Conditions for adoption with foreign elements in Vietnam. Authority to register for adoption. Adoption cases involving foreign elements. Consequences of Adoption. Let us learn about this topic with LSX Law firm below:
Law on Adoption 2010
Adopted person in Vietnam
Adopted person includes:
Firstly, Children under 16 years old.
Secondly, Persons from full 16 years old to under 18 years old if they fall into one of the following cases:
Being adopted by a stepfather or stepmother; or by uncles and aunts.
In addition, A person can only be adopted by a single person or of both husband and wife.
Finally, The State encourages the adoption of orphans, abandoned children, and children with other particular circumstances.
Authority to register for adoption in Vietnam
Authority to register for adoption includes:
Firstly, The People’s Committee of the province; where the person to be introduced for adoption permanently resides shall decide on the adoption.
Secondly, Departments of Justice of provinces and centrally-run cities register the adoption of children with foreign elements.
Lastly, Representative Missions of the Socialist Republic of Vietnam abroad register the adoption of Vietnamese citizens temporarily residing abroad.
Adoption cases involving foreign elements
a, Overseas Vietnamese and foreigners permanently residing in the same country are members of an international treaty on adoption with Vietnam adopt Vietnamese children.
b) Overseas Vietnamese and foreigners permanently residing abroad may adopt children by name in the following cases:
– Being the stepfather or stepmother of the adopted person;
– Being the aunt, uncle, aunt, uncle, or aunt of the adopted person;
– 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 years.
In addition to the above cases, the adopter must carry out the adoption procedure through referral.
c, Vietnamese citizens permanently residing in the country adopt foreign children.
d, Foreigners permanently residing in Vietnam adopt children in Vietnam.
Conditions for adoption with foreign elements in Vietnam
An 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 the following regulations:
– Having total civil act capacity;
– 20 years or older than adopted children;
– Having health, economic, and accommodation conditions to ensure the care, upbringing, and education of adopted children;
– Have good moral character.
b. Vietnamese citizens adopting foreigners must fully meet the conditions prescribed above and the country’s law where the adopted person permanently resides.
Consequences of Adoption
– From the date of handover and adoption, the adoptive parents and adopted children have full rights and obligations of parents and children; between the adopted child and other members of the adoptive parent’s family also have the rights and obligations towards each other under the law on marriage and family, the civil law and other relevant laws.
– Unless otherwise agreed between the natural parents and the adoptive parents, from the date of handover and adoption, the natural parents no longer have the rights and obligations to care for, nurture, support, represent at law, pay compensation often damage, manage and dispose of private property for the adopted child.
– At the request of the adoptive parents, the competent state agency shall decide to change the surname and name of the adopted child.
+ The change of surname and name of an adopted child aged 9 years or older must be approved by that person.
– Ethnicity of an adopted child being an abandoned child is determined according to the ethnicity of the adoptive father or mother.
Finally, hope this article about the procedures for birth registration for children with dual citizenship is helpful for you!
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.