When is a foreigner permanently residing abroad allowed to adopt a child who is a Vietnamese person? What are the conditions for foreigners to adopt children in Vietnam?
In what cases are foreigners permanently residing abroad allowed to adopt specific children in Vietnam?
Pursuant to the provisions of Article 28 of the 2010 Law on Adoption in Vietnam on the cases of intercountry adoption as follows:
Cases of intercountry adoption
1. Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.
2. Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:
a/ He/she is the step father or step mother of the to-be-adopted child;
b/ He/she is the natural aunt or uncle of the to-be-adopted child;
c/ He/she has adopted a child who is a sibling of the to-be-adopted child;
d/ He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;
e/ He/she is a foreigner currently working or studying in Vietnam for at least 1 year;
3. Vietnamese citizens permanently residing in the country adopt a foreign child.
4. Foreigners permanently residing in Vietnam adopt a child in Vietnam.
Thus, according to Clause 2, Article 28 of the 2010 Law on Adoption in Vietnam, foreigners permanently residing abroad may adopt a specific child in the following cases:
- He/she is the step father or step mother of the to-be-adopted child;
- He/she is the natural aunt or uncle of the to-be-adopted child;
- He/she has adopted a child who is a sibling of the to-be-adopted child;
- He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;
- He/she is a foreigner currently working or studying in Vietnam for at least 1 year;
In particular, according to the content guided in Clause 1, Article 3 of Decree No. 19/2011/ND-CP as amended and supplemented by Clause 2, Article 1 of Decree No. 24/2019/ND-CP, disable, dangerous disease children are specific adopted include:
- Children with cleft lip and cleft palate;
- Children losing vision in one or two eyes;
- Deaf or dumb children;
- Children with limb deformities;
- Children with missing fingers, hands, foot (feet) or toes;
- Children infected with HIV;
- Children with heart diseases;
- Children with imperforate anus or without sexual organs;
- Children with blood diseases;
- Children with other disabilities or fatal diseases, all of whom need acute or lifelong care treatment.
When is a foreigner permanently residing abroad allowed to adopt a child who is a Vietnamese person? What are the conditions for foreigners to adopt children in Vietnam? (Image from the Internet)
What are the conditions for foreigners permanently residing abroad to adopt children in Vietnam?
Pursuant to the provisions of Article 29 of the 2010 Law on Adoption in Vietnam as follows:
Conditions on adopting persons
1. Overseas Vietnamese or foreigners permanently residing abroad who seek to adopt a Vietnamese must meet all conditions required by the law of the country in which they permanently reside and specified in Article 14 of this Law.
2. Vietnamese citizens who seek to adopt a foreigner must meet all conditions specified in Article 14 of this Law and required by the law of the country in which the to-be-adopted person permanently resides.
Thus, referring to the provisions of Article 14 of the 2010 Law on Adoption in Vietnam, the adoption conditions for foreigners permanently residing abroad include:
- Satisfy the conditions as prescribed by the law of the country where the person permanently resides;
- 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, the following conditions will not apply:
+ 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.
Who is not allowed to adopt children under current regulations?
Pursuant to the provisions of Clause 2, Article 14 of the 2010 Law on Adoption in Vietnam as follows:
Conditions for adopting persons
...
2. The following persons may not adopt a child:
a/ Having some of the parental rights over a minor child restricted:
b/ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c/ Currently serving an imprisonment penalty:
d/ 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.
Thus, according to regulations, 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.
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