial statements or proof of income.
• Home study report from a licensed adoption agency (for foreign applicants).

4.2 Step 2: Home Study and Assessment

• A comprehensive home study is conducted to assess the applicants’ capacity to raise a child.
• Evaluates emotional, financial, and psychological readiness.
• Foreign nationals must provide a home study report conducted by a recognized adoption agency from their home country.

4.3 Step 3: Child Matching Process

Once approved, the DCY will match the applicant with a child available for adoption. Factors considered include:

• Compatibility of the child’s needs with the adoptive parents’ ability to provide care.
• Cultural and religious considerations.

4.4 Step 4: Pre-Adoption Placement

• The child may be placed with the adoptive parents for a trial period of up to 6 months.
• DCY officials monitor the adjustment process through regular home visits.

4.5 Step 5: Legalization of the Adoption

• After a successful pre-adoption period, the case proceeds to the Thai Family Court for final approval.
• Both parties (adoptive parents and the child’s legal guardians) must attend court hearings.
• Once the court approves, the adoption becomes legally binding.

4.6 Step 6: Registration and Citizenship

• The adoption must be registered at the local district office (Amphur).
• For intercountry adoptions, adoptive parents must ensure the child’s citizenship status is processed according to the laws of their home country.

5. Rights and Legal Consequences of Adoption in Thailand

Once the adoption is finalized, the adopted child enjoys the same rights as a biological child under Thai law:

5.1 Parental Rights

• Adoptive parents gain full parental authority, including legal guardianship and decision-making rights.

5.2 Inheritance Rights

• Adopted children have the same inheritance rights as biological children under Thai inheritance law.

5.3 Name Changes

• Adoptive parents may change the child’s surname and first name with permission from the Thai Family Court.

6. Post-Adoption Responsibilities and Monitoring

6.1 Post-Adoption Reporting

• For intercountry adoptions, reports must be submitted to the DCY for at least 3 years following adoption.
• Reports should cover the child’s well-being, education, and adjustment to family life.

6.2 Revocation of Adoption

An adoption may be revoked under the following circumstances:

• If the adoptive parents fail to fulfill their parental responsibilities.
• In cases of abuse, neglect, or exploitation.
• Revocation must be approved by the Thai Family Court.

7. Challenges in Child Adoption in Thailand

8. Intercountry Adoption and the Hague Convention

Thailand has ratified the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. For countries that are signatories, the following steps apply:

• The Central Authority in the child’s home country works with Thailand’s DCY.
• The home country must confirm the eligibility of adoptive parents before adoption proceedings can begin.
• The adopted child’s welfare must be continuously monitored post-adoption to ensure proper integration.

Countries that are not parties to the Hague Convention must follow different procedures, and adoptions can be more complex and require additional documentation.

9. Conclusion

Adopting a child in Thailand is a legally rigorous but rewarding process. Whether you are a Thai citizen or a foreign national, understanding the legal framework, eligibility requirements, and procedural steps is essential for a successful adoption.

Given the complexity of both domestic and intercountry adoptions, it is advisable for prospective adoptive parents to seek guidance from qualified family law attorneys and work closely with the Department of Children and Youth to ensure compliance with all legal obligations.

By following the proper legal channels, adoptive parents can ensure a smooth transition for the child and establish a stable, loving family environment in accordance with Thai law.