Adopting a Child in Thailand

In Thailand, adopting a child involves a complex legal process that transfers parental rights and responsibilities from the biological parents to the adoptive parents. 

Types of Adoptions

There are two categories of adoption in Thailand:

1. Domestic adoption involves adoptive parents — whether Thai or international — whose residence is within Thailand.
2. International adoption, where foreign individuals seek to adopt a Thai child and raise them in a country outside of Thailand.

Where to Find Candidates for Adoption

Adoption opportunities in Thailand are available through various organizations, including:

• Government-run orphanages
• Orphanages operated by NGOs and private charities, both religious and secular (e.g., Thai Red Cross Children Home, Friends for All Orphanages, Pattaya Orphanage)
• Foster care programs such as Holt Sahathai

The adoption landscape in Thailand encompasses a cooperative effort between government entities, non-governmental organizations (NGOs), private charities, and foster care programs, all working towards providing stable and loving homes for children in need.

Qualifications for Adoption

Typically, there isn't an extensive list of family requirements for adoption in Thailand. The primary criterion is that prospective adoptive families must be legally qualified for adoption in their respective home countries or states. 

It's important to note that the qualifications provided below should be viewed as general guidelines based on agency experience and observed patterns of practice, rather than strict and inflexible rules.

Age Qualifications

For married couples seeking adoption in Thailand, both parents must be at least 25 years old. As Thailand does not recognize same-sex unions, the couple must consist of a male and a female.

Thai law does not impose an upper age limit for adoptive parents, but regulations may vary based on the agency submitting the dossier (e.g., DSDW or an NGO) and the agency's specific policies.

• Typically, parents in their late 20s and 30s face no issues with age eligibility and are eligible to adopt both younger and older children. However, Thai law mandates a minimum 15-year age gap between the parent and the child.
• Parents in their early 40s may be encouraged to adopt slightly older children, such as toddlers or preschoolers.
• People in their late 40s are generally eligible to adopt school-aged children or possibly younger children with special needs.
• Couples over 50 might encounter more restrictions on adoption, but it's crucial to discuss individual situations with the agencies under consideration for accurate guidance.

Family Size

Smaller families with two existing children or fewer are generally preferred, although exceptions can be made, particularly for children awaiting adoption.

Larger families are assessed on an individual basis, and outcomes vary. For instance, some families with three children at home, all of whom were previously adopted in Thailand, have faced adoption denials. On the other hand, certain larger families with more resources at their disposal have successfully obtained approval.

The Department of Social Development and Welfare (DSDW) examines all requests from larger families on a case-by-case basis. The DSDW takes into consideration factors such as the number of children currently residing in the house and older children who no longer live there during the evaluation process.

Marriage in Families 

The duration of a marriage or the time since remarriage following a divorce is not explicitly outlined in Thai adoption law. However, a newly married couple, especially after a recent divorce, may face challenges. In such cases, it is advisable to seek guidance and assistance from the adoption agency you are considering for opinions and support. Additionally, it should be noted that couples married for at least 6 months experience higher rates of approval.

Divorce in Families 

A married couple is reportedly allowed a maximum of two divorces, either one divorce per spouse or two divorces for one spouse. Again, this is an observed and reported occurrence, not a requirement in Thai law.

Families with Complications in Pregnancy or Infertility

Couples do not need to be infertile to be approved, but it improves the chances of approval in some cases. However, there is a possibility that fertility documents might be requested. It's also important to note that a pregnancy during the adoption process can lead to delays or even derail a Thai adoption. 

While Thai officials may consider temporarily putting your application on hold if you are pursuing the adoption of an unidentified child, the approval for adopting an identified special needs child might not be granted if a pregnancy occurs during the process.

Income of Families

Thai authorities will carefully examine the financial resources of a family and require detailed documentation to ensure the family can adequately provide for its children. However, it's important to note that wealth is not a program requirement, and Thai law does not specify income levels. As such, this will be judged on a case-by-case basis.

Physical Health of Families 

The assessment of serious illnesses in parents will be conducted on an individual basis, and it could potentially hinder the adoption process. Unlike some other countries, Thailand does not have a specified weight limit for parents in its adoption regulations. 

Nevertheless, emerging anecdotal reports suggest growing concerns within the DSDW/Child Adoption Center regarding this matter. Some families have reportedly been rejected due to being deemed unacceptably overweight, presumably out of concerns about potentially serious health issues that could interfere with effective parenting.

Application Process for Eligible Foreigners

The application processes for foreigners vary depending on their eligibility and specific circumstances for adoption.

Foreigners residing outside of Thailand can initiate a Thai adoption application by submitting it through the competent authority in their country and the non-governmental child welfare agencies affiliated with the Child Adoption Center of the DSDW under the Ministry of Social Development and Human Security of Thailand.

Foreigners with a domicile in Thailand and proof of residency via house registration can submit their Thai adoption application in the country. If the applicant’s domicile is in Bangkok, they can submit the application directly to the Child Adoption Center of the DSDW. For applicants living outside of Bangkok, the submission can be made at the DSDW office of their respective province. 

Foreigners who hold a temporary domicile in Thailand with proof of a work permit issued by the Department of Employment under the Ministry of Labor, and who have been residing in Thailand for a minimum of 6 months before submitting the application, are eligible. If the foreigner can fulfill the required 6-month pre-adoption placement period in Thailand, they can submit the Thai adoption application, along with the necessary documents certified by their embassy or consular office in Thailand, to the Child Adoption Center of the DSDW. 

International Country Adoption

International Country Adoption in Thailand is for foreigners seeking to adopt a Thai child and raise them abroad. To begin, applicants contact authorized agencies in their home country, obtain an application form, prepare documents, and undergo a home study.

Before initiating the official application process, three key documents must be submitted:

1. A Home Study Report detailing the applicants' health, family, finances, and ability to care for the child.
2. A statement confirming the family's qualification to be adoptive parents.
3. A commitment to supervise pre-adoption placement for at least six months and submit bi-monthly reports to the DSDW of Thailand.

After initiating the process, the DSDW or an authorized child welfare agency collaborates with the applicants' home country's governmental social welfare authority or an authorized agency for inter-country adoption. The submitted documents will be evaluated and if the family is deemed qualified, official application forms will be sent for completion.

Following this, the family must attach the following documents to their application:

1. Medical certificates
2. Birth certificates
3. Marriage certificate
4. Documentation showing the end of a former marriage, if necessary.
5. Proof of occupation and income
6. Complete financial statement
7. Recommendations from two responsible persons
8. Current license of the foreign adoption agency
9. Photographs of applicants (in a prescribed format)
10. A document from the appropriate authority allowing the child to immigrate.

Every document must be certified either by the Thai Embassy or Consulate in that particular country or sent through diplomatic channels. Before forwarding the application to the Child Adoption Board (CAB) for review, the DSDW will arrange the matching of prospective adoptive parents with a legally available child for Inter-Country adoption in Thailand.

Following matching and CAB approval, photographs and information about the child's background and health will be sent to the prospective adoptive parents for their consideration.

After receiving approval from the CAB, the case will be submitted to the Minister of Social Development and Human Security for pre-adoption placement approval.

Upon approval of pre-adoption placement, the Department of Social Development and Welfare or authorized child welfare agencies will schedule an appointment with the prospective adoptive parents who are invited to travel to Thailand for an interview with the Child Adoption Board. In case only one parent can attend, written consent from the absent spouse is required.

Documents essential for the child's travel will be arranged, requiring prospective adoptive parents to stay in Thailand for approximately two weeks.

Upon returning to their home country, prospective adoptive parents must report to their authorized agency for pre-adoption placement supervision. The agency will submit three bi-monthly reports to the CAB for final adoption approval.

After receiving final approval from the CAB, prospective adoptive parents must complete the adoption registration under Thai law within six months. The process is completed at the Royal Thai Embassy or Consular, followed by legalization under local law. The authorized agency informs the DSDW of the adoption's outcome.

Professional Assistance

Due to the complexity of the adoption process in Thailand, it is recommended to seek the assistance of qualified attorneys with experience in Thai family law for guidance and help interacting with the bureaucracy. If adopting from outside Thailand, it is better to enlist the services of an attorney or firm with both family law and immigration law experience.