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Dossier for adoption under Vietnamese Law

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Accordingly, adoption is one of the most important issues that need to stay under the control of the State. Therefore, the dossier for adoption is vital. Let’s find out with LSX in this article!

  • 2015 Civil Law
  • 2010 Adoption Law

What is adoption?

Basically, adoption is a process in which one person assumes parenting responsibility for another person, usually a child, from that child’s biological or legal parent; and in doing so, transferred all rights and responsibilities, including filial piety, from the biological parents to the new person.

Conditions for adoption

Thus, current law stipulates that in order to be able to carry out the adoption procedure; the adopter and the person being adopted must satisfy the conditions prescribed by the law, specifically as follows:

In case of adoptees

Following Article 14 of the Law on Adoption 2010, an adopter must fully satisfy the following conditions:

  • Have full civil act capacity;
  • More than 20 years old or older;
  • Having health, economic and accommodation conditions to ensure the care, upbringing and education of adopted children;
  • Have good moral character.

Moreover, the adopter does not fall into one of the following cases:

  • Being restricted in a number of rights of parents towards minor children;
  • Currently serving decisions on administrative handling at educational institutions or medical treatment establishments;
  • Is serving a prison sentence;
  • The criminal record 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 contributed to raising them; seducing, forcing or harboring minors to violate the law; buying, selling, exchanging, appropriating children

In particular, in case a stepfather adopts his wife’s stepchild, a stepmother adopts a stepchild from her husband, or an aunt, uncle, uncle or aunt adopts a child; it does not need to meet the conditions for adoption. age and conditions in terms of health, economy, etc.

In case the adopter is a couple, both husband and wife must ensure the above conditions and must have written consent of both on the adoption.

In case of adopted

For adoption, the person must be a child under 16 years old. In special cases, an adopted person must be over 16 years old to under 18 years old if the adopter and the adopted person have a relationship:

  • Stepfather, stepmother with stepchildren
  • Aunt, uncle, aunt, uncle, uncle and nephew

At the same time, the adopted person can only be the adopted child of a single person or of a couple.

Dossier for adoption

In case of adoptees

Hence the regulation of law, the dossier for adoption will contain the following documents:

  • Application for adoption;
  • Copy of Passport, People’s Identity Card or a valid substitute document;
  • Judicial history card;
  • Written confirmation of marital status;
  • Health certificate issued by a district-level health agency or higher;
  • A written certification of family circumstances, accommodation and economic conditions, issued by the People’s Committee of the commune where the adopter permanently resides.

In case of people introduced for adoption

Hence the regulation of law, the dossier for adoption will contain the following documents:

  • Birth certificate;
  • Health certificate issued by a district-level health agency or higher;
  • Two full-body photos, looking straight ahead, taken within 6 months;
  • A written certification made by the People’s Committee or the commune-level police station where the abandoned child is discovered, for abandoned children; The death certificate of the biological father or mother or a decision of the Court declaring the biological father or mother of the child to be dead, for orphaned children; the court’s decision declaring the natural father or mother of the person introduced for adoption missing, for the person introduced for adoption, whose natural father or mother is missing; the court’s decision declaring that the biological father or mother of the person introduced for adoption loses the civil act capacity for the person introduced for adoption but the biological father or mother loses the capacity for civil acts;
  • Acceptance decisions for children in foster care.

Lastly, thank you for paying attention to our article on “Dossier for adoption under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Birth documents for children with dual citizenship:

Firstly, Declaration
Secondly. Birth certificate
Finally, A written agreement between parents on choosing a nationality for their child is Vietnamese nationality.

Birth registration procedures:

Specifically, The person going to register the birth shall submit a declaration according to the prescribed form and the birth certificate to the civil status registration agency. If there is no birth certificate, the witness’s document certifying the birth shall be submitted; if If there are no witnesses, there must be a birth certificate; in case of birth registration for an abandoned child, there must be a written certification of the abandonment; made by a competent agency; in case of birth registration for a child Children born through surrogacy must have documents proving the surrogacy under the law. 

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