Law on Adoption 2010 of Vietnam: Issues related to the termination of adoption

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

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

- 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;

- 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;

- Violating the provisions of Article 13 of this Law.

Consequences of the termination of adoption are as follows:

Firstly, the rights and obligations between the adoptive parents and adopted child terminate on the date the court decision to terminate the adoption takes legal effect.

Secondly, in case the adopted person is a minor or an adult who has lost civil act capacity and working capacity, the court shall decide to assign him/her to his/her natural parents or another organization or individual for care, nurture and education in the best interests of such person.

Thirdly, in case the adopted person is assigned to his/her natural parents, the rights and obligations of the natural parents which have terminated under Clause 4, Article 24 of this Law will be restored.

Fourthly, in case the adopted person has personal property, he/she will be entitled to receive back such property; if the adopted person has contributed to the common property of the adoptive parents, he/she will be entitled to part of such property in proportion to his/her contribution as agreed upon with the adoptive parents: if no agreement can be reached, this may be brought to a court for settlement.

Fifthly, the adopted person has the right to restore his/her name as before adoption.

This is the content specified in Article 27 of the Law on Adoption 2010.

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