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Adopting Thai Children (neices)

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We are looking to adopt my wife's nieces. The eldest is 15 and has been with us for nine years, the younger is 13 and has been with use for around 5 years. The parents have agreed to the adoption, however we are unsure how to proceed in regards to being non-Thai.

 

I am Australia, 50 years old and have been here over 25 years, married for the last 15 or so. I have a work permit and am on a non O spouse multi entry. If necessary I can switch to a one year extension either on a non O or non B.

 

My wife has spoken to lawyers who tell her the Australian embassy is no longer issuing a certain document, so it's not possible for me to be included in the adoption. I've searched online but can't find anything helpful. I'm happy to get a lawyer, as it's most likely necessary, just try to educate myself first.

 

Thanks in advance for any responses.

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Confused about some of the details. 

 

1. You are Australian working and living in Thailand for a long time

 

2. You are married to a Thai woman? 

 

3. What are the circumstances around the adoption - why is the family agreeing to allow the children to be adopted? 

 

4. Where will the adopted children reside - Thailand, Australia? 

 

Edited by Fex Bluse

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Chicken Legs:

Thanks for the advice, my wife has called the adoption center, they were helpful but a bit vague. They are saying the Australian embassy is no longer issuing a relevant document, so it's impossible.

 

Fex Buse:

Thanks

 

1. You are Australian working and living in Thailand for a long time?

Yes

 

2. You are married to a Thai woman? 

Yes

 

3. What are the circumstances around the adoption - why is the family agreeing to allow the children to be adopted? 

They have been with us for a long time already, as the parents aren't so responsible/capable. Adopting has practical implications for signing forms, traveling, visas etc. So the parents have agreed. Also by adopting helps my wife put their names on the will

 

4. Where will the adopted children reside - Thailand, Australia? 

Thailand, I rarely visit Australia and don't plan on moving back.

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Sounds like the letter you need is "Letter of No Objection", which is to do with whether or not you are still habitually resident in Australia (which is a matter of law and not always as straight forward as it might seem).

 

I just took a look at the Notarial Services section on the Australian Embassy website and your lawyer is correct - no longer issued.

If you don't have it the Thai agency can't allow you to adopt.

 

I don't know whether you can get the letter from your Foreign Office in Oz.

 

I am a Brit, going through an adoption procedure here. Luckily the British Embassy are still issuing the letters.

 

Good luck to you.

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My American friend went through this process while trying to adopt the daughter of the Thai woman hw was married to. She had to legally give ALL parental rights in order for him to adopt the girl. Fortunately for him his wife trusted him that he would take good care of both of them so the adoption went on through but it took almost two years and many trips back and forth from Chiang Mai and Bangkok.

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I certainly would not rely on a Thai lawyer telling me about a document no longer provided by the Australian Embassy.  It's been my experience that if something does not sound right, it's not right.  Just like the requirement for income letters (which are no longer provided), there almost certainly is an acceptable alternative.  You just need to find out what that alternative is.  That adoption center should be able to tell you.  I think YOU need to get more involved; and, speak to them directly.  Someone at the embassy should know what the workaround is as well. Just my opinion, good luck.

Edited by kensisaket

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On 10/17/2019 at 2:40 PM, chickenslegs said:

The people at the Adoption Centre in Bangkok are very helpful.

A good start would be to get your wife to call and ask about what documents are needed from an Australian residing in Thailand, and how to get them.

 

Thai Adoption Authority
Child Adoption Center (CAC)
Department of Social Development and Welfare (DSDW)
255 Rajvithi Road
Bangkok 10400, Thailand
Tel:  (66-2) 354-7500 ext. 412-419
Email:  adoption@dcy.go.th

I adopted my wife's niece. Strangely enough it was I who adopted her and not my wife, so she has my English surname. It was quite a long time ago and I was a permanent resident then. It was all very easy but our nieces mother has to be the court in person to testify that she is prepared to give away her daughter.

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8 hours ago, kensisaket said:

I certainly would not rely on a Thai lawyer telling me about a document no longer provided by the Australian Embassy.  It's been my experience that if something does not sound right, it's not right.  Just like the requirement for income letters (which are no longer provided), there almost certainly is an acceptable alternative.  You just need to find out what that alternative is.  That adoption center should be able to tell you.  I think YOU need to get more involved; and, speak to them directly.  Someone at the embassy should know what the workaround is as well. Just my opinion, good luck.

The Australian Embassy website clearly states that they do not issue "letters of no objection".

 

I think the OP should request the list of Aussie lawyers in Thailand, from the consular section https://thailand.embassy.gov.au/bkok/consular21.html and, as you suggest find the workaround.

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