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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Acknowledgments :

This translation has been prepared with the kind assistance of Chaninat & Leeds, a full-service law firm with Bangkok US lawyers practicing both family and business law.



Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up
 

 

Section 12. At a meeting of the board to constitute a quorum, there shall be members of a number not less than one half of the total number of numbers attending it. If the Chairman is not present at any meeting, the members present shall elect one among them as the chairman of the meeting.

A decision of the meeting shall be by a majority of votes. Each member shall have one vote. In case of a tie, the Chairman of the meeting shall be entitled to another vote as the casting vote.

Section 13. The Board may appoint one or several sub-committees to carry out any work it may assign to them.

The provisions of Section 12 shall apply to the meetings of the sub-committees.

Section 14. The Board shall have the following powers and duties:

            (1) To issue regulations, rules and procedures relating to adoption of children to be observed by the Adoption Center, the licensed Child Welfare Organizations and other agencies concerned;

            (2) To consider and give decision to adoptions of children;

            (3) To resolve problems concerning adoption of children;

            (4) To give consultations concerning adoption of children to the Adoption Center, the licensed Child Welfare Organizations and other agencies concerned.

Section 15. The Adoption Center which is established in the Public Welfare Department shall act as the Office of Secretary of the Board.

Section 16. For purposes of carrying out this Act, the Director-General, the provincial governors or the competent officials shall have the following powers:

            (1) To enter the place of residence of the parents, guardian, applicant, the welfare institute, nursing home, place of residence of the child, or the office of a Child Welfare Organization during sunrise and sunset for purposes of meeting, interrogating, searching for facts, gathering documents and evidences relevant to the condition of living and taking care of the child, or inspecting the working of a Child Welfare Organization, and to have the power to search such places in order to find or to bring the child back, but such search may be carried out only when permit is obtained from the Director-General or the provincial governor produced to the owner or the person in charge of the place to be searched.

If the Director-General or the provincial governor conducts the search himself, search permit is not necessary.

            (2) To order, in writing, the parents, the guardian, the applicant or the staff of a Child Welfare Organization, as well as other persons concerned to come to give statements or to furnish necessary documents or evidences or to bring along the child or to return the child.

Section 17. In performing his duties, the competent official shall be an officer under the Penal Code.

Section 18. No person shall take or send any child out of the kingdom for the purpose of arranging its adoption, directly or indirectly, unless with a permit from the Minister in accordance with the principles, procedures and conditions stipulated in Ministerial Regulations.

Section 19. An adoption of a child shall be subject to a probationary placement and ­must have received approval in accordance with the provisions of this Act.

The requirement for a probationary placement of a child mentioned in paragraph one shall not apply to cases where the applicant is a blood brother or sister half-blood brother or sister, great grandfather or great grandmother grandfather, grandmother, uncle, aunt, or lawful guardian of the child to be adopted.

Section 20. Any person wishing to apply for adoption of a child shall submit his application, together with a statement of consent from the person who has the power to give consent to the adoption according to law, in accordance with the principles, procedures and conditions stipulated in Ministerial Regulations.

In case the applicant has domicile in Bangkok Metropolis or in foreign country, he shall submit his application to the Director-General. For other provinces, applications are to be submitted to the provincial governor.

Section 21. After receiving an application for the adoption of a child, the competent official shall investigate the qualifications and facts concerning the condition of living and the suitability of the applicant, the person having the power to give consent to the adoption, and the child to be adopted.

Section 22. After the Director-General or the provincial governor, as the case may be, has considered the report of Investigation of the qualifications and facts or documents pertaining to the facts stated in Section 20 and Section 21, he shall give decision as to whether the applicant should be permitted to receive in custody of the child for a probationary placement.

If the Director-General or the provincial governor orders that probationary placement of a child should not be permitted, the applicant may appeal against such order by lodging his appeal with the court within sixty days from the date of receipt of the order. The order of the court of first instance shall be final.

Section 23. When the Director-General or the provincial governor orders for a probationary placement of the child, the applicant may then receive the child in his custody.

The period of probationary placement shall be not less than six months.

The principles, procedures and conditions for the probationary placement of a child shall be as prescribed in Ministerial Regulations.

Section 24. During the probationary placement of a child, if the applicant withdraws his application for adoption of the child he shall return the child to the person who has the power to give consent to the adoption or to the competent official.

The return of the child stated in paragraph one must be made without delay. The Director-General or the provincial governor, as the case may be, shall order the applicant in writing to return the child within a fixed period by taking into consideration the distance, convenience in returning the child, and the welfare of the child.

Section 25. During the probationary placement of a child, the father or mother, whether or not he or she is the person to give consent, may request for cancellation of the application for adoption of the child by submitting an application to the Director-General or the provincial governor, as the case may be, If the Director-General or the provincial governor orders for cancellation of the application for the adoption of the child, the applicant shall return the child to its parent who requests for the cancellation, and the provisions of Section 24, paragraph two, shall apply.

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