Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesThai Civil and Commercial CodeBook5Book V Family Title II Parent and Child Chapter IV Adoption

Book V Family Title II Parent and Child Chapter IV Adoption

Page: 214

Section: 1598_23 - 1598_30

Section 1598/23.- In case of the minor to be adopted has not been deserted but has been under supervision of an institution for child welfare under the law on child welfare and protection, the parents or one of the parents, in case the other has died or whose parental power has been deprived, may make a letter of power entrusting the said institution to give consent to the adoption, and the provisions of Section 1598/22 shall apply, mutatis mutandis.

The letter of power under paragraph one cannot be revoked as long as the minor is supported and maintained by that institution.

 

Section 1598/24.- The person who has the power to give consent to the adoption on behalf of the institution under Section 1598/22 or Section 1598/23 may adopt the minor being under supervision and support of the institution as his own adopted child if the Court has granted the application made by the said person in lieu of giving consent thereto by the institution.

 

Section 1598/25.- A married person who is to adopt, or a person who is to be adopted, must obtain the consent of his or her spouse. In case that the spouse is unable to give consent, or has departed from the residence and disappeared for not less than one year, an application with the Court must be filed to grant the order of permission in lieu of such consent.

 

Section 1598/26.- A minor, who is an adopted child of any person cannot concurrently be adopted by another person, except be adopted by the spouse of the adopter.

If one spouse will adopt the minor who has already been the adopted child of the other as his or her adopted child, the consent thereto must be obtained from the latter, and Section 1598/21 shall not apply.

 

Section 1598/27.- Adoption is valid only upon registration being effected according to law. If the person to be adopted is a minor, it has to comply firstly with the law on the adoption of the child.

 

Section 1598/28.- An adopted child acquires the status of a legitimate child of the adopter, but none of his rights and duties in the family to which he belongs by birth are prejudiced thereby. In such case, the natural parents lose parental power, if any, from the time when the child is adopted.

The provisions of Title 2, Chapter 2 of this Book shall apply mutatis mutandis.

 

Section 1598/29.- Adoption does not create to the adopter the right of a statutory heir to the inheritance of the adopted.

 

Section 1598/30.- If the adopted dies without a spouse or descendant before the adopter, the adopter is entitled to claim from the estate of the adopted the properties which were given to the adopted by the adopter and which still exist in kind after the liquidation of the estate.

No action for claiming the right under paragraph one shall be entered later than one year as from the day when the adopter has known or ought to have known the death of the adopted, or later than ten years as from the death of the adopted.