#adoptionservices

Child adoption in Thailand is a legally structured process governed by a specific framework designed to prioritize the welfare and best interests of the child above all else . For both Thai nationals and foreigners seeking to expand their families through adoption, navigating this system requires a clear understanding of the governing laws, strict eligibility criteria, and a multi-step procedure involving government oversight. This article provides an in-depth examination of child adoption in Thailand, covering the legal foundation, types of adoption, detailed requirements, the application process, post-adoption obligations, and recent developments affecting intercountry adoption in 2026.

The Legal Framework for Adoption in Thailand

Adoption in Thailand is primarily governed by the Child Adoption Act B.E. 2522 (1979) , which establishes the principles and procedures for legally adopting a child in the Kingdom . This Act mandates that all adoptions must be arranged through the Department of Social Development and Welfare (DSDW), now operating under the Department of Children and Youth (DCY) within the Ministry of Social Development and Human Security (MSDHS) . The legislation also creates the Child Adoption Board, a governing body responsible for issuing regulations, considering and deciding on adoption cases, resolving adoption-related problems, and consulting with concerned parties .

The legal framework is further supported by related legislation including the Civil and Commercial Code (CCC), which regulates parental rights and guardianship; the Child Protection Act B.E. 2546 (2003), ensuring child welfare; and the Conflict of Laws Act B.E. 2481 (1938), governing international adoption cases . For intercountry adoptions involving countries that are signatories, the Hague Convention on Intercountry Adoption also applies, providing additional protections against child trafficking and illegal adoption practices .

Types of Adoption in Thailand

Thai law recognizes two primary categories of adoption, each with distinct procedures and requirements .

Domestic Adoption

Domestic adoption applies when the adoptive parents are Thai citizens or foreign nationals holding permanent resident status in Thailand. The process is handled directly through the Department of Children and Youth or licensed private agencies operating within Thailand .

Intercountry Adoption

Intercountry adoption applies to foreigners residing outside Thailand who wish to adopt a Thai child and bring them to their home country. This process involves coordination between Thai authorities and the competent authority in the adoptive parents' country of residence, requiring approval from both jurisdictions . The Child Adoption Act explicitly requires authorization from the Minister before a child can be adopted overseas .

Eligibility Criteria for Adoptive Parents

Thai law establishes strict eligibility requirements for prospective adoptive parents, with some variations between domestic and intercountry adoption.

Social and Personal Qualifications

Beyond basic eligibility, applicants must demonstrate :

Good physical health and mental stability (with psychiatric or psychological evaluation often required) 

Stable employment and sufficient income

No more than two biological or adopted children already in the family

No history of criminal activity

Positive attitude toward child-rearing

A clear plan for raising the child

Completion of a training program for adoptive parents through a governmental agency or child welfare organization

Additional considerations apply based on specific circumstances. Priority is generally given to childless couples . For applicants with two or more existing children, the Child Adoption Board reviews eligibility on a case-by-case basis . Regarding age dynamics, the Thai Central Authority expresses preference that for children aged 0-24 months, the age gap with the adoptive mother should not exceed approximately 40 years .

Important Restrictions

Thai authorities maintain strict limitations on who may adopt. De facto couples are not eligible to adopt from Thailand . While single females may be considered for children with special needs, single males are typically not approved. Same-sex married couples face varying recognition depending on their home country's laws and Thailand's current legal framework; the Australian government notes that same-sex married couples can apply, though Thailand's internal policies continue to evolve .

The Adoption Process: Step by Step

The adoption process in Thailand is deliberately thorough, typically taking one to three years from initial application to finalization .

Step 1: Initial Application and Home Study

For intercountry adoption, applicants must first contact the competent authority in their country of residence (the governmental organization responsible for social welfare or licensed non-governmental child welfare organizations) . This authority conducts a comprehensive home study report evaluating :

Physical and mental health of applicants

Family status and dynamics

Financial standing (assets, liabilities, income)

Personal reputation and living conditions

Motivation for adoption

Parental relationship with any existing children

Overall suitability to provide love and care to an adopted child

The competent authority must also provide a statement confirming the applicants are qualified for adoption under their home country's laws and are suitable to be adoptive parents of a foreign child .

All documents must be originals or certified true copies, translated into Thai or English, and verified by the Royal Thai Embassy or Consulate in the applicants' country . For Hague Convention countries, additional authentication requirements apply.

Step 2: Matching with a Child

The Department of Children and Youth arranges matching of approved applicants with a child legally available for adoption . Factors considered include compatibility, applicant preferences, and child welfare needs. Photographs and information about the child's background and health condition are sent to applicants for consideration .

For intercountry adoption, Thailand prioritizes placing children domestically before considering international placement . Children available for intercountry adoption typically range from 1-7 years old, with many having special needs . Younger children (under 12 months) are unlikely to be available for intercountry adoption .

Step 3: Approval and Pre-Adoption Placement

If applicants accept the child, the case proceeds to the Child Adoption Board and then to the Minister of Social Development and Human Security for approval of pre-adoption placement . Upon approval, an interview is scheduled with the Child Adoption Board in Thailand, requiring applicants' presence . Both spouses should attend; if one cannot, written consent from the absent spouse is required .

Following the interview, a mandatory pre-adoption placement period of at least six months begins . During this probationary period, the child lives with the adoptive parents under supervision. The competent authority in the parents' home country must submit three bi-monthly progress reports to Thai authorities documenting the child's integration and development .

Step 4: Finalization and Registration

After positive assessment of the placement period, the Child Adoption Board approves finalization of the adoption. Applicants must register the adoption under Thai law within six months of notification . Registration can be completed at any District Office in Thailand or at a Royal Thai Embassy or Consulate abroad .

Upon registration, Thai courts issue a final adoption decree, making the adoptive parents legally responsible for the child . The adoption under Thai law is considered a "simple adoption" that does not automatically sever all legal ties with the biological family; adoptive parents may need to pursue full adoption in their home country after placement .

Special Considerations and Recent Developments

2026 Policy Focus on Special Needs Children

As of early 2026, significant developments affect intercountry adoption from Thailand. According to the Swiss Federal Office of Justice update from January 2026, only applications for children with "special needs" can currently be submitted . Thailand defines special needs to include :

Children aged 6 years or older (72 months)

Sibling groups

Children with health or behavioral problems

Children born to parents with mental illness

Children born through incest

This policy reflects Thailand's priority to secure domestic placement for healthy young children while making international adoption available for children with greater placement challenges. The Australian government confirms that as of 2025, Thailand is unable to receive new applications except for children over 4 years old and/or those with special needs .

The Follow-up Report for Thai Adopted Child form must be completed in English and submitted via email to the Thai Central Authority . Thai authorities also encourage adoptive parents to send photos and progress updates even after formal reporting periods end .

Citizenship and Immigration

For children adopted internationally, the adopted child retains Thai nationality until they acquire citizenship in their adoptive parents' home country . Children must travel to their new country on an appropriate adoption visa (e.g., subclass 102 for Australia) . Upon finalization of adoption in the home country, the child may automatically acquire citizenship or require a separate application process depending on local laws .

Costs and Timeline

Intercountry adoption from Thailand involves several fees:

Home country application fees (e.g., AUD $1,000 for Australia) 

Thai government fees: approximately THB 2,000 for passport and documentation 

Translation fees, travel, and accommodation costs

Thai registration fees (registration of adoption issued free of charge at Thai consulates) 

The complete process typically takes 2-3 years from application to finalization . Applicants should anticipate one trip to Thailand lasting approximately two weeks for the Board interview and document processing .

Risks and Illegal Practices

Thailand maintains strict enforcement against illegal adoption practices. Prohibited activities include :

Adopting children without official DCY approval

Using fake documents to bypass regulations

Paying illegal "adoption fees" to third parties

Penalties for illegal adoption are severe, including imprisonment of up to 10 years for child trafficking, heavy fines, revocation of adoption rights, and return of adopted children to government care .

Conclusion

Child adoption in Thailand operates within a comprehensive legal framework designed to protect children's welfare while providing pathways for both domestic and international adoptive families. The process, governed by the Child Adoption Act B.E. 2522 (1979) and overseen by the Department of Children and Youth and Child Adoption Board, requires meticulous compliance with eligibility criteria, documentation requirements, and multi-stage approval procedures .

For prospective adoptive parents, success depends on understanding the distinct requirements for domestic versus intercountry adoption, the priority given to special needs children in the current 2026 environment, and the mandatory post-adoption reporting obligations . Working with accredited adoption agencies in both Thailand and the applicants' home country, maintaining complete and properly authenticated documentation, and preparing for a process that typically spans two to three years are essential elements of a successful adoption journey.

Thailand's commitment to ethical adoption practices, reinforced by its participation in the Hague Convention framework for member countries, ensures that adoptions finalized through proper channels provide children with loving, permanent families while safeguarding against trafficking and exploitation .