Procedures for foreigners to adopt children in Vietnam
Adoption procedures with foreign elements strictly regulated in the Law on Adoption. In order to make the process easier, people need to understand the regulations on procedures as well as important notes attached. LSX Lawfirm will give you an article about: “Procedures for foreigners to adopt children in Vietnam”, as follows:
Legal grounds
Adoption Law 2010
In case of child adoption involving foreign elements in Vietnam
Article 28 of the Law on Adoption stipulates cases of adoption involving foreign elements, including:
- So, Vietnamese people residing abroad;
- So, Foreigners permanently residing in the same country as a party to an international treaty on adoption with Vietnam adopt Vietnamese children.
Overseas Vietnamese and foreigners permanently residing abroad may adopt children by name in the following cases:
- The stepfather or stepmother of the person adopted;
- Being the aunt, uncle, aunt, uncle or aunt of the adopted person;
- So, having adopted children who are siblings of the adopted children;
- Adopt children with disabilities, HIV/AIDS or other dangerous diseases;
- Being a foreigner who is working or studying in Vietnam for at least 01 year.
- Vietnamese citizens permanently residing in the country adopt foreign children.
- So, foreigners permanently residing in Vietnam adopt children in Vietnam.
You can also refer to the article related to Dossier for adoption under Vietnamese Law or Regulations on conditions for adoption under Vietnamese
Conditions for adopters in Vietnam
Conditions for an adopter specified in Article 29 of the Law on Adoption include the following conditions:
So, Overseas Vietnamese and foreigners permanently residing abroad who adopt Vietnamese people must fully satisfy the conditions prescribed by the law of the country where such person permanently resides and as prescribed in Article 14 of this Law. this.
Vietnamese citizens adopting a foreigner must fully satisfy the conditions prescribed in Article 14 of this Law and the law of the country where the adopted person permanently resides.
Accordingly, in case a foreigner permanently residing in Vietnam adopts a Vietnamese person, according to Article 14 of the Law on Adoption, the following conditions met:
- 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.
Related questions
Pursuant to the 2010 Law on Adoption:
The adoption approved by the biological parents of the person being adopted…; In case of adopting a child aged full 9 years or older, the consent of that child is still required.
An adopted child is another person’s child but adopted as a child by one or two persons who are husband and wife; and considered as biological children (not directly related by blood to the adoptive parents; and not carrying the genetics of the adoptive parents). Adoption aims to establish a long-term parent-child relationship; lasting, etc.
According to the provisions of Clause 3, Article 9 of Decree 19/2011/ND-CP guiding the Law on Adoption
“In case the people involved are not fully aware and do not understand the issues being consulted; or affected; affected by psychological factors; Health has agreed to the adoption of children and then wants to change his mind; within 15 days from the date of consultation; The concerned persons must notify in writing the People’s Committee of the commune where the adoption dossier is being handled. At the end of this time limit, the concerned persons must not change their mind about the adoption of children.
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