When is adoption terminated? Who is entitled to request termination of adoption in Vietnam?
When is adoption terminated?
Pursuant to Article 25 of the 2010 Law on Adoption in Vietnam as follows:
Grounds for termination of adoption
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.
Referring to Article 13 of the 2010 Law on Adoption in Vietnam about prohibited acts as follows:
Prohibited acts
1. Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children.
2. Forging papers for adoption settlement.
3. Discriminating between natural and adopted children.
4. Taking advantage of adoption to violate the population law.
5. Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives.
6. Grandparents adopting their grandchildren or siblings adopting one another.
7. Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.
Thus, in combination with the above provisions, the adoption is 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 one of the following acts:
+ Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children.
+ Forging papers for adoption settlement.
+ Discriminating between natural and adopted children.
+ Taking advantage of adoption to violate the population law.
+ Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives.
+ Grandparents adopting their grandchildren or siblings adopting one another.
+ Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.
When is adoption terminated? Who is entitled to request termination of adoption in Vietnam?
Who is entitled to request termination of adoption in Vietnam?
Pursuant to the provisions of Article 26 of the 2010 Law on Adoption in Vietnam as follows:
Organizations and individuals entitled to request termination of adoption
1. Adoptive parents.
2. Grown-up adopted children.
3. Natural parents or guardians of adopted children.
4. The following agencies and organizations have the right to terminate an adoption when they obtain any of the grounds specified in Clauses 2, 3 and 4. Article 25 of this Law:
a/ Labor, war invalids and social affairs agencies;
b/ Women's unions.
Thus, the entities entitled to request termination of adoption include:
- Adoptive parent.
- Grown-up adopted children.
- Natural parents or guardians of adopted children.
- Labor, Invalids and Social Affairs agencies; Women's Union in the following cases:
+ 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 the 2010 Law on Adoption in Vietnam.
What are the consequences of termination of adoption in Vietnam?
Consequences of termination of adoption are specified in Article 27 of the 2010 Law on Adoption in Vietnam as follows:
- 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.
- 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.
- In case the adopted person is assigned to his/her natural parents, the rights and obligations of the natural parents which have terminated will be restored.
- 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.
- The adopted person has the right to restore his/her name as before adoption.
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