One of the frequent requests that we receive is from US citizens who would like to adopt their nephews and nieces in Thailand.
There are actually 2 systems of law that relate to this inquiry: 1) Thai Adoption Law and 2) US Immigration Law. Of the two, US immigration law is a much greater hurdle. This is mainly due to the strict requirements of the “Orphan test.”
By way of background, US immigration law separates foreign nations into nations that have signed onto the Hague Treaty concerning adoption and those that have not. Those nations that have not signed onto the treaty will review adoptions according to the “Orphan Test.” The determination of whether a child qualifies as an orphan is made pursuant to US law. The law of Thailand is not dispositive. The child must have no parents or a sole parent who is unable to care for the child and has provided written consent to the adoption. The child must also be under 16 years of age at the time the application is submitted, or is 16 or 17 years old if he or she is a birth sibling of an adopted child or one who will be adopted under the age of 16 by the same adopting parents.
The adoptive parent (s) must be married U.S. citizens filing jointly, or an unmarried citizen at least 25 years of age. The adoption must be fully completed, or the adopting parents must have legal custody of the child allowing them to continue the process in the U.S.
May Americans believe, incorrectly, that it is possible to adopt a Thai relative and bring the child to the USA. The USCIS and the USCIS Embassy will carefully scrutinize such cases to determine whether the child is an “orphan” as defined by US Immigration Law.
Few experiences can be more heartbreaking than to go through a Thailand adoption procedure and then to be denied a visa to the US for your adopted child. Accordingly, adoptive parents should pay close attention to the orphan requirements of US Immigration Law.
