After Abolition of Household Registration Book from January 01, 2023, What Documents Should be Used for Registering Practical Child Adoption?

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Regulations on the registration of de facto adoption?

According to the provisions of Article 23 of Decree 19/2011/ND-CP stipulating

Registration of de facto adoption

1. The adoption that has occurred in reality between Vietnamese citizens with each other, but has not been registered before January 01, 2011, if it meets the conditions stipulated in Clause 1, Article 50 of the Law on Adoption, it shall be registered from January 01, 2011, to December 31, 2015, at the commune-level People’s Committee, where the adoptive parents and the adopted child reside.

2. The provisions of Clause 1 of this Article shall also apply to cases where Vietnamese citizens residing in border areas adopt children from neighboring countries residing in the border areas of neighboring countries before January 01, 2011, but have not been registered with the competent state agency.

After eliminating household registers from January 01, 2023, what documents are used to register de facto adoption? (Image from the Internet)

Conditions and procedures for adoption registration currently?

According to current regulations, to adopt a child, the adopter must meet the following conditions:

- Have full civil act capacity;

- Be 20 years or older than the adopted child;

- Have health conditions, economic conditions, and accommodation ensuring the care, upbringing, and education of the adopted child;

- Have good moral character.

Additionally, the following individuals are not eligible to adopt a child:

- Those who have certain parental rights restricted over minor children;

- Those currently abiding by decisions on administrative handling at educational institutions or medical establishments;

- Those serving a prison sentence;

- Those who have not had their criminal records expunged for crimes of intentionally infringing on the life, health, dignity, and honor of others; abusing or maltreating grandparents, parents, spouses, children, grandchildren, or caregivers; enticing, coercing, or sheltering minors who break the law; trading, swapping, or appropriating children.

The procedure for adoption registration is stipulated in Article 22 of the Law on Adoption 2010 as follows:

Adoption Registration

1. When it is deemed that the prospective adoptive parent and the introduced child to be adopted meet the conditions stipulated by this Law, the commune-level People’s Committee shall organize adoption registration, issue an Adoption Certificate to the adoptive parents, biological parents, or guardians, or representatives of the nurturing organization, arrange the handover of the adopted child, and record it in the civil status book within 20 days from the date of agreement by the persons stipulated in Article 21 of this Law.

2. If the commune-level People’s Committee refuses to register the adoption, it must provide a written explanation to the prospective adoptive parent, biological parents, or guardians, or representatives of the nurturing organization, stating the reasons within 10 days from the date of agreement by the persons stipulated in Article 21 of this Law.

3. The Adoption Certificate is sent to the commune-level People’s Committee where the prospective adoptive parent or the adopted child resides.

After eliminating household registers from January 01, 2023, what documents are used to register de facto adoption?

According to current regulations in Article 24 of Decree 19/2011/ND-CPP, the application for de facto adoption registration is stipulated as follows:

Application for de facto adoption registration

1. The adopter must fill out a form for de facto adoption registration and submit it to the commune-level People’s Committee, where they reside. The form must clearly state the date, month, and year the de facto adoption relationship arose, and be signed by at least two witnesses.

2. The application must include the following documents:

a) A copy of the Identity Card and household register of the adopter;

b) A copy of the Identity Card or Birth Certificate of the adoptee;

c) A copy of the Marriage Certificate of the adopter, if any;

d) Other documents and materials to prove the adoption relationship, if any.

According to the new regulations in Decree 104/2022/ND-CP, effective from January 01, 2023, as follows:

Amending and supplementing Points a and b, Clause 2, Article 24 of Decree 19/2011/ND-CP as follows:

a) A copy of one of the following documents: Citizen Identity Card, Identity Card, Confirmation of residence information, Notice of personal identification number, and citizen information in the National Population Database of the adopter;

b) A copy of one of the following documents: Birth Certificate, Citizen Identity Card, Identity Card, Confirmation of residence information, Notice of personal identification number, and citizen information in the National Population Database of the adoptee;

Thus, after eliminating the household register, it is replaced in the application for de facto adoption registration with a copy of the Citizen Identity Card, Confirmation of residence information, Notice of personal identification number, and citizen information in the National Population Database of the adopter.