Hague Countries 
HAGUE COUNTRIES – THAILAND - 21ST SEPTEMBER 2011
The Adoption Authority of Ireland has been actively considering the issue of adoptions from Thailand. Following inquiries made and advices received, the Authority wishes to advise all prospective adoptive parents as follows:
1. An Article 17 certificate approves the decision that the State of Origin may entrust a child to prospective adoptive parents (Article 17 of the Hague Convention, as referenced in Schedule 1 of the Adoption Act, 2010 refers). Article 17 approval is a requirement to proceed to effect an adoption in accordance the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.
2. Prior to the commencement of the Adoption Act, 2010, applicants may have sought and been granted an order of Guardianship under Thai law. This was generally followed, after a period of placement, with the effecting of an adoption under Thai law.
3. The Adoption Act, 2010 takes account of the fact that the laws of some countries of origin do not provide for full adoption.
4. The threshold for the test of compatibility has changed under the Adoption Act, 2010. The Adoption Authority of Ireland (AAI) has sought legal advice with regard to adoptions effected under the laws of Thailand. As advised in the Authority’s notice posted on its website in April 2011, adoptions effected in Thailand are considered to be ‘simple’ adoptions. That is, although they afford the adoptive parents all legal rights with regard to the guardianship of the child and place parental responsibilities upon them, they may not fully terminate the pre-existing legal relationship between the birth parents and the child.
5. An application for the recognition of an adoption under Section 57(4) of the Act may be made in respect of any child adopted after November 1st, 2010 under a valid adoption order under Thai law and in accordance with Section 57(2) of the Adoption Act, 2010 and in respect of which an Article 23 Certificate has been provided. This Section must be read in conjunction with Section 58 as the effects of the adoption are limited by this section.
6. An alternative option, to achieve ‘full’ adoption recognition with the precise legal effects as an adoption order under Irish adoption law, is for applicants to make an application under Section 69 of the Adoption Act. Essentially, this section provides for adoptions which are not fully compatible to be “converted” to an adoption which terminates the pre-existing legal parent-child relationship.
7. The provisions of Section 69 may, in some cases, require referral by the applicants to the High Court with the concomitant costs that this would entail. Such referrals will relate primarily to issues of consent (Section 69(2) refers).
The Authority cannot predict the outcome of any such applications to the High Court. For these reasons, potential adoptive parents wishing to adopt from Thailand or those in the process of adopting from Thailand are advised to familiarise themselves with the recognition options and seek their own independent legal advice with regard to the options in their individual case.
This information should be read in conjunction with the Authority’s general advisory in respect of Hague Convention Countries .
NOTICE- THAILAND - 13th April 2011
A delegation from the Thai Central Authority, the Child Adoption Centre, met with the AAI on 4/4/2011. The delegation detailed the adoption process in Thailand under Hague.
Most domestic adoptions in Thailand are in-family relative adoptions and there are also domestic adoptions of non-relative children, most of whom have been relinquished or abandoned to baby homes. Children who are not accepted by Thai couples for adoption are placed on an Intercountry adoption register. The process required to ensure the child’s eligibility for adoption prior to placement on the ICA register is done by District Offices and is comprehensive, including address checks, birth certificate, checks done through the police, relatives and blood tests if necessary. Due to the length of this process, the children placed on the ICA register are at least over one year old and mostly aged over two years. Some children can have minor health problems.
The birth mother is aware when signing the consent forms that her child may go to another country following adoption. She receives counselling in relation to the adoption process and can withdraw the consent up to the time of the adoption, although in practice this rarely happens. The matching process includes a monthly meeting where representatives of baby homes meet with the Central Authority. Children are matched with families using the child’s availability and needs for adoption as the primary criteria.
At present, Irish applicants who may seek to adopt from Thailand face a wait of 30 to 36 months, as there is currently a ‘nil’ quota for Ireland on the Thai ICA register. Prospective applicants should note that Thai law requires that they undergo a parenting course as part of their preparation and that, similar to the requirements for adoption from the Philippines, Thailand is considering the inclusion of a requirement to undergo psychological assessment as part of the adoption application process. Prospective applicants might also note that there is no agency currently accredited to facilitate adoption arrangements between Thailand and Ireland.
| File | Description | File size |
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 Thai_Pack.pdf | Thai Pack | 110 Kb |