Dossier of the adopter with foreign elements. Dossier of the adopted person with foreign elements. Let us learn about this topic with LSX Law firm below:
Dossier of the adopter with foreign elements: 02 sets
Submit to the Ministry of Justice through the central adoption agency of the country where the adopter permanently resides; in case of adoption by name, the adopter may directly submit the dossier to the Ministry of Justice. Documents include:
Firstly, An application for adoption;
Secondly, Copy of Passport or a valid substitute document;
Thirdly, A written permission to adopt a child in Vietnam;
Moreover, Psychological investigation, family;
Also Written certification of health status;
And Written certification of income and assets;
Furthermore, Judicial record card;
In addition, Written certification of marital status;
Lastly, Documents proving that the case is requested by the name specified in Clause 2, Article 28 of this Law.
The papers and documents specified at Points b, c, d, dd, e, g, and h are made, issued; or certified by a country’s competent authority where the adopter permanently resides and must be lawful. Consular legalization when used in Vietnam; except for exemption from consular legalization under international treaties to which the Socialist Republic of Vietnam is a signatory or on the principle of reciprocity.
Dossier of the adopted person with foreign elements: 3 sets
The biological parents or guardians make a profile of the person introduced for adoption living at home; the fostering establishment compiles a dossier of the child introduced for adoption living in the fostering establishment.
Filed at the Department of Justice where the person introduced for adoption permanently resides include:
Firstly, Birth certificate;
Secondly, A health certificate issued by a district-level health agency or higher;
Thirdly, Two full-body photos, looking straight ahead, taken within 6 months;
Besides, A written certification made by the People’s Committee; or the police station of the commune 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 has lost the civil act capacity for the person introduced for adoption; but the biological father or mother has lost the civil act capacity;
– Acceptance decisions for children in foster care
– Texts on remarkable characteristics, interests, and habits of children;
– Documents proving that the search for domestic surrogate families for children has been carried out but failed.
Procedures for adoption with foreign elements
The Department of Justice
– The Department of Justice is responsible for examining the dossier and collecting opinions from those who need to get opinions within 20 days from the date of receipt of a complete and valid dossier. The collection of opinions must be made in writing and signed or fingerprinted by the person receiving opinions.
– In case the abandoned child needs to be verified, the Department of Justice shall request the police of the province or centrally run city to verify it; The police agency shall verify and reply in writing within 30 days from the date of receipt of the request of the Department of Justice.
Settlement time
– After checking and verifying if the child is eligible for foreign adoption; the Department of Justice shall certify it and send it to the Ministry of Justice.
Additionally, after receiving the Ministry of Justice’s notice; the Department of Justice shall submit it to the provincial-level People’s Committee to decide on the child’s foreign adoption.
– Within 15 days after receiving the dossier submitted by the Department of Justice; the People’s Committee of the province shall decide to allow adopted child to abroad.
– Immediately after the decision on foreign adoption; issued by the People’s Committee of the province, the Department of Justice shall notify the adopter to come to Vietnam for adoption. The adopter must be present in Vietnam to directly adopt the child within 60 days from the date of receiving the notification of the Department of Justice.
– The Department of Justice registers the adoption. It organizes the hand over and adoption ceremony at the Department of Justice’s headquarters; in the presence of representatives of the Department of Justice, the adopted child, the adoptive parents; the representative of the Department of Justice. A fostering establishment for adopted children from a fostering establishment or natural parents and guardians of children for adopted children from a family.
The Ministry of Justice
Specifically, the Ministry of Justice sends the decision on the adopted child to abroad to the Ministry of Foreign Affairs to notify the overseas Vietnamese representative mission of the child being adopted to take measures to protect the children.
Additionally, the Ministry of Justice certifies that the adoption has been; handled under regulations if requested.
Besdides, every six months within 03 years, from the date of hand over and adoption, the adoptive parents are responsible for notifying the Ministry of Justice and the representative mission of Vietnam in the country where the adopted child permanently resides about the health status of the adopted child. Health, physical, mental, integration of adopted children with adoptive parents, family, and community.
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Related questions
Firstly, the birth registration for children born in Vietnam, whose parents are foreigners, shall be at the Department of Justice; where the father or mother resides, if they so request.
Secondly, the birth registration for children born in Vietnam; whose parents are foreigners, and the other is Vietnamese citizens residing abroad, shall be at the Department of Justice, where the mother’s residence.
Finally, the birth registration for children born in Vietnam; whose parents are foreigners and the other is a Vietnamese citizen residing in Vietnam; shall be at the Department of Justice, the residence of the mother or father who is a Vietnamese citizen.
An adopted child is a person who is looked after, cared for, raised and educated by his adoptive parents in accordance with law.
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