Can an Adopted Child Request Termination of the Adoption?

  1. Can an adopted child request to terminate the adoption?
  2. Is it possible to register the request for adoption at the current place of residence?
  3. Does the Youth Union organization have the right to request the termination of adoption?

Can an Adopted Child Request the Termination of Adoption?

I was adopted and I am now 18 years old. Do I have the right to request the termination of my adoption with my adoptive parents? I look forward to your response.

Answer:

Based on Article 26 of the 2010 Law on Adoption, the organizations and individuals who have the right to request the termination of adoption include but are not limited to the following:

- Adoptive parents.

- Adult adopted children.

- Biological parents or the guardian of the adopted child.

- Authorities and organizations listed below have the right to request the termination of adoption when there are grounds specified in Clauses 2, 3, and 4 of Article 25 of this Law:

+ Department of Labor, War Invalids and Social Affairs;

+ Women's Union.

Thus, according to the above regulation, adult adopted children have the right to request the termination of adoption. In your case, as you are an adult, you have the right to request the termination of the adoption.

Can I Register My Adoption Need at My Current Residence?

Can I register my need for adoption at my current place of residence? Please advise.

Answer:

Article 16 of the 2010 Law on Adoption provides for the registration of adoption needs as follows:

Vietnamese citizens who wish to adopt and meet the conditions under this Law but have not yet found a child to adopt shall register their adoption needs with the Department of Justice in their place of permanent residence; if there is a child to be introduced for adoption, the Department of Justice shall introduce the person to the People's Committee of the commune where the child resides for consideration and resolution.

Therefore, Vietnamese citizens who wish to adopt and meet the conditions but have not yet found a child to adopt shall register their adoption needs with the Department of Justice in their place of permanent residence.

The current residence of the citizen may or may not be their permanent residence. If the current residence is the permanent residence, then the citizen can go to the Department of Justice there to register. In other words, a citizen cannot register their adoption need at a place different from where they are registered as a permanent resident.

Does the Youth Union Have the Right to Request the Termination of Adoption?

Please let me know which authorities and organizations currently have the right to request the termination of adoption, and whether the Youth Union has this right.

Answer:

Clause 4 Article 26 of the 2010 Law on Adoption provides:

The following authorities and organizations have the right to request the termination of adoption when there are grounds specified in Clauses 2, 3, and 4 of Article 25 of this Law:

a) Department of Labor, War Invalids, and Social Affairs;

b) Women's Union.

Therefore, when there are specified grounds, only the Department of Labor, War Invalids, and Social Affairs and the Women's Union have the right to request the termination of adoption. Other authorities or organizations, including the Youth Union, do not have this right.

Sincerely!

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