Accordingly, adoption is a sensitive issue that strictly regulated. Thus, anyone that wishes to adopt a child, shall surpass the conditions of the law. So, what are the regulations on conditions for adoption under Vietnamese Law? Let’s find out with LSX!
- 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.
Lastly, thank you for paying attention to our article on “Regulations on conditions 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.
Secondly. Birth certificate
Finally, A written agreement between parents on choosing a nationality for their child is Vietnamese nationality.
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.
Accordingly, the domestic adoption registration fee is 400,000 VND.