In case the Director-General or the provincial governor deems that the application for cancellation of the application for the adoption of the child will be against the welfare of the child, or that the father or the mother who applies for the cancellation has been withdrawn of the guardianship by the court, the applicant shall continue to look after the child on probationary placement. The applicant in paragraph one may appeal against the order of the Director-General of the provincial governor by filing his appeal with the court within thirty days from the date of receipt of the order. The order of the court of first instance shall be final.
Section 26. During the probationary placement of a child if the competent official advises the Director-General or the provincial governor, as the case may be, that the applicant is not suitable to be authorized to adopt the child, when the Director-General or the provincial governor orders for cease of the placement of the child, the applicant shall return the child to the competent official, and the provisions of Section 24, paragraph two, shall apply.
The applicant may appeal against the order of the Director-General or the provincial governor in paragraph one by lodging his appeal with the court within thirty days form the date of receipt of the said order.
The order of the court of first instance in paragraph two shall be final.
Section 27. After the probationary placement of the child is complete and it appears that the applicant is suitable to adopt the child, and the Board approves of the adoption, registration of the adoption of the child shall be applied for in accordance with the law governing such.
For purposes of registration of adoption, the consent given by the person who has the power to give consent to the adoption as submitted under Section 20 shall be regarded as the consent to the registration.
Section 28. After the probationary placement of the child is complete, if it appears that the applicant is not suitable to adopt the child, und the Board dose not approve of the adoption, the Director-General or the provincial governor, as the case may be, shall order the applicant to return the child to the person who has the power to give consent to the adoption, or to the parents, or guardian or the competent official. In such case, the applicant must return the child, and the provision of Section. 24, paragraph two, shall apply.
The applicant may appeal against the order of the Board in paragraph one by filing his petition with the court within thirty days from the date of receipt of the order.
Pending court's proceedings, the applicant may request the court that the child remains under his care.
The order of the court of first instance in paragraphs two and three shall be final.
Section 29. When the Board approves of the adoption as mentioned in Section 27 or in case appeal against the order of the Board as stated in Section 28 is made, and the court has permitted the adoption of the child, if the applicant does not proceed with the registration of adoption of the child within six months from the date of receipt of the order of approval of the Board or from the date the court makes the order, it shall be regarded that he has waived his rights and shall therefor return the child to the person who has the power to give consent to the adoption or to the competent official, and the provisions of Section 24, paragraph two, shall apply.
Section 30. When an appeal against an order is made to the court under this Act, the court shall send a copy of petition to and inform the Director-General, the Board Chairman, or the provincial governor as the case may be, of the date fixed for hearing the case.
Section 31. The trial of a case and the reading of a court judgment concerning adoption of children under this Act shall be made in closed doors, and only the following persons are permitted to appear in the court room:
(1) Parents, guardian, or the person who has the power to give consent to the adoption, and lawyer;
(2) The applicant and lawyer;
(3) The person raising objection and lawyer;
(4) Court officers;
(5) The competent officials and the officers of the child welfare organization concerned;
(6) Witnesses, specialist, and interpreter;
(7) Persons summoned by the court to make factual statements and other persons as the court thinks fit.
If the court deems that any person should not remain in the court room during any part of the hearing, the court has the power to order all the persons or such person to go out of the court room.
Section 32. No person shall disseminate the picture, name or any statement which will lead other person to come to know the child to be adopted or the adopted child, the father or mother or guardian of the child to be adapted or the adopted child, or the person applying for or adopting the child, and publication of orders of the court under this Act is also prohibited, except where it is necessary for official purpose,
Section 33. proceeding under this Act shall be exempt from court fee.
Section 34. Any person who violates Section 6 or Section 18 shall be punished by imprisonment for a team of act more than three years or by a fine of not more than Baht thirty thousand or by both such imprisonment and fine.
Section 35. Whoever impedes or fails to afford convenience to the persons who perform duties under Section 16 (1) or fails to comply with the order given under Section 16 (2) shall be punished by imprisonment for a term of not more than three months or by a fine of not more than Baht three thousand or by both such imprisonment and fine,
Section 36. If an applicant for adoption of a child refuses to return the child in accordance with Section 24, Section 25, paragraph one, Section. 26, paragraph one, Section 28, paragraph one, and Section 29, he shall be punished by imprisonment for a term of sot more than six months or by a fine of not move more than Baht ten thousand or by both such imprisonment and fine.
Section 37. Whoever violates Section 32 shall be punished by imprisonment for a term of a term of not more than six months or by a fine of not more than Baht ten thousand or by both such imprisonment and fine.
Section 38. In case offender liable to punishment under this Act is a juristic person, its managing director, manager, or representative shall also ht liable to the punishment fixed by law for such offence, unless he can prove that he has taken no pan in the commission of such offence.
Section 39. The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to appoint competent officials and issue Ministerial Regulations for the execution of this Act.
Such Ministerial shall become effective upon publication in the Government Gazette.
Countersignature:
S. HOTRAKITYA
Deputy Prime Minister
(Reference Government Gazette, Volume 96, Part Special, 22 April B.E. 2522 (1979)
Department of Public Welfare
Bangkok, Thailand
25 June 1980.
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