Discussion on Article 25 of the Law on Adoption 2010 of Vietnam

Specifically, according to Article 25 of the Law on Adoption 2010, an adoption may be terminated in the following cases:

1. The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;

2. The adopted child is convicted of any of the following crimes: intentionally infringing upon the lives, health, dignity and honor of the adoptive parents; maltreating and persecuting the adoptive parents and dissipating the adoptive parents' property;

3. The adoptive parents are convicted of intentionally infringing upon the lives, health, dignity and honor of the adopted child; or maltreating and persecuting the adopted child;

4. Violating the provisions of Article 13 of this Law.

Thus, according to this provision, the termination of the adoptive relationship must meet one of the four conditions mentioned. Among them, the condition specified in paragraph 1 is noteworthy.

In reality, there are many cases where the request to terminate the adoptive relationship falls under the condition specified in paragraph 1 of Article 25, and in most of these cases, the biological parents, adoptive parents, and the adopted individual all have a unanimous agreement to terminate the adoptive relationship. However, at the time of the request, the adopted individual is still a minor (according to the provisions of the Civil Code, an individual is considered an adult from the age of eighteen onwards). Meanwhile, the termination of the adoptive relationship is the desire of all parties involved and brings positive impacts for the adopted individual.

Example: The adoptive parents may no longer have the ability to provide care, including education, for the adopted individual. The purpose of terminating the adoptive relationship is to provide the adopted individual with a better life and a better educational environment.

However, due to the adopted individual being a minor, most courts reject or encourage the parties to withdraw the request. This is not in line with practicality and directly affects the legitimate rights and interests of the adopted individual.

Based on these reasons, from a personal standpoint, the provision in paragraph 1 of Article 25 should be amended or supplemented to be more practical in order to better ensure the rights and legitimate interests of all parties involved in the termination of the adoptive relationship./.

Source: Ta Ba Nhin - Phong Dien District People's Procuracy

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