24 February 2010
CHILD ADOPTION ACT
BHUMIBOL ADULYADEJ, REX.
Given this 22nd day of April, B.E. 2522 (1979)
Being the 34th year of the present reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to have a law relating to child adoption;
Be it, thereof enacted by H.M. the King, by and with the advice and consent of the National Legislative Assembly, acting as the Parliament, as follows:
Section 1. This Act shall be called the "Child Adoption Act B.E. 2522 (1979)”.
Section 2. This Act shall come into effect after the lapse of sixty days from the date of its publication in the Government Gazette.
Section 3. All other laws, regulations and rules, insofar as they relate to the parts already provide in this Act or which are in consistent with or contrary to this Act, shall be superseded by this Act.
Section 4. In this Act:
“Child” means a minor within the meaning of the Civil and Commercial Code.
“Child Welfare Organization” means a foundation an association or an organization established under the law with the objectives to provide assistance to children and to work in connection with adoption of children.
“Court” means the juvenile court under the law relating to the establishment of juvenile court or the provincial court of a province in which there is no juvenile court.
“Competent Official” means a person appointed by the Minister to execute this Act.
“Director-General” means the Director-General of the Public Welfare Department.
“Board” means the Child Adoption Board.
“Minister” means the Minister having charge and control of the execution of this Act.
Section 5. For the purpose of protecting children. who will be adopted, the application for the adoption of a child and the registration of the adoption of a child shall be made in accordance with the principles, procedures and conditions stipulated herein.
Section 6. No person, except the Public Welfare Department, the government agencies authorized by the Public Welfare Department or the Child Welfare Organizations licensed by the Director-General, shall take action in arranging the adoption of any child, directly or indirectly.
Section 7. A Child Welfare Organization wishing take action for adoption of children by others must apply for license from the Director-General.
The principles, procedures and conditions for the application for the license, the grant of the license and the form of the license shall be as prescribed in Ministerial Regulations.
Section 8. In case the Director-General refuses to grant the license under Section 7 to a Child Welfare Organization, he shall send a notice of refusal, together with reasons, to that Child Welfare Organization without delay and the latter has the right to appeal to the Minister against the said order within thirty days from the date of receipt of such order. The order of the Minister shall be final.
If a Child Welfare Organization which has been granted license under Section 7 violates the conditions stipulated in the license or performs an act detrimental to the peace and order or good moral of the public or to the welfare of a child, the Director-General is authorized to revoke its license, and the provisions of paragraph one shall apply.
Section 9. There shall be constituted a board called the "Child Adoption Board" comprising the Director-General as Chairman, representative of the Ministry of Foreign Affairs, representative of a Bangkok Metropolitan Administration, representative of the Local Administration Department, representative of the Police Department, representative of the Public Prosecution Department, and other qualified persons appointed by the Minister, of a number not exceeding eight and half which shall be women, as members, and the Director of the Child Adoption Center shall be member and secretary.
Section 10. The qualified members shall hold office for a term of two years each time.
In the event an appointment of a qualified member is made during the period the previously appointed qualified members are still holding office, whether it be an additional appointment or a replacement appointment, the person so appointed shall hold office only for the period equal to the remaining period of the duration of the office of the previously appointed qualified members.
Retired qualified members are eligible to re-appointment.
Section 11. Other than retirement by rotation as stated in Section 10, a qualified member shall vacate office upon.
(3) becoming bankrupt;
(4) becoming incompetent or quasi- incompetent;
(5) being sentenced to imprisonment by final court sentence,
except where it is punishment for an offence committed through negligence or a petty offence.