Chinese Adopting Thai Citizens: Inheritance Rights and Hidden Legal Challenges

In today’s borderless world, cross-national relationships have become increasingly common — whether in marriage, business partnerships, or even adoption. But what happens when a Chinese citizen wishes to adopt a Thai national? Can it legally be done? And if the adoptive parent later passes away, does the Thai adoptee have any legal right to inheritance?

Today, Wongsakorn Law Office dives deep into these pressing questions, unpacking the relevant legal frameworks in both Thailand and China, with exclusive insights from family law experts.

🔹 1. Can a Chinese National Adopt a Thai Citizen?

The answer is “yes”, but it comes with strict and complex legal requirements due to the cross-border nature of the case. The adoption must be recognized and processed in accordance with the laws of both Thailand and China.

▶️ In Thailand:

According to the Adoption Act B.E. 2522 (1979) and Sections 1598/19 to 1598/41 of the Thai Civil and Commercial Code, the adoption process must go through the Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security.

Key requirements include:

• The adoptive parent must be at least 25 years old, and at least 15 years older than the adoptee.
  
• Proof of sufficient income and ability to care for the child must be provided.
  
• In the case of foreign nationals, thorough background checks and assessments are conducted.
  
• The adoption must be officially registered at a district office or local authority (amphur) to be legally valid.
  

▶️ In China:

Under the Adoption Law of the People’s Republic of China (1991, revised 1998), the following conditions apply:

• The adoptive parent must be at least 30 years old.
  
• Generally, they must have no biological children, or if they do, they must provide clear justification for the adoption.
  
• The adoption must be registered with the local Civil Affairs Bureau.
  

For international adoptions involving a foreign national (such as a Thai citizen), the case may require approval from a higher-level ministry or be processed under a bilateral treaty or international agreement.

🔹 2. Does an Adopted Child Have Inheritance Rights?

If the adoption is legally recognized in both Thailand and China, the adopted child is entitled to inheritance rights equal to those of a biological child, including assets located in either country.

▶️ Relevant Thai Law:

According to Section 1627 of the Thai Civil and Commercial Code:

“An adopted child shall be a statutory heir in the same class as a legitimate child.”

This means that once the adoption is legally registered in Thailand, the adopted child has the same legal standing as a biological child when it comes to inheritance, whether or not there is a will.

▶️ Relevant Chinese Law:

Under the Civil Code of the People’s Republic of China, Book VI – Inheritance Law (2021):

“A legally registered adopted child shall enjoy inheritance rights on par with a biological child.”

As long as the adoption has been properly registered and recognized by the relevant Civil Affairs Bureau, the adopted individual has full legal status to claim inheritance in China.

However, inheritance rights depend heavily on proper legal registration. If there are discrepancies in documentation, or if the adoption was not formally recognized by one of the countries involved, the adopted child may be disqualified from inheritance.This is why cross-border legal compliance is critical, especially in international adoptions involving assets or family rights across two jurisdictions.

🔹 3. Challenges of Cross-Border Adoption

While cross-border adoption is legally possible, the practical process is often complicated and filled with challenges, including:

• Legal discrepancies between Thai and Chinese systems
  
• Language barriers and the need for certified translations of legal documents
  
• Lengthy and strict background checks required by both countries
  
• Bureaucratic hurdles in international registration, with the risk that one country may refuse to recognize documents from the other
  

In such complex cases, lacking the guidance of a legal expert — particularly someone well-versed in international family law and inheritance law — could result in legal gaps that render the adoption ineffective or unenforceable.

🔹 4. Don’t underestimate a lawyer — they can make complex issues much easier to handle.

International adoptions — especially between citizens of two different nationalities such as Chinese and Thai — involve multiple layers of legal systems, cross-border regulations, and document authentication. Lawyers who specialize in this area play an essential role at every stage.

✅ How Lawyers Can Help:

• Provide legal advice in both jurisdictions (Thailand and China)
  
• Translate and certify documents, ensuring legal standards are met
  
• Verify adoption registration to protect future rights, including inheritance
  
• Coordinate with government agencies, including Thailand’s Department of Children and Youth, the Ministry of Foreign Affairs, and the Chinese Embassy
  
• Handle inheritance cases in court, in the event of the adoptive parent’s death

Cross-border adoption isn’t impossible, but it does require deep legal knowledge and cross-agency cooperation. When done correctly, even adopted children of different nationalities can be fully recognized — both within the family and under the law.”

In complicated cases like this, many believe they can handle the process themselves — but even a single missed step can cause the adopted child to lose their legal rights forever. 

Wongsakorn Law Office is highly experienced in family and inheritance law.
Our team — including both attorneys and legal assistants — is well-versed in handling a wide variety of family and estate-related cases, each with its own unique circumstances. Whether your case involves adoption, succession, or inheritance disputes, you can trust us to manage it with professionalism and care.

We also provide legal consultation for consumer protection cases, ensuring that your rights are upheld and that you receive the maximum benefit under the law.

👉 Contact us today to discuss your legal needs — we’re here to help.

Reference :  หลักเกณฑ์การรับบุตรบุญธรรม – Closelawyer

Written by : Wararat Wongpothisarn (Internship Student in Chinese Language)