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BANGKOK 19 April 2019 04:02
zhangxifu

Adopting my wife's child.

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Is there anyone here with the experience of adopting thai wife's child, not out of previous marriage but of which she has sole custody over? Can the child be given the same rights as my biological child would have? What are the steps required? I am guessing it would be best to adopt in Thailand first and then inform the home country in Europe. I might be wrong though. Can we simply register shared custody at the local district office at our place of residence in Thailand? Can my name be added to the BC? I am interested to define the inheritance rights for the one to be adopted as well as the legal status as such at my home country in Europe. Thanks!

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I have a feeling the child's legal status might also affect visas for frequent travel in Europe as not residing there.

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You ask a lot of questions. In many European countries, in order for the child to have duel Nationality,  you must adopt in both Thailand and the country concerned. As far as I know, that is the case for the UK. You can't be added to the BC because you are not the child's biological father. Not sure what you mean by registering for joint custody. Not sure that there is such a polity or process, but you can check with your local Amphur.  The adoption process in Thailand is far from simple.  I suggest you start with a family lawyer who can guide you through the process.   One thing you will definitely need is a letter of consent from the biological Father for you to adopt the child.  

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3 hours ago, Pilotman said:

You ask a lot of questions. In many European countries, in order for the child to have duel Nationality,  you must adopt in both Thailand and the country concerned. As far as I know, that is the case for the UK. You can't be added to the BC because you are not the child's biological father. Not sure what you mean by registering for joint custody. Not sure that there is such a polity or process, but you can check with your local Amphur.  The adoption process in Thailand is far from simple.  I suggest you start with a family lawyer who can guide you through the process.   One thing you will definitely need is a letter of consent from the biological Father for you to adopt the child.  

My questions should be quite simple for someone familiar with the process, you my friend didn't answer any of them. You also failed to deduce that there is no father in this case, I thought I made that clear. Again, for those with knowledge of the process, I would very much like to understand the steps. If not, no need to waste the bandwith.

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4 hours ago, Youlike said:

You want him to go in the european army?

Are you asking my personal opinion or my lawyers? If you refer to forced service, some countries in Europe still hold, I can assure you that there are also more civilized, non violent options available, but yes it's still forced labour in my perception. So answer is no, not against the individuals will.

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On 3/25/2019 at 10:40 AM, Pilotman said:

You ask a lot of questions. In many European countries, in order for the child to have duel Nationality,  you must adopt in both Thailand and the country concerned. As far as I know, that is the case for the UK. You can't be added to the BC because you are not the child's biological father. Not sure what you mean by registering for joint custody. Not sure that there is such a polity or process, but you can check with your local Amphur.  The adoption process in Thailand is far from simple.  I suggest you start with a family lawyer who can guide you through the process.   One thing you will definitely need is a letter of consent from the biological Father for you to adopt the child.  

"...registering for joint custody..."

 

Seems to me that would be pretty much automatic once the adoption is approved by the Thai ministry, and the next / final steps in the overall paperwork are completed.

 

As already mentioned there is possibly for some signatures by the biological father however the OP mentioned that his wife already has official single custody, maybe that changes the need for the biological father to approve the adoption but that should not be assumed and needs very detailed legal advice.

 

I'm aware that the Thai ministry are very approachable and give clear answers on these points. But regardless the full adoption procedures and documentation when completed  would ultimately OP as the official father by law.  

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Did this many years ago in the UK.

Back then we did the Thai adoption first which was rejected by the consulate in Bangkok as "worthless".

A DNA check was required at their nominated hospital to further the papers. My wife was on an open visa to remain in the UK at that time.

Once all of us were in the UK the authorities were more interested in the Thai paperwork than the consulates!

We then had an obligatory period of social worker visits. Watch out here, the first social worker was a bully and upset the kid every visit. We complained strongly and had her replaced. The new one was excellent, very professional and caring.

Lastly a visit to the local courts to finalise everything and that was that.

Obviously the system may have changed since then but an odd a quirk back anon was that we BOTH had to adopt.

After that citizenship and passport (remains dual citizen to this day) were simple formalities.

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I too would like to adopt my wife's daughter, who I have raised as my own for over 11 years.  I made one attempt a few years ago but gave up pretty quickly.  The main reason was that my wife and I weren't married back then.  Now we've been married a couple years.  I would like to try again.

  What I learned is that adoption, unlike marriage, is not recognized across borders.  I am from America and I was told adopting her under Thai government would be useless and a waste of time, the USA officials wouldn't recognize it at all.  I was however told if I adopted her successfully in the USA it would be 100X easier to adopt her here in Thailand afterward.  It would still be a separate adoption process in Thailand, and Thailand would not recognize the USA adoption, but it would make the process easier.  IMHO, little reason to adopt her here once the USA side is complete.  This is my understanding, I am not stating it as fact.   

Hopefully we can both get some information from someone on here with REAL experience and not just 8 pages of replies from a bunch of keyboard warriors.  Good luck to both of us.

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1 hour ago, scorecard said:

As already mentioned there is possibly for some signatures by the biological father however the OP mentioned that his wife already has official single custody, maybe that changes the need for the biological father to approve the adoption but that should not be assumed and needs very detailed legal advice.

I know of a case where the mother had sole custody and the adoption went ahead without a signature from the biological father (the whereabouts of the father were stated as "unknown"). The mother had previously obtained a paper from the local amphoe, called a PK14, stating she had full care of the child. The PK14 was originally obtained in order to get a passport for the child.

 

As part of the adoption process, the stepfather had to have a psychiatric evaluation.  At the time they were told the process could take several years but they actually received the papers for the adoption in just under 2 months

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this type of questions were in another post no long ago, how old is the child, does his/hers BC has a fathers name on it, your wife gave birth, when she registered the new born she had to provide mother and father's name for the records, even if she has sole custody (depending on the child's age) you will need the biological fathers permission but to make it simple, please visit the following site or call their BKK office--- http://www.dcy.go.th/webnew/main/contactus.php

good luck

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On 3/25/2019 at 12:23 AM, zhangxifu said:

My questions should be quite simple for someone familiar with the process, you my friend didn't answer any of them. You also failed to deduce that there is no father in this case, I thought I made that clear. Again, for those with knowledge of the process, I would very much like to understand the steps. If not, no need to waste the bandwith.

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You aren't going to get very far with that type of attitude!  I know I've done the process!  When it comes to the father there is one whether you want to believe it or not because the child came from a source!

In my situation, the father had died before he was born yet we had to go back to the village of his death and obtain the death certificate. The adoption agency will not proceed without it! 

I can't remember the address of the Thai adoption agency but after the process got started I release my lawyer and they offered to do the process without charge since I was keeping and planned to raise him in Thailand.

Personally, if I was taking him thereafter to another country I would check as noted by another poster the requirements of that country. I'm from the U.S. although the adoption was done in Thailand my planned at some point was to take him to the U.S. and obtain a green card for all of them which includes a Social Security number for both and then return home. During that process, my wife came down with cancer so everything was put on hold but my brother who adopted two Thai kids at the same time I adopted continues with the process. The adoption being done in Thailand once finalized was translated and notarized by the U.S. Embassy. When it was time for him to file for Social Security benefits for himself and his kids the documents from Thailand was no problems.

As for the adoption here as noted I would double check so you don't need to go through the process twice I would think it would be expensive. Some of the things required of me from the Thai adoption ( all the staff was great and spoke excellent English )

I had to supply documents of income source to prove I could support him, I had to obtain a criminal background check from my home country locally and a Thai criminal background check in Bangkok, take a physical at Bumrungrad Bangkok, adoption staff make a home visit also to interview my future son, I also had to do an interview with an agency in my province, after a year we were all called to the adoption center in Bangkok and the interview took about half an hour with a large panel. After a month we were approved and took the approval to the local Amphur to have it register.

Oh last if you plan to do the adoption in Thailand one requirement then was before you can even apply you must reside in Thailand for six straight months also note this was 15 years ago. The process can really test a person patience it did mine but that was before I found this law firm in Bangkok brother and sister were raised and educated in U.S. speak and write Thai have done a number of adoptions, visa, for family and friends all were satisfied. 

When you run into a wall give me a P.M. and I will forward the name of the firm.  good luck chill!

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