Who may adopt in Thailand

[SiamLegal]

The Thai Adoption Law of 1979 is the main statute on adoption in Thailand. It is this law which specifies who may adopt in and from the country.

The following are the general guidelines on who may adopt in Thailand:
 
1) Must be legally married and both parties must consent to the adoption;
2) Both parties must be 25 to 40 years old;
3) Both parties must at least be 15 years older than the child to be adopted;
4) Both parties must be legally qualified to adopt a child under their national laws;
5) Both parties must have no criminal record;
6) Both parties must be of good physical and mental health;
7) With sound financial capacity to accommodate another child into the family.

The above guidelines apply whether the adoption applied for is domestic or inter-country.

The Child Adoption Center of the Department of Social Development and Welfare (DSDW) may impose stricter rules or relax some if the case so warrants, like when the child to be adopted is a step-child. In such cases, the board relaxes the 15-year gap or the 25 to 40 year-old age range requirement to give way for the adoption. The greater concern — which is to provide a complete family for the adoptee — takes precedence over the qualification guidelines. 

While childless couples or couples with only one child enjoy preference in the adoption of children from Thailand, the DSDW has allowed single individuals to adopt as well. These single applicants are presently being considered prospective adopters for special needs children. 

Severely overweight applicants may be denied application even if they comply with the rest of the requirements. The authorities worry not only of the overall health conditions of the prospective adopter, but also of the possibility that the child may embrace the unhealthy lifestyle that the adopter has been accustomed to in case they are given the chance to live together as a family.

A divorcee applicant may qualify as an adopter. In this case, the applicant should not have divorced more than once. 

The above guidelines may change from time to time, and may be reconsidered on a case to case basis. The requirements are in place to ensure that the children receive the care of families they truly deserve.

This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes Thailand adoption guides on its website.

Siam Legal International
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North Klongtoey, Wattana, Bangkok 10110
Tel: 662 259-8100