Child Adoption in Thailand

Child adoption in Thailand is governed by a comprehensive and formal legal framework designed to protect the best interests of the child while ensuring transparency and accountability in both domestic and international adoptions. The Child Adoption Act B.E. 2522 (1979), as amended, along with relevant sections of the Civil and Commercial Code (CCC) and international conventions, such as the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993), serve as the primary legal instruments.

Adoption is strictly regulated and cannot be conducted privately outside the legal channels. All adoptions—whether by Thai nationals or foreigners—must be authorized by the Child Adoption Center of the Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security (MSDHS). This article examines the adoption process in Thailand with a focus on legal definitions, procedural detail, and key regulatory protections.

II. Legal Framework Governing Adoption in Thailand

A. Primary Statutes and Regulations

• Child Adoption Act B.E. 2522 (1979) (as amended by the Act No. 2 B.E. 2543)

• Civil and Commercial Code – Book V (Family Law), Sections 1598/19–1598/41

• Ministerial Regulations and Departmental Orders

• Hague Convention – Thailand acceded in 2004 (in force since 2005)

B. Regulatory Authorities

III. Types of Adoption

There are two primary categories of child adoption in Thailand:

1. Domestic Adoption

• Adopter and child must both reside in Thailand

• Available to Thai citizens and foreigners with permanent residence

• Process managed by the DCY’s local office

2. Intercountry Adoption

• Available to foreigners residing outside Thailand

• Must apply through authorized foreign agencies or their own country’s central authority

• Thailand must be the sending country, with oversight by the Hague system

IV. Legal Requirements for Adopters

A. Domestic Adopters

According to Section 1598/20 of the CCC and related ministerial regulations:

• Must be at least 25 years old

• Must be at least 15 years older than the child

• Must be of good character, without criminal history involving child abuse, trafficking, or serious offenses

• Married couples must apply jointly; unmarried couples are not eligible

B. Foreign Adopters (Intercountry)

• Must apply through an authorized adoption agency in their home country

• Must satisfy eligibility under both Thai law and their national law

• Must pass a home study and background check

• Must have their central authority submit documents to the DCY

Note: Single individuals may adopt in Thailand, but preference is often given to stable married couples.

V. Legal Status and Effect of Adoption

Adoption in Thailand results in the creation of a full legal parent-child relationship, unless it is registered as a limited adoption under specific exceptions.

Consequences of Adoption:

• The child becomes the legal heir of the adoptive parent(s)

• The biological parental rights and obligations are terminated

• The adoptive parents assume full rights and responsibilities under law

• The adopted child may take the surname of the adoptive parents

Registration

Once finalized by court order, the adoption must be registered with the local district office (Amphur) or with the Thai embassy abroad in the case of foreign adoptions.

VI. Adoption Procedure in Detail

A. For Domestic Adoptions

1. Application Submission to DCY or a Provincial Office

2. Document Review: ID, house registration, income proof, marriage certificate, etc.

3. Home Study: Conducted by trained social workers

4. Child Matching: DCY proposes a child for adoption

5. Trial Placement: 6-month observation period (can be waived)

6. Court Filing: Application submitted to the Juvenile and Family Court

7. Adoption Order: Court approves and certifies the adoption

8. Registration: Final registration with local authorities

B. For Intercountry Adoptions

1. Pre-Approval in Home Country: Must pass home study and be approved by national central authority

2. Submission to DCY: Documents forwarded to DCY via authorized agency

3. Verification and Matching: DCY matches child to prospective parents

4. Consent and Trial Placement: DCY obtains consent from child’s guardian; trial placement begins

5. Immigration Clearance: DCY issues clearance for departure

6. Court Proceedings in Thailand (if required): For finalization or recognition

7. Registration in Home Country: Adoption must be recognized and registered abroad

VII. Consent to Adoption

Consent must be given by:

• The biological parent(s) (if known and alive)

• The guardian or DCY, if the child is a ward of the state

• The child (if over 15 years old), per Section 1598/23 of the CCC

Consent must be in writing, witnessed, and documented officially.

VIII. Adoption of Thai Children by Foreigners Residing in Thailand

Foreigners living in Thailand (e.g., retirees or expats) who do not hold Thai permanent residence are not eligible for standard domestic adoption.

However, they may apply for intercountry adoption while residing in Thailand if they meet the following conditions:

• Must apply through a registered foreign adoption agency

• Must secure DCY approval

• May be required to leave Thailand for final processing and return with the child under their country’s immigration laws

IX. Post-Adoption Supervision

• 6 months to 2 years of post-adoption reporting may be required

• Reports must be submitted to the DCY at regular intervals by the adoption agency

• Non-compliance can lead to revocation of the adoption authorization or blacklisting of future applications

X. Key Legal Restrictions

1. Private or unregistered adoptions are prohibited – All adoptions must go through the DCY and court.

2. Commercial adoption or sale of children is a criminal offense under Thai law and international convention.

3. Fraudulent documents or misrepresentation in the process may result in prosecution and invalidation of the adoption.

XI. Citizenship and Immigration Issues

• Thai nationality is not automatically conferred on an adopted child unless adopted by a Thai national.

• For foreign adopters, the adopted child must follow the home country’s immigration and naturalization process.

• For Thai adopters adopting foreign children, the child may apply for Thai nationality after legal adoption registration.

XII. Conclusion

Child adoption in Thailand is a legal, court-supervised process centered around child welfare and adherence to both domestic law and international obligations. Whether domestic or intercountry, adoption must proceed through the DCY, social work investigations, judicial oversight, and formal registration.

Although procedurally rigorous, the framework is designed to prevent exploitation, ensure the child’s safety, and establish clear parental rights and obligations under Thai law. Anyone considering adoption in Thailand—whether Thai or foreign—should be prepared for thorough documentation, official scrutiny, and compliance with cross-jurisdictional legal standards.