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November Rain
14th Oct 2009, 16:15
Hi there,

Caller suggested I get in touch here as maybe someone will have some advice for me. I've been active on Thai forums for a few years, when I was living there (HHAD, Thai Visa & Teak door), so I guess some people might know a bit of my story.

I lived in Thailand for 8 years. Whilst there, I had a Thai boyfriend (I'm female) for a few years. He and his son (Thai - born to another woman) moved in with me. My BF died just over 3 years ago and I looked after his son alone until I was forced to come back to UK in August this year through lack of funds.

I've been mum to my littl'un for 6 years, now and I desperately want to adopt him & bring him over here. I have a job and family support here. His biological mother will allow me to adopt, as will the rest of his family. I did go to an interview at the child and family welfare place in BKK before I left, but they need social services here to approve me. I've been in touch with social services and they say it's not their field, I need a family law lawyer. Family law lawyers say it's not down to them, I need an immigration lawyer. Does anyone know who is the right person to contact to get the ball rolling? Is it immigration lawyers? The child services in BKK seemed adamant that I needed approval from UK social services.

If anyone can help point me in the right direction I'd be so grateful. It's breaking my heart phoning him every weekend & knowing I'm no further forward. Thanks.

rattana
14th Oct 2009, 16:49
I'm sure some one on this board will be able to point you in the right direction NR I hope it all works out for you soon enough. My wife calls Los every weekend and uses this number its only half pence a minute and always good quality 08442009898.

Merseymike
15th Oct 2009, 10:02
NR, you might be able to make an application for a visa that confers indefinite leave to enter on the basis of a de facto adoption (see paragraphs 309A and 310 of the Immigration Rules (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/)). However, there's an expectation that the application be made at the time the "adoptive" parent is returning to the UK, not after the event.

If you have to formally adopt your partner's son, this cannot be done in Thailand as the Thai authorities are not signatories to the Hague Convention and their adoptions are not recognised in the UK. In the first instance, you'd need to speak to a family lawyer to advise on the adoption process, although you may find a firm that does both adoption and immigration work.

ash
15th Oct 2009, 10:18
Thailand is a signatory to the Hague Convention http://adoption.state.gov/hague/overview/countries.html

Tobias
15th Oct 2009, 11:28
.... I did go to an interview at the child and family welfare place in BKK before I left, but they need social services here to approve me. I've been in touch with social services and they say it's not their field, I need a family law lawyer...

I think this is the starting point, but not specifically Social Services but the Adoption Service of your Local Authority. They will set the ball rolling.

I too was under the impression that Thailand is not a member of the Hague Convention on Intercountry Adoption but ash's link appears to contradict that. I do not have time to verify this at present, but I am pretty sure that Thailand is not a member for your purposes.

Depending on the advice (and/or decision) of the Adoption Agency you may or may not need to instruct a solicitor.

Good luck ...

Merseymike
15th Oct 2009, 12:03
I think the US government has its wires crossed. The Hague Convention website (http://hcch.e-vision.nl/index_en.php?act=conventions.status&cid=69) does not list Thailand as a signatory.

ash
15th Oct 2009, 12:32
from the weblink provided below
News & Events

Three ratifications for the 1993 Intercountry Adoption Convention

12-05-2004
On 19 March 2004, Portugal deposited its instrument of ratification of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption. On 29 April 2004 and 12 May 2004, respectively, Thailand and Madagascar both signed and ratified this same Convention. The dates of entry into force for these countries are as follows: for Portugal: 1 July 2004, for Thailand: 1 August 2004, and for Madagascar: 1 September 2004.


Non-Member States of the Organisation (click here for the Members (http://hcch.e-vision.nl/index_en.php?act=conventions.status&cid=69#mem))



Thailand 29-IV-2004 29-IV-2004 R 1-VIII-2004 3 (http://hcch.e-vision.nl/index_en.php?act=status.auth&sid=130&cid=69)

November Rain
15th Oct 2009, 15:58
Thanks to everyone that answered, particularly MerseyMike & Tobias. I'm interested in the document you linked to, MerseyMike (defacto adoption). I was informed that this might be the case whilst I was still in Thailand, though I was never told of a specific law or clause. I was in touch (often daily & often very emotionally) with the immigration dept of UK consulate in BKK for about a month before I went and asked specifically if I could get a visa to take him back prior to adoption. They refused, without meeting him or me or asking for any supporting evidence. They said that I needed agreement/approval from Child/social services in UK and Thailand before they would consider giving a visa. How was I supposed to get agreement or approval from social/adoption services here in UK, without first coming back and therefore separating from my boy?

I have an appt with an immigration lawyer on Monday, but don't know if they'll take my case. I will ask them specifically about your link, MerseyMike.

Thanks for the advice about Adoption services, Tobias. I'm pretty sure it was them I contacted when I got back here, as they said they weren't concentrating on adoptions from other countries at the moment, so to get a lawyer who would in turn get back to them.

Oh, and thanks for the phone number, Rattana. Will give that a go. :)

Merseymike
16th Oct 2009, 22:34
Let us know how you get on, NR. I'm sure we all wish you the outcome you desire.

Thaddeus
17th Oct 2009, 03:25
Can't offer any advice hon, just want to wish you some good luck :thumb:

November Rain
17th Oct 2009, 17:45
Thanks guys. Will keep you informed.

How goes it, Thaddy? Long time no see. Hope you're doing well. :)