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THE PROGRAM:
GENERAL INFORMATION
CHILDREN IN NEED OF FAMILIES
FAMILY REQUIREMENTS
COSTS
APPLYING TO ADOPT
TIMELINES AND REFERRALS
TRAVELING/MEETING YOUR CHILD
POST-PLACEMENT ACTIVITIES





GENERAL INFORMATION

First, read the Thai Program Moratorium information to see if your family is interested given the current limitations in Thai adoption. Then, work your way through the information below for a full overview. Thai adoption is complex, and unique among "sending" countries. Please read this information carefully.

The government agency in charge of overseeing all Thai adoptions is the Child Adoption Center of the Thai Department of Social Development & Welfare (DSDW, formerly known as the DPW, or Dept. of Public Welfare). DSDW's adoption activities are supervised and approved by the Child Adoption Board of Thailand, as noted below (see "Children in Need of Families" section).

Unlike some international programs, adoption from Thailand involves a fair degree of variability. The process differs depending on the adoptive parents’ country of origin, the agency you work with (and the Thai placement officials your agency works with), and the age and needs of the child you wish to adopt. Families may submit dossiers asking for an unidentified child or may petition to adopt an identitifed child from a list of waiting children (typically, healthy older children over the age of 4 or 5, or children of any age with special needs).

The primary driver of variation in the process is the "dual-track" nature of Thai adoptions. Adoption agencies may submit dossiers directly to the DSDW for review and child assignment, or send them to one of four nongovernmental organizations (NGOs) authorized to make direct placements of Thai children for overseas adoption: the Thai Red Cross, Holt Sahathai Foundation, and Friends for All Children Foundation (all based in Bangkok); and Pattaya Orphanage in Chonburi. (Pattaya Orphanage--which is an NGO as well as an orphanage--has not historically referred children to families in the U.S.) The Thai Red Cross operates an orphanage in Bangkok  (often also called the Thai Red Cross, but technically known as the Thai Red Cross Children Home) and places kids from that orphanage. Holt Sahathai works mostly with birthmothers directly and does not operate an orphanage per se; relinquished children are in foster care. FFAC operates an orphanage in Bangkok and also oversees kids in foster care, particularly in the Chiang Mai area.

The Child Adoption Board and DSDW oversee all adoptions, including adoptions where placements are made by designated NGOs. Independent adoptions are legally possible but are difficult unless a family speaks Thai and/or is living in Thailand.

In general, the notes below pertain to adoption by U.S. citizens who are living in the U.S. Citizens of other countries, and U.S. expats living in Thailand or elsewhere, should consult an agency (preferably more than one), or the appropriate government authority (if in a country where agencies are not used), for accurate program descriptions and requirements, since some of the information below may not be applicable. You can also click HERE for contacts who have volunteered to provide information about how the process works in other countries. For expats living in Thailand: A good summary of procedures by recent (2006) U.S. expat adopters appears HERE. Expats can also check out the "Adopting in Thailand" webpage by an expat adoptive family living in Chiang Mai.

See the U.S. STATE DEPARTMENT’S INFORMATIVE SUMMARY of legal aspects of Thai adoption for U.S. citizens. The State Dept. recently updated this document (April 2007) and it now provides a much more accurate picture of current processes.

Also see the Thai embassy's own Intercountry Adoption page.


CHILDREN IN NEED OF FAMILIES

Gender: Boys and girls. If requesting an unidentified child, the referral process for a boy is typically less lengthy. Some agencies allow families to specify gender; some do not. If this issue is important to your family, make sure to ask.

Ages: 1 to 15 years, though in practice it is relatively unusual to see kids over the age of 10 referred to non-Thai-speaking families. Until recently it was rare to see children younger than 2 years old come out of the Thai program. In the past few years there have been more referrals of children 8 to 18 months old, though pretravel paperwork processing often pushes the child’s age well over those figures before the family takes custody. It is still common for “young” in the Thai program to mean 14 to 36 months at the time of adoption, especially for U.S. families adopting young/healthy/unidentifed children via an NGO (as discussed above). Recent reports (2007) indicate that some non-U.S. families requesting young/healthy/unidentified children through the DSDW-direct quota system, and approved to adopt children age 0-12, have received referrals of younger children and been able to adopt before the child's first birthday.

Twins or sibling groups: Occasionally available. Other than twins and non-twin siblings, it is not possible to adopt more than one Thai child at a time, unless you are adopting the children of your Thai spouse.

Conditions: Most Thai children waiting for adoption live in orphanages. Many of these are government-run, such as the large Pakkred (Bangkok area) and Viengping (Chiang Mai) babies homes and many other babies' and children's homes throughout the nation. Some orphanages are run by NGOs or other private charities (both religious and secular). Examples of this type include the Thai Red Cross Children Home and the Friends for All Children orphanage (both in Bangkok), Pattaya Orphanage in Chonburi, and the Agape Home in Chiang Mai. Some foster care programs exist, where children live with foster families until adoptive placement. Examples include the Holt Sahathai/Holt International program (focused primarily on adoption of young/healthy children), and foster care for some children who are in the care of the Friends for All Children Foundation, particularly in the Chiang Mai area.

Health/development: Families may request healthy or special-needs children. Families should be aware that even “healthy” children who have spent formative periods in institutions will have developmental delays ranging from minor to quite significant (gross/fine motor skills, cognitive skills, speech/language skills, and/or emotional maturity and attachment issues). The longer the time spent in an institution, the more marked the deficits are likely to be. This holds true for institutionalized children in all countries. Refer to the "parenting/medical resources" section of this site , as well as the "book recommendations" section, for good information on post-institutionalization issues. It is crucial to educate yourself on the range of possibilities, particularly in the area of attachment, before you adopt your child. (Attachment issues are not limited to post-institutionalized children and may also occur in children who have been fostered.) Many agencies don't do a great job of pre-adoption education, nor do they do a great job of post-adoption family support. Arming yourself with information before you adopt is a key to successfully handling the issues that may arise.

Eligibility for adoption: The Child Adoption Board of Thailand (which includes key officials of the Thai Dept. of Social Development and Welfare, plus some other authorities) must sign off on all adoptions of Thai children, including adoptions of children in care of the DSDW, children in care of designated NGOs, and children who are relatives or acquaintances of the prospective adoptive family. If birthparent(s) are known, children must have been legally relinquished under Thai law. If the child has been abandoned, Thai officials make an effort to find genetic family before allowing the child to be adopted. The slow speed of the investigational and signoff process is one main reason that infant adoption is virtually nonexistent in Thailand, and even the youngest available children are usually 1 to 2 years old. Many children in Thai orphanages have one or both parents still living; parents may be impoverished, imprisoned, or otherwise unable to care for a child, but may never have signed relinquishment papers. Therefore, though thousands of children live in Thai orphanages, a high percentage of them are not eligible for adoption, either domestically or internationally. 

 

FAMILY REQUIREMENTS

Thai law (Child Adoption Act, 1979) does not stipulate a long list of family requirements. Adoptive families must be legally qualified to adopt in their home states/countries. Married couples must consist of a man and woman who are both at least 25 years old. Single women (not men) can petition to adopt special-needs children only; however, the Thais' definition of "special needs" remains somewhat unclear. (For instance, it is not clear whether the definition automatically includes waiting children who are basically healthy, but older. Consult your agency for the latest details.)

The upper age limit for parents is not codified by Thai law. Rules will vary depending on where your agency is going to submit your dossier (to DSDW or an NGO), and the agency’s own policies. NGOs and adoption agencies can both impose their own rules (beyond Thai federal law) defining what parent ages are considered "too young" or "too old." IT IS EXTREMELY IMPORTANT TO DISCUSS THE PARENT AGE ISSUE WITH EACH AGENCY YOU ARE CONSIDERING.

Though the upper age limit is not part of the federal law, clear patterns of practice by DSDW do exist. In general, parents in their late 20s and in their 30s will encounter no difficulty regarding their ages and should be eligible to adopt both young and older children. (However, a minimum 15-year age gap between the younger parent and the child is required by Thai law.) Parents in their early 40s may be asked to adopt a somewhat older child (older toddler or preschooler). Parents in their late 40s may be qualified to adopt school-aged children or (possibly) younger children with special needs. Couples where both parents are over 50 are much less likely to be allowed to adopt, though it is possible that a special needs adoption would be considered, depending on the needs of the child and the Thai authorities' perception of the "fit" between the child and the candidate adoptive parents. Some NGOs are strict about the age of both parents; others seem more interested in the age of the mother. Again -- discuss your individual situation with each agency you are considering.

Some additional Thai preferences are not codified in the adoption law, so all of the following should be taken as generalities based on agency experience and observed patterns of practice, rather than hard and fast rules. For instance, small families are generally preferred (two existing children or fewer), but this preference may be waived, particularly for waiting children. Some families with a handful of children at home (only 3, in one case, all previously adopted in Thailand) have been denied requests to adopt; however, some other, larger families have been approved. The DSDW is apparently considering all requests from larger families on a case-by-case basis, especially in light of the fact that there is now a large backlog of dossiers from waiting families on hand. In particular, larger families requesting special needs children may be asked to provide detailed information on how much time they will be able to spend with the adoptee, and specifics of how they will provide for the adoptee's individual needs. The number of children currently in the household (vs. older children no longer living there) would also be weighed by DSDW.

For a married couple, a total of two divorces (one per spouse, or two for one spouse) is apparently acceptable. Length of marriage, and length of remarriage after a divorce/divorces, are not codified by the adoption law, but a family that's extremely newly married, especially after divorce, might encounter some difficulties; consult your agency for opinions on your specific situation. Couples need not be infertile, though fertility documentation may be requested, and a pregnancy during the process will delay, and may derail, a Thai adoption. (Thai officials may agree to put your application on hold for a while if you are seeking to adopt an unidentified child, but will probably not approve a request to adopt an identified special needs child if you become pregnant during the process.)

The Thai authorities carefully scrutinize family income and seek evidence that a family can provide for its children. Detailed income documentation is required in the dossier, and families should be prepared to provide it -- but wealth is not a program requirement, and the Thai law does not specify income levels. Serious illnesses of the parents would be evaluated on a case-by-case basis and could prevent an adoption. The Thais do not have a codified weight limit for parents as some sending countries (eg Korea, China) now do. However, recent (2006) anecdotal reports indicate that the DSDW/Child Adoption Center is increasingly concerned about this and has rejected a few familes for being unacceptably overweight (and thus, presumably, more likely to have serious health issues that would interfere with parenting). If you have concerns about your weight, be sure to discuss this with any agency you are considering to get their take on the current situation.

As with most international programs, some requirements may be waived for the adoption of a “waiting” or special needs child. Consult your agency for details.

 

COSTS

Agencies quote widely varying costs for Thai adoptions, mostly in the $10,000 to $18,000 range, excluding travel costs and US federal fees for visa processing and fingerprinting. (The US fees are substantial and some will need to be paid twice due to the slow pace of Thai adoption; consult your agency for the latest details.) Depending on the gifts you buy, the length of your stay, and any orphanage contribution you make, you could certainly spend more than $18,000. Depending on how much your agency collects for its ongoing child-welfare programs (if any), in addition to Thai adoption processing fees, you might also spend a good deal less. The amount of ground support offered by the agency once you are in Thailand can also have an impact on agency fees.

There is no set "required donation" to the Thai welfare institution or NGO that cared for your child. Most families do, however, make a voluntary donation. Consult your agency for advice.

Many agencies offer subsidies or fee waivers for adoptions involving waiting children. Be sure to inquire.

The costs of adoption may be significantly offset through the $10,000+ federal adoption tax credit. (The credit cannot be taken until the adoption has been finalized in a US court. Depending on how fast the Thais sign off on the post-placement process, this often means that a family cannot claim the credit until the tax year following adoptive custody.)


APPLYING TO ADOPT
The vast majority of U.S. families who adopt from Thailand do so with the help of one or more adoption agencies. If no local agency handles Thai adoption, the local agency can prepare a home study and a "placing" agency that does Thai adoption can handle the placement portion. See the agencies section of this site for authorized placing agencies in the U.S. and Canada; check the international section for email contacts who can advise you of procedures if you live in another country.

Independent adoption is legally possible, but is very, very difficult unless you are either an expatriate family living in Thailand, or you speak Thai fluently and can "bird dog" your own process by spending time on the phone with the authorities at the DSDW. (The Child Adoption Center offices are located at: 255 Rajvithi Road, Bangkok 10400 Thailand. Khun Nuanthip currrently apparently handles most of the adoptions for English-speaking families. The phone number is 011-662-354-7509 (fax 357-7511). The email address is adoption@loxinfo.co.th (but don't expect to get very far using e-mail). About 3 p.m., Thai time, is reportedly the best time to call.

Prospective adoptive families are required to submit a dossier of documents, including (but not limited to) an application form; approved home study; birth, marriage, and divorce certificates; financial statement(s); medical letters; personal references; photos; and employer or accountant letters. A letter from your health insurance company detailing their future coverage of your child may also be required during the application process. Families must also complete the Orphan Visa Petition process (I-600 and/or I-600A, depending on whether the family is requesting approval to adopt a preidentified or unidentified child) through the Dept. of Homeland Security/CIS in order to legally bring the child to the U.S. As an alternative, U.S. families living in Thailand long-term may bring to the U.S. adopted children who have been in their legal and physical custody for at least two years, using the "petition for alien relative" process (Form I-130).

The CIS generally advises families to file the I-600A and secure the advance processing approval before filing an I-600, even if they already know the identity of the child they plan to adopt. For their official explanation of the visa process for an international adoptee, click here and use "orphan" as the search term in the site's search box.

Most agencies will assist families with required stateside and Thai authentications of dossier documents, and will also help with all the required visa paperwork. Because many Thai adoptions take longer than 15 months, prepare to be fingerprinted twice during the process. In addition, advanced processing approval for an I-600A expires in 18 months. If you are petitioning to adopt an unidentified child, and you do not receive a referral (and file an I-600) within that time, you must file a second I-600A.


TIMELINES AND REFERRALS

Once dossiers are submitted, checked, and accepted by Thai authorities, the process will vary agency by agency, and will also vary depending on whether the child is preidentified. Given all the variables, processing times are difficult to predict. This can cause a great deal of anxiety for families doing Thai adoptions. Families who may become frustrated by the slow pace and lack of available information may want to check into adopting from other countries where the process is more predictable.

Recent changes in the popular China intercountry adoption program, which have rendered many previously eligible families ineligible, and upheavals in other "sending" country programs have resulted in a reported influx of applications to agencies that facilitate Thai adoptions. Families applying in 2007 and beyond should expect lengthening timelines (i.e., longer than those reported below) due to this influx. As of early 2008, only agencies working with the Thai Red Cross NGO are still taking applications in the U.S. for young/healthy/unidentified children (WACAP, New Beginnings, Heartsent). Holt (Holt Sahathai NGO) and CHSFS (Friends for All Children NGO) have temporarily stopped taking applications for young/healthy/unidentified adoptions due to applicant backlogs. Holt has a limited number of exceptions to this policy; see the agencies page for details.)

The following notes categorize typical current timelines (2007) by adoption type. The timelines assume the a-parents are not living in Thailand and are not ethnic Thai. Families where one or both parents are ethnic Thai may benefit from expedited placement, regardless of where they are living. Expatriate families living in Thailand also often find that their process moves faster than that of families living overseas.

Adoptions of unidentified non-special-needs children via authorized NGOs: Timelines depend on both your agency and the NGO your agency works with. With some agencies, the child assignment may be made relatively quickly (sometimes within 6 months), followed by an equally lengthy (or longer) wait for travel approval. At other agencies, the wait for a referral of such a child may be longer (12 to 14 months or more, depending on age and gender requested), but the travel time may be shorter (3 to 5 months). For adoptions that run smoothly, it is reasonable to anticipate a 1- to 2-year period from the time of dossier submission to Thailand (not your initial agency application to adopt), to the time of adoptive custody. Talk to your agency about patterns they're seeing with the particular NGO they deal with.

Adoptions of unidentified non-special-needs children directly through DSDW: Not currently possible for U.S. families, as explained by the moratorium information at the top of this page. Before the moratorium was imposed, DSDW-direct requests for "young healthy" children were requiring as long as two to three years from dossier submittal to referral. Anecdotal reports indicate that these processing times have come down somewhat, for countries where DSDW-direct, unidentified-child requests are not banned by the moratorium. Reports from multiple countries under the quota system indicate current time frames from one to two years from dossier submittal to referral. (The possible need to wait for a submittal opportunity under the annual quota may, of course, add significant time to this process.)

Adoptions of preidentified children, either by submitting a dossier directly to DSDW or via an NGO: The case-by-case nature of the process for special-needs kids makes it very hard to predict outcomes, since during the process families may request additional medical data, the DSDW may request additional family data, and so on. The process can be delayed if more than one family has expressed an interest in the same child, if the DSDW is unsure that the prospective family can appropriately address the child's needs, if the child is scheduled for medical treatment/surgery that delays the adoption, etc. Families who appear to offer the proverbial "match made in heaven" (for instance, a deaf education professional applying to adopt a deaf child) may see their applications processed more rapidly than those who don't appear to have special qualifications. If the child's needs are severe and/or the family already has several children, DSDW may be particularly stringent about approving the family's request. While approval is pending, the child will usually be put on "hold" for your family, even if you have not yet submitted a dossier. (The "hold" is provisional and does not constitute DSDW approval.) On average, DSDW seems to take 4 to 8 months to approve requests to adopt a specific child once the dossier has been submitted. It may take an additional 3 to 6 months to be approved to travel, so .... in general, it is reasonable to expect a 7- to 14-month process, from dossier submission to custody, for a preidentifed child.

Regardless of adoption type, referrals typically include a relatively recent photo (or photos) and a fair amount of medical information, as well as some history and sometimes even limited information about the birth family if the child was not anonymously abandoned. Information on Thai children is reportedly fairly reliable (but not infallible) and is more extensive than that provided with some other intercountry programs. HIV and Hepatitis B testing is conducted, and results are reported. Because most children are older than infancy when placed, some medical/psychological conditions may be easier to identify than with young infants. But ALL international adoption programs involve the risk of unreported medical, cognitive, or psychological issues.


TRAVELING/MEETING YOUR CHILD

Once a match is made and accepted by the family (or the family has asked to adopt a preidentified child), additional Thai government processing must occur. Most importantly, the Child Adoption Board must sign off on the placement. The Board has a heavy schedule and generally meets only two or three times a month to review adoption cases. Cases are often repeatedly delayed; this can go on for weeks or even months. Do not despair; your case will ultimately reach the top of the pile.

Once the Board OKs the adoption, your family will be assigned a date to meet with the Board in Bangkok, and you will be issued the "To Whom It May Concern" letter, indicating that you have the Board's permission to take custody of the child, pending an adoption. Again, the assignment of this document and Board interview date can be subject to delays. You may receive a copy of the "TWIMC" letter (via your agency) before you travel, or you may be given it after you arrive in Thailand. Only when your agency has given you a firm appointment date can you finalize your travel plans. (Sometimes you only have a few weeks' notice of the actual interview date, but your agency will have alerted you during the preceding weeks or months that your case should be coming up soon.)

If you live in a state different than that of your placing agency, approvals may also have to be arranged between the state adoption officials of both states, according to the rules of the ICPC (Interstate Compact on Placement of Children). Your agency should handle this paperwork for you and will let you know when your state's relevant adoption official has signed off on the placement (if your state requires it) so you can travel.

Thai rules state that both parents in a two-parent family (or the single in a one-parent family) must travel to take custody, meet with the Board, and complete required adoption and immigration paperwork. If you have previously adopted a Thai child, it is possible to have a DSDW social worker escort second and subsequent Thai children to the U.S., if the family pays all travel expenses for the official as well as the child. Using the "escort service" may add extra weeks or even months to the adoption cycle, however.

Families usually travel alone rather than in groups, as is common with some other intercountry programs. Agencies offer varying levels of ground support in Thailand, from extensive to nil. Make sure to ask about this when selecting an agency. If you find that your agency offers little ground support, a number of members of the Thailandadopt listserv have had very good experiences using adoption helper "Miss Oh," who is experienced at shuttling families around to do all the necessary adoption paperwork in Bangkok (email: rujira72@hotmail.com; phone: 66-1842-6894). No guarantees, as the Webmaster doesn't know Miss Oh -- but she does come highly recommended.

The typical trip length for families who travel to Thailand is 10 days to two weeks. If your child is in a location other than Bangkok, intra-country travel and perhaps a longer trip will be necessary, since you must go to Bangkok for the Board/DSDW interview after taking custody of your child. Only after this interview can you get the adoptive custody document that lets you obtain a visa--so even if your child is in Northern Thailand, you must get the visa at the embassy in Bangkok rather than at the American consulate in Chiang Mai. (There is no consulate in Southern Thailand.)

Most Thai orphanages ask adoptive families to visit several times before taking custody of a child. This undoubtedly makes the transition easier for the adoptee, though it may temporarily frustrate the a-parent. Sometimes parents are allowed to take custody on the first day, but this is not a given. During the visiting period, families adopting an older child may be allowed to take the child on outings before returning him/her to the orphanage. Again, this privilege may or may not be extended, depending on the child's individual situation. If the child is in foster care, you will likely meet with the child's foster parents, in the presence of an NGO staff member. A series of meetings may be arranged to ease the child's transition.

As with every aspect of Thai adoption, the legalities and paperwork features of your process in-country may vary. Trust your individual agency for detailed instructions. The information below reflects activities that typically occur, but agencies, NGOs and orphanages offer different levels of service, with some providing documents, making appointments, etc. on your behalf and others expecting you to do most of the work yourself.  If you have to do all the legwork, including shuttling papers, making copies, having translations made, and finding your own transportation between your hotel, government offices, the orphanage, photographers, clinics, etc., your time for sightseeing and relaxing with your child will be more limited. Take this into account when scheduling your trip, perhaps adding extra days if sightseeing is important to you.

Legal activities in Thailand include visa paperwork, including filing the I-600 form (if you have not already done so stateside) and filing the accompanying I-864 Affidavit of Support form. You will normally make an initial visit to the embassy to schedule a visa appointment, and then make a second visit to actually obtain the visa. You'll need to obtain visa photos of your child, using the photo instructions provided by the CIS. (Your agency, NGO, and/or orphanage should have photographer recommendations for you, or may even provide suitable photos that have been taken in advance.) A medical exam of the child is also required for visa approval; talk with your agency regarding clinic/hospital recommendations and how to obtain the form that the doctor must use to report medical findings. If your child is in the Chiang Mai area, you may be able to get this step out of the way there before traveling to Bangkok, as there are doctors there who are familiar with the required process. The medical exam required for the visa is typically cursory and brief. Some homes/foster families may even take care of this step for you before you arrive -- but it's more common for the adoptive family to take the child for the exam.

The Thai orphanage or NGO should provide a Thai passport for the child; a separate fee for this may be assessed. You will probably receive some kind of birth certification document, but this may not necessarily take the form of an official Thai birth certificate. Some families get a photocopy of the Thai birth certificate and are then presented with the original when the adoption is registered under Thai law many months later (see "Post-Placement Activities"). You may be asked to have a certified translation made in English while you are in Thailand, if your agency, NGO, or orphanage has not already arranged for this. Some families never receive an official Thai birth certificate but instead are given a substitute document certifying the child's birth date, signed by the orphanage director or some other official. (After you've adopted stateside, your state can provide you with a "certificate of foreign birth" or some similarly named document that should serve fine, even if you never receive an official Thai document.)

The actual interview meeting with the Child Adoption Board/DSDW is usually not terribly lengthy; 15 to 20 minutes is about average. Meetings are pretty much a rubber-stamp of an approval that's already been made; if serious questions about the match exist, they will have been ironed out before you are ever invited to come for the interview. Families will be asked if they are sure they want to adopt the child, and may be asked to review some of their dossier information with the Board. You then may be asked various simple questions about your job(s), child care plans, other children in the family, schooling, family life, how you intend to offer the child cultural links to Thailand, how you will provide for special needs, and so on. You attend the meeting with the child you are adopting. (Don't be alarmed if your child acts up; the officials have seen it all before.)

After the meeting, you receive the "Memorandum of Agreement" -- the important document that allows the U.S. government to issue a visa so you can legally bring the child home. The memorandum provides provisional custody, but does not represent a finalization under either Thai or U.S. law. This is unusual among international adoption programs. Custody is considered only provisional until finalization occurs after a post-placement process; read your documentation very carefully to ensure that you understand this. You must obtain the Memorandum before your final visa appointment; the embassy may in fact ask you to deliver it before your final appointment date, to make processing on that date go faster. Typically you'll be asked to attend an early-morning visa appointment (including paying the requisite fee), and then return that afternoon to pick up the actual document. With passport and visa in hand, you are free to leave Thailand with your child.


POST-PLACEMENT ACTIVITIES & REQUIREMENTS

After you return to the U.S.,  promptly see your pediatrician for a thorough check-up of your child.

Your agency must file a series of required post-placement reports and photos (three reports over a six-month period) with the DSDW. Again the Child Adoption Board has to sign off on the adoption after the reports are filed. You will then receive notice from the Thai authorities (via the adoption agency) that you are approved to pursue final adoption. At this point, you are free to adopt the child in a court in your home state, perform a legal name change (if desired), and obtain a state birth certificate or equivalent. State laws regarding paperwork requirements do vary; consult your agency regarding families' experiences with your state and Thai adoptions.

Eventually families should also receive notice from the Thai government to complete Thai paperwork by registering the adoption at a Thai consulate or embassy. These are located in New York City, Washington DC, Chicago, and Los Angeles. If a visit is inconvenient, a consular official may be willing to travel to meet the family and complete the required paperwork, if the family is willing to pay the official’s expenses. The Thai registration has no effect on the legality of the child's adoptive status in the U.S. (if the child has already been adopted stateside) but rather completes the case in the Thais' own paperwork. A family will not be allowed to adopt a second Thai child without completing registration of the first -- though registration is sometimes subject to extreme paperwork delays. Some families have successfully finished registration of previously adopted child(ren) while traveling to Thailand to adopt another child, or even completed the registration many years later on a homeland visit.

Legislation passed by Congress in late 2000 made citizenship automatic for international adoptees whose parents are U.S. citizens living in the United States. As of Feb. 27, 2001, all Thai adoptees (under age 18) living in the U.S., whose adoption had been finalized (but who had not yet become citizens), automatically became citizens. According to the language of the law, Thai adoptees entering the U.S. after that date become citizens at the moment their adoptions are "full and final."

Some dispute exists about whether the Thai registration process, without an accompanying adoption in an American home-state court, constitutes a "full and final" adoption under the citizenship law. Most families strongly prefer the security of having an adoption document issued by an American court, and some agencies require parents to promise to do a stateside adoption. In addition, many families do not manage to complete the Thai registration promptly (or at all) due to problems with paperwork on the Thai side -- leaving their child in legal limbo unless a stateside adoption is done. A 2003 interpretation by the IRS seems to indicate that a home-state proceeding is required if families are going to have adoptions considered "final" in order to take the adoption tax credit, but the federal Child Citizenship Act (link above) does not directly address this situation. Little anecdotal evidence exists regarding whether CIS will accept a Thai registration document as "full and final" in support of a Certificate of Citizenship application, since almost all families choose to do a home-state adoption and use that document for this purpose. It is possible that states themselves might also vary on their acceptance of the Thai documentation as full and final, which would affect families' ability to obtain a stateside birth registry document. Consult an experienced adoption lawyer in your home state if you have completed the Thai registration and still have any questions about whether a home-state adoption is necessary or advisable.

No naturalization paperwork is required; as noted above, your child's citizenship is automatic at the moment the adoption becomes "full and final." However, families who wish to obtain proof of U.S. citizenship for their child must apply for a U.S. passport through the State Dept. (via any passport office) and/or Certificate of Citizenship (through CIS/Dept. of Homeland Security). Because almost all Thai orphans enter the U.S. on IR-4 visas (provisional custody for unfinalized adoptions) rather than IR-3 (for those whose adoptions are finalized in the sending country), Thai adoptees are not covered by 2004 federal legislation that made the sending of citizenship certificates to adoptees automatic.

Passports are typically much easier, faster, and cheaper to acquire. However, the "gold standard" for proving citizenship is the Certificate of Citizenship, since passports expire and certificates do not. In addition, some minority adults have encountered hassles when trying to prove citizenship with only a passport. Because the State Dept., your state courts, and the CIS do not communicate with each other, the CIS will forever have your child/ren listed as "permanent residents" if you do not complete the Certificate of Citizenship process--even if your child has legally become a citizen (automatically, via adoption finalization) and you have applied for and received a passport for him/her. Click here for an interesting article about why it's so important that CIS knows of your child's status as a citizen, especially if (heaven forbid) your child ever has a run-in with the law.

A Social Security number should also be obtained for the child. It is not necessary to wait for citizenship or adoption finalization and registration to obtain a Social Security number. Acceptable documents are typically a Thai passport with INS stamp in the back, green card (if received), birth registry document (most offices will want a certified English translation if you don't have a "foreign birth" document issued by your state), and adoption placement agreement. Some offices may be willing to issue a card in the child’s current family name (rather than Thai name) if parents present documentation with the current name (such as a health insurance card or baptism certificate). Some will not do this without seeing legal proof of a name change. (Don’t wait -- get a card with the Thai name and change it later.)

If a clerk tells you a number cannot be issued even if you present the “acceptable documents,” ask to see a supervisor, or visit another Social Security branch. Please note that the SSA's own Website confirms that the adoption does NOT have to be finalized in order for them to issue a number. Post 9/11, many offices are confused about their own agency's regulations; shopping around for another office where staff are more knowledgeable can often be your best tactic.

It is possible you may hit a brick wall in this quest no matter what you do. If the matter is urgent (getting a number for tax purposes), just file for an adoption tax identification number (ATIN) through the IRS, and return to get a Social Security number after your adoption has been finalized. The forms for getting an ATIN (which is filed with your tax return) are here.

Once citizenship occurs (upon your family's adoption finalization), you must revisit the Social Security office and update the child’s citizenship status (and legal name, if needed) in the Social Security computer system. This ensures that the child will receive all benefits due to a U.S. citizen, including survivor benefits if one or both adoptive parents die while the child is a minor. The required documentation for this update includes a U.S. passport or citizenship certificate, as well as parental proof of identity. Take along your adoption papers and child's birth certificate as well--you never know what a clerk will ask for, including various "nonrequired" papers.

Click the following link for a detailed article about the post-placement process, including links to current information on how to apply for a Certificate of Citizenship, a passport, and a Social Security card.


 
 

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