Child Adoption in Thailand

Child adoption in Thailand is a legal process that permanently transfers parental rights from a child’s birth parents (or state) to adoptive parents. It is regulated to ensure the welfare of the child, uphold the integrity of the adoption process, and prevent child trafficking. Both Thai and foreign nationals may adopt, but the procedures differ significantly depending on the applicant’s nationality and residence status.

This article explores the structure, formalities, governing law, and practical considerations of child adoption in Thailand, including intercountry adoption aligned with The Hague Convention.

I. Legal Framework

Child adoption in Thailand is governed by a combination of national and international laws:

• Child Adoption Act B.E. 2522 (1979) (amended B.E. 2535 and 2553)

• Civil and Commercial Code (Sections 1598/19 – 1598/41)

• Protection of Children Born from Assisted Reproductive Technology Act (for surrogacy cases)

• Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Thailand acceded in 2004)

• United Nations Convention on the Rights of the Child (CRC)

The primary authority overseeing adoptions is the Child Adoption Center (CAC) under the Department of Children and Youth (DCY), Ministry of Social Development and Human Security (MSDHS).

II. Types of Adoption in Thailand

There are two main categories:

1. Domestic Adoption

Available to:

• Thai citizens

• Foreigners with permanent residency in Thailand

• Foreigners married to Thai citizens (subject to residency)

2. Intercountry Adoption

Applicable when:

• A foreign national without Thai residency seeks to adopt a child residing in Thailand

• Process must go through the DCY and must comply with The Hague Convention

III. Eligibility of Adoptive Parents

A. For Thai Citizens

• At least 25 years old

• At least 15 years older than the adoptee

• Legally competent and of good moral character

• Financially stable

• In case of a married couple, both spouses must jointly adopt

B. For Foreign Nationals

Resident Foreigners:

• Must hold Thai permanent residency, or

• Be married to a Thai national with at least 6 months’ residence in Thailand

Non-Resident Foreigners (Intercountry Adoption):

• Must apply through a recognized agency in their home country

• Must be legally eligible to adopt under their national law

• Must meet Thailand’s requirements (age, income, character)

• Homestudy and background checks required

Some countries must route applications through partnered NGOs (e.g., Holt, Terre des Hommes) recognized by the Thai government.

IV. Eligibility of Children for Adoption

Children eligible for adoption in Thailand include:

• Orphans or abandoned children under state care

• Children whose biological parents have consented in writing to the adoption

• Children whose parents are deceased, unfit, or unknown

• Children whose parents have had their parental rights legally terminated

Children over age 15 must consent to their own adoption.

Consent of the biological parents is mandatory unless:

• They are deceased or cannot be located

• They have lost parental rights due to abandonment or abuse

V. Adoption Procedure in Thailand

A. For Domestic Adoption

1. Application submission to the District Office (Amphur) or directly to the DCY

2. Preliminary screening and interview

3. Home visit and social worker report

4. Posting notice of adoption at the district office for 30 days (public objections allowed)

5. Registration of adoption and issuance of adoption certificate

6. Amendment of family register (Tabien Baan) to reflect child’s new legal status

Timeframe: Typically 4–12 months, depending on location and complexity.

B. For Intercountry Adoption

1. Application submitted to local accredited agency in the adoptive parent’s country

2. Agency conducts homestudy, compiles dossier including:

   • Police clearance

   • Medical reports

   • Financial statements

   • Proof of marriage or household registration

3. Submission to DCY in Bangkok via central authority

4. Child matching and placement proposal

5. Consent and court order (DCY or Juvenile Court)

6. Pre-adoption placement in Thailand (mandatory for most countries; usually 6 months)

7. Finalization of adoption in Thailand or in receiving country

8. Departure clearance and post-placement reports

VI. Legal Effects of Adoption

Once completed and registered, adoption in Thailand has the following effects:

• The child becomes legally equivalent to a biological child

• Adoptive parents have full parental rights, including inheritance rights

• Biological parents’ rights are completely extinguished

• The child may adopt the surname of the adoptive parents

• The adoption is recorded in the Civil Registry (birth certificate or house registration)

Note: Thailand does not automatically confer citizenship on adopted children unless the adoptive parent is a Thai national and applies under the Nationality Act B.E. 2508 (1965).

VII. Recognition Abroad

Countries party to the Hague Convention generally recognize Thai adoptions finalized under its procedures. For others:

• A legalization or apostille may be required

• Adoptive parents must re-register the adoption in their home country

• Dual nationality and conflicting family law (e.g., inheritance) must be considered

In countries where re-adoption is required (e.g., U.S. and some EU nations), the final order from Thailand is considered a foundational document, but further judicial steps may be necessary.

VIII. Risks and Legal Challenges

A. Fraud and Trafficking Concerns

Adoption in Thailand is heavily regulated due to historical cases of baby-selling and fraudulent intermediaries. As such:

• Only government or licensed NGOs may act as intermediaries

• Payments to birth families are strictly prohibited

Violations can result in criminal charges under Thai law and under the Anti-Human Trafficking Act B.E. 2551 (2008).

B. Invalid Adoption

If procedural defects occur (e.g., no valid consent, failure to comply with age or residency rules), the adoption can be challenged and nullified by court order, even post-registration.

IX. Special Cases: Stepchild and Relative Adoption

In stepchild or intrafamily adoptions (e.g., Thai parent remarrying a foreigner who adopts their child), procedures are streamlined but still require:

• Written consent of the Thai biological parent

• Court order, especially if the child is under 15

• Thai family court approval for legal capacity of the minor

These adoptions often serve as a legal basis for family reunification visas or citizenship petitions later on.

Conclusion

Child adoption in Thailand is a formal legal process designed to protect the rights and welfare of the child. Whether domestic or international, the process requires compliance with statutory law, administrative regulations, and—where applicable—international treaties. The involvement of the DCY, Thai courts, and foreign agencies ensures due process, but also necessitates meticulous documentation, time, and legal guidance.

Prospective adoptive parents should carefully assess their eligibility, understand the procedural requirements, and prepare for a multi-stage process that balances administrative oversight with the goal of creating secure, permanent families for children in need.