Vietnam: Are persons aged over 18 years allowed to be adopted according to current law?
Are persons aged over 18 years allowed to be adopted according to current law?
Pursuant to Article 8 of the 2010 Law on Adoption in Vietnam stipulating persons allowed to be adopted as follows:
Persons allowed to be adopted
1. Children under 16 years.
2. Persons aged between full 16 years and under 18 years falling into either of the following cases:
a/ To be adopted by the step father or step mother;
b/ To be adopted by a natural aunt or uncle.
3. A person may be adopted by only one single person or two persons being husband and wife.
4. The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.
Thus, according to the above regulations, the maximum age of the person allowed to be adopted is under 18 years old. Therefore, persons aged over 18 years are not subject to adoption according to current regulations.
Vietnam: Are persons aged over 18 years allowed to be adopted according to current law?
What are the conditions on adopting persons?
Pursuant to the provisions of Article 14 of the 2010 Law on Adoption in Vietnam, an adopting person must fully satisfy the following conditions:
- Having full civil act capacity;
- Being 20 years or more older than the adopted person;
- Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
- Having good ethical qualities.
In case the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin, then the conditions being 20 years or more older than the adopted person; having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child will not apply.
At the same time, the following persons may not adopt a child:
- Having some of the parental rights over a minor child restricted:
- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
- Currently serving an imprisonment penalty:
- Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
What are the consequences of adoption according to current regulations?
According to the provisions of Article 24 of the 2010 Law on Adoption in Vietnam, the consequences of adoption are as follows:
Consequences of adoption
1. From the date of delivery and receipt of an adopted child, the adoptive parents and adopted child will have all the rights and obligations between parents and child; and the adopted child and other members of the adoptive parents family will also have the rights and obligations between them under the law on marriage and family, the civil law and other relevant laws.
2. At the request of adoptive parents, competent state agencies shall decide on the change of the full names of adopted children.
Change of the full names of an adopted child aged 9 or more years must be consented to by such child.
3. The nationality of an adopted abandoned child shall be determined according to the nationality of the adoptive parents.
4. Unless otherwise agreed upon between the natural and adoptive parents, from the date of delivery and receipt of the adopted child, the natural parents no longer have the rights and obligations to care for nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted.
Thus, the consequences of adoption include:
- From the date of delivery and receipt of an adopted child, the adoptive parents and adopted child will have all the rights and obligations between parents and child; and the adopted child and other members of the adoptive parents family will also have the rights and obligations between them under the law on marriage and family, the civil law and other relevant laws.
- At the request of adoptive parents, competent state agencies shall decide on the change of the full names of adopted children.
Change of the full names of an adopted child aged 9 or more years must be consented to by such child.
- The nationality of an adopted abandoned child shall be determined according to the nationality of the adoptive parents.
- From the date of delivery and receipt of the adopted child, the natural parents no longer have the rights and obligations to care for nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted. (unless otherwise agreed upon between the natural and adoptive parents)
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