Currently, the state encourages the adoption of orphans; abandoned children and children with other special circumstances. However, because children adoption are a sensitive issue; as well as the desire to send children to places with good conditions, the regulations on adoption are quite strict; especially for children with foreigners coming to Vietnam to adopt children. With the desire to support the best service for individuals and organizations in the country as well as internationally; LSX Law Firm guides in detail the adoption procedures for foreigners in Viet Nam as follows.
Law on Adoption 2010
Decree 19/2011/ND-CP detailing the implementation of a number of articles of the Law on Adoption.
Conditions for adopters
A foreigner is understood as a person without Vietnamese nationality or a stateless person who is allowed to adopt a child in Vietnam; in some of the following cases:
Permanently residing in the same country which is a member of an international treaty on adoption with each other.
Vietnam adopts Vietnamese children; foreigners permanently residing abroad may adopt children by name (stepfather, stepmother, aunt, uncle, uncle of the adopted person,…); Foreigners permanently residing in Vietnam adopt children in Vietnam.
Have full civil act capacity; have good moral character; 20 years or older than adopted children, having health, economic, and accommodation conditions to ensure the care, upbringing and education of adopted children.
In addition, not to be restricted in a number of rights of parents towards minor children; or are serving decisions on administrative handling at educational institutions or medical treatment establishments; or is serving a prison sentence. Besides, the criminal record has not been expunged for one of the crimes of intentionally infringing upon the life, health, dignity and honor of others, mistreating or abusing grandparents, parents, spouses, children, grandchildren, people who have merits to raise them, seducing, coercing or harboring minors to violate the law, buying, selling, exchanging and appropriating children.
Conditions for the person being adopted
– Children under 16 years old.
– Persons from full 16 years old to under 18 years old if they fall into one of the following cases:
- Being adopted by their stepfather; or stepmother;
- Being adopted by aunts; uncles; aunts; uncles; and uncles.
– A person can only be adopted by a single person; or by both people who are husband and wife.
– The State encourages the adoption of orphans, abandoned children and children with other special circumstances.
Dossier for adoption
- Application for adoption;
- Copy of Passport or alternative valid document;
- Written permission to adopt a child in Vietnam;
- Psychological survey, family;
- Written confirmation of health status;
- Written confirmation of income and assets;
- Judicial record card (issued less than 12 months up to the date of filing at the Department of Adoption);
- Written confirmation of marital status;
Adoption procedures for foreigners
Submit the application
Firstly, the person adopting the child directly submits the application at the Department of Adoption.
In case there is a legitimate reason that they cannot directly submit the application at the Department of Adoption, the adopter shall authorize in writing a relative or relative who permanently resides in Vietnam to submit the application at the Department of Child Adoption adopt or send the dossier to the Department of Adoption by post in the form of registered mail.
Examine the dossier
Then, the Department of Justice is responsible for examining the dossier and collecting opinions from the prescribed persons. When deeming that the adopter and the person being introduced for adoption fully meet the conditions prescribed by this Law the Department of Justice shall submit it to the provincial-level People’s Committee for consideration and decision.
Time limit for settlement
Within 15 days after receiving the dossier submitted by the Department of Justice; the People’s Committee of the province shall decide to adopt the foreigner permanently residing in Vietnam. In case of refusal the adopter must reply in writing and clearly state the reasons therefor.
Afterwards, the decision of the People’s Committee of the province is issue the Department of Justice registers the adoption in accordance with the law on civil status registration organizes the child hand over and adoption ceremony at the headquarters of the Department of Justice with the support of the Ministry of Justice.
Besides, the presence of representatives of the Department of Justice, the person being adopted, the adoptive parents, the representative of the fostering establishment for children to be adopted or the natural parents or guardians of the child being adopted from the fostering establishment with the person to be adopted from the family and send the decision to the commune-level People’s Committee of the place where the adopter permanently resides.
In addition, if the adopter does not come to adopt the child without a plausible reason the People’s Committee of the province shall cancel the decision on the adoption of the foreigner permanently residing in Vietnam.
Place of application for adoption: Department of Child Adoption under the Ministry of Justice.
Upon the expiry of the above-mentioned time limit if the adoptive party does not come to adopt the child, the provincial-level People’s Committee shall cancel the decision to allow to adopt children abroad.
Within 60 days, the adopter have to present in Vietnam to directly adopt the child. In case a husband and wife apply for a child, and one of them cannot present at the adoption ceremony for objective reasons, an authorization must be obtained for the other person.