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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
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.
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.
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.
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.
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.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.
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.
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.
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.
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.