Child adoption in Thailand is governed by a well-defined legal and procedural framework that reflects the nation’s strong emphasis on child welfare, family integrity, and international obligations under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Both domestic and intercountry adoption are permitted, but they are subject to different rules, oversight mechanisms, and procedural safeguards.

Adoption in Thailand is not merely a family arrangement—it is a judicially recognized legal act that permanently transfers all parental rights and responsibilities from the birth parents (or guardians) to the adoptive parents. This article provides a detailed analysis of Thailand’s adoption system, including statutory requirements, procedural steps, eligibility criteria, institutional roles, and post-adoption legal effects.

1. Legal and Institutional Framework

1.1 Governing Legislation

• Child Adoption Act B.E. 2522 (1979) (as amended)

• Civil and Commercial Code (Sections 1598/19–1598/42)

• Child Protection Act B.E. 2546 (2003)

• Ministerial Regulations on Adoption Procedures

• Hague Adoption Convention (ratified by Thailand in 2004)

1.2 Competent Authority

• Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security (MSDHS)

• Child Adoption Center (CAC) – handles both domestic and intercountry adoptions

• Juvenile and Family Court – finalizes adoption with court orders

• Thai Embassies and International Organizations – involved in intercountry adoptions

2. Types of Adoption in Thailand

2.1 Domestic Adoption

• Both child and adoptive parents reside in Thailand

• Can involve relatives or non-relatives

• Adoptive parents must reside in Thailand and be legally qualified

2.2 Intercountry Adoption

• Foreign nationals seeking to adopt Thai children

• Must go through the Central Authority in their home country

• Must follow Hague Convention procedures (if applicable)

• More heavily regulated and longer than domestic adoption

3. Eligibility Criteria

3.1 For Adoptive Parents

Domestic Adoption:

• Must be at least 25 years old

• Must be at least 15 years older than the adoptee

• Must have legal capacity (not under guardianship or declared incompetent)

• Can be Thai or foreign national with legal residence in Thailand

• Must demonstrate good moral character, financial stability, and emotional readiness

Intercountry Adoption:

• Must apply through their country’s Central Adoption Authority (e.g., USCIS in the U.S.)

• Must meet Thai eligibility and home country legal requirements

• Must be approved by both countries’ central authorities

3.2 For the Child (Adoptee)

• Must be under 18 years old (unless child is the spouse of the adopter or stepchild)

• Must be legally free for adoption:

  • Abandoned or orphaned

  • Parental consent obtained (unless parental rights are terminated)

• May be in a state orphanage or foster care

• Consent of the child is required if over 15 years old

4. Adoption Procedure in Thailand

4.1 Domestic Adoption Process

1. Initial Application

   • Submit application to Child Adoption Center (CAC)

   • Provide:

     • Identification

     • Criminal background check

     • Financial statements

     • Marriage certificate (if applicable)

     • Medical certificate

     • House registration (for Thai applicants)

2. Home Study and Evaluation

   • Conducted by a social worker

   • Assesses living environment, financial condition, emotional readiness

3. Matching Process

   • Matching with a child in foster care or institutional care

   • Includes interviews and bonding assessments

4. Foster Period

   • 6-month supervised trial foster placement

5. Court Petition

   • If foster period is successful, a petition is filed with the Juvenile and Family Court

   • Court hearing may be required to assess intent and qualifications

6. Final Court Order

   • Once granted, the court issues an adoption order

   • Adoption is then registered with the local district office (amphur)

4.2 Intercountry Adoption Process

1. Initial Application in Home Country

   • Apply through the adoption authority in the adopter’s country

   • Undergo home study and receive approval

   • File dossier to Thailand via central authority

2. Screening by Thai CAC

   • Review documents

   • Ensure compliance with Thai law and international standards

3. Child Matching and Acceptance

   • Thai authorities match child

   • Consent obtained from child (if applicable)

   • Prospective adoptive parents accept referral

4. Travel to Thailand

   • Required to complete pre-adoption foster period

   • Observe and bond with the child for 2–4 weeks

   • Attend interviews with CAC officials

5. Final Approval

   • Thai CAC forwards the file to the Juvenile and Family Court

   • Adoption is finalized in Thailand or in the adoptive country depending on bilateral agreement

6. Immigration and Exit

   • Thai passport and exit permit issued for the child

   • Child departs Thailand to new home country

5. Legal Consequences of Adoption

5.1 Parental Rights and Status

• Adopted child has legal status as a biological child

• Inherits from adoptive parents under Thai inheritance law

• Original parental rights (biological parents) are extinguished unless limited adoption is specified

5.2 Name and Nationality

• Child may take on adoptive parents’ surname

• Nationality may change depending on adoptive country’s laws

5.3 Registration

• Adoption must be recorded in the house registration book (Tabien Baan) and with district office

• Foreign adoptions must be recognized in both Thailand and the receiving country for full legal effect

6. Special Considerations and Challenges

6.1 Birth Family Consent

• Consent of biological parents or legal guardians is required unless:

  • Parents are deceased

  • Parental rights have been revoked

  • Child is abandoned with no known parent or guardian

6.2 Fraud Prevention and Ethical Standards

• Thailand strictly prohibits:

  • Child selling

  • Coerced consent

  • Trafficking masked as adoption

• Adoptions are supervised under the Hague Convention’s safeguards

6.3 Post-Adoption Reporting

• In intercountry adoptions, adoptive parents are often required to submit:

  • Post-placement reports (1–3 years)

  • Periodic updates on the child’s development and welfare

7. Hague Convention Compliance

Thailand is a full member of the Hague Convention on Intercountry Adoption, which mandates:

• Cooperation between central authorities

• Certification that adoption serves the best interests of the child

• Legal recognition of adoption across borders

• Prevention of abuse, corruption, and exploitation

Non-Hague adoptions are possible but may face longer processing times and additional scrutiny.

Conclusion

Adoption in Thailand is a structured legal process, governed by both domestic family law and international conventions, aimed at ensuring the permanent and secure placement of children into loving families. While the process is more stringent than informal caregiving arrangements or guardianships, it offers the benefit of full legal parenthood and family integration.

Prospective adopters—whether Thai or foreign—must navigate a multi-stage vetting system, meet strict eligibility criteria, and demonstrate the capacity to provide for the long-term welfare and development of the child. With Thailand’s strong institutional framework and international alignment, child adoption is possible, but must always center the best interests of the child.