Child adoption in Thailand is a highly regulated legal process designed to protect the welfare and best interests of the child. Whether domestic or intercountry, child adoption in Thailand requires strict compliance with statutory requirements, thorough oversight by authorities, and court approval. The process is governed by national law and, for international cases, by Thailand’s obligations under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993), to which Thailand is a signatory.
This article provides an expert guide to the legal framework, types of adoption, procedural steps, and practical considerations for adoption in Thailand.
Legal Framework
Adoption in Thailand is governed by:
- The Child Adoption Act B.E. 2522 (1979) (as amended).
- The Civil and Commercial Code (CCC), Sections 1598/19–1598/40 (adoption provisions).
- The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) (for intercountry cases).
- Ministerial regulations and internal guidelines of the Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security (MSDHS).
Types of Adoption
1️⃣ Domestic Adoption
This involves adoption where the child and adoptive parent(s) are resident in Thailand. Both Thai citizens and foreigners legally residing in Thailand may adopt under this process.
2️⃣ Intercountry Adoption
This involves foreign nationals adopting a child who resides in Thailand. The process is regulated under both Thai law and the Hague Convention, with strict safeguards to prevent child trafficking and ensure the child’s best interests.
Eligibility Criteria
Adoptive Parents
✅ Domestic adoption
- Minimum age: 25 years old.
- Must be at least 15 years older than the adopted child (exceptions apply in relative adoptions).
- Resident in Thailand or married to a Thai national.
✅ Intercountry adoption
- Must meet the requirements of both Thailand and the adopter’s home country.
- Typically, married couples are preferred. Single applicants may apply but may face additional scrutiny.
- Must be screened and recommended by a central authority or accredited body in the adopter’s home country.
Adopted Child
- Must be legally eligible for adoption (orphaned, abandoned, or with legal consent from parents/guardians).
- Must generally be under 15 years of age (up to 18 years if the child consents).
- Must be registered in the DCY adoption roster for intercountry adoptions.
Adoption Process
A. Domestic Adoption
1️⃣ Application submission
- Submitted to the DCY or an authorized agency.
- Includes personal details, financial records, medical certificates, police clearance.
2️⃣ Home study
- DCY conducts an assessment of the applicant’s suitability: living conditions, financial stability, health, moral character.
3️⃣ Matching and placement
- DCY matches the applicant with a child based on the child’s needs and the applicant’s capacity.
4️⃣ Trial placement
- A supervised placement of at least 6 months under DCY monitoring.
5️⃣ Court approval and registration
- Upon successful completion of the trial period, adoption is legalized and registered with the district office (Amphur).
B. Intercountry Adoption
1️⃣ Application via accredited agency
- The applicant applies through a central authority or licensed agency in their home country.
2️⃣ Home study and approval
- A home study is conducted, and a report is submitted to the DCY.
3️⃣ Qualification endorsement
- DCY reviews and, if satisfied, approves the applicant’s eligibility.
4️⃣ Child matching
- DCY proposes a child and provides full information to the applicant.
5️⃣ Acceptance and placement
- The applicant accepts the proposed match.
- The child is placed in the applicant’s care for at least 6 months of supervised placement (often in Thailand).
6️⃣ Court finalization
- The adoption is finalized and registered after successful completion of the trial period.
7️⃣ Immigration formalities
- The adoptive parents secure visas and citizenship arrangements for the child in their home country.
Required Documents (Illustrative)
- Completed adoption application.
- Passport and legal identification documents.
- Marriage certificate (if applicable).
- Medical and psychological evaluation reports.
- Proof of income and assets.
- Police clearance certificates.
- Home study report (for intercountry adoption).
All foreign-language documents must be translated into Thai and certified.
Rights and Effects of Adoption
Upon legalization:
✅ The adopted child enjoys the same legal status as a biological child, including inheritance rights.
✅ The adoptive parent assumes full parental rights and responsibilities.
✅ The legal relationship between the child and the biological parents is severed, except in stepparent adoptions.
Court Involvement
- Adoption must be approved by the Thai court, which ensures the legality and best interests of the child.
- The court will review the suitability of the adopter, the consent of biological parents or guardians, and compliance with legal formalities.
Post-Adoption Obligations
- In intercountry adoption, the adoptive parents must submit regular post-placement reports (commonly at 6, 12, 18, and 24 months) through their agency or authority.
- These reports monitor the child’s adjustment and welfare.
Prohibited Practices and Safeguards
Thailand strictly prohibits:
❌ Adoption for profit or trafficking purposes.
❌ Use of unauthorized intermediaries or brokers.
❌ Misrepresentation in adoption applications.
Violations can result in criminal penalties, including imprisonment.
Practical Challenges
⚠ Lengthy process
- Domestic adoption: 1–2 years.
- Intercountry adoption: 2–3 years or longer due to dual-country coordination.
⚠ Documentation
- Rigid document requirements; incomplete or improperly translated documents cause delays.
⚠ Limited pool of adoptable children
- Priority is given to domestic placement. Intercountry adoption is considered when no suitable domestic adopter is available.
⚠ Immigration coordination
- Adoptive parents must plan for the child’s visa, citizenship, and travel documents in their home country.
Cross-Border Legal Considerations
- Intercountry adoptions must comply with both Thai law and the law of the adopter’s country of residence.
- Some jurisdictions may require re-adoption or recognition of the Thai adoption order.
Example Case
👉 A U.S. couple applies to adopt a Thai child through a U.S.-accredited agency. After DCY review, they are matched with a 4-year-old. The child lives with them in Thailand for 6 months under supervision. The Thai court finalizes the adoption, and the child is issued a U.S. immigrant visa. The family returns to the U.S., where the adoption is recognized.
Conclusion
Child adoption in Thailand is a complex but well-regulated process aimed at safeguarding the welfare of children. Whether domestic or intercountry, adoption requires strict adherence to legal procedures, thorough documentation, and coordination with authorities. Prospective adoptive parents should seek professional guidance to ensure compliance and to navigate the procedural, legal, and cross-border complexities involved.
