Can aunts adopt their nephew when the age gap is less than 20 years in Vietnam? Can I adopt a relative's child in Vietnam?
Can aunts adopt their nephew when the age gap is less than 20 years in Vietnam? Can adopted children adopt the biological grandchild of their adoptive parents in Vietnam? Can I adopt a relative's child in Vietnam?
Can aunts adopt their nephew when the age gap is less than 20 years in Vietnam?
May I ask if my baby was born in 2012 and his aunt was born in 1994 and has a family and a son who wants to adopt him? Because there is less than a 20 year age gap between the aunt and my child, what should I do? Please advise!
Reply:
According to Article 14 of the 2010 Adoption Law, it is stipulated:
Conditions on adopting persons
1. An adopting person must fully meet the following conditions:
a/ Having full civil act capacity;
b/ Being 20 years or more older than the adopted person;
c/ Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d/ Having good ethical qualities.
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.
3. In case the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin. Points b and c of this Article will not apply.
So, you need to clearly state whether the aunt-nephew relationship is biological or not? Only if you are a biological aunt can you be recognized by law and there is no need for an age difference in Vietnam.
Can adopted children adopt the biological grandchild of their adoptive parents in Vietnam?
I was adopted by my adoptive parents. Now I have grown up and want to adopt my adoptive parents' grandchildren (all of whom are Vietnamese). Can I adopt a child at this case? Thanks for advice.
Reply:
Pursuant to Clause 1, Article 14 of the 2010 Adoption Law, it is stipulated:
Conditions on adopting persons
1. An adopting person must fully meet the following conditions:
a/ Having full civil act capacity;
b/ Being 20 years or more older than the adopted person;
c/ Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d/ Having good ethical qualities.
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.
Currently, the law does not prohibit adopted children from adopting their adoptive parents' grandchildren, so you can adopt your adoptive parents' grandchildren if they meet the adoption conditions as prescribed above in Vietnam.
Above is the consulting content.
Can I adopt a relative's child in Vietnam?
My brother and sister-in-law are about to give birth around February 2020. I want to adopt the baby, can I? What is procedure? I am single, is it possible? Look forward to receiving your feedback.
Reply:
In Article 14 of the 2010 Adoption Law, it is stipulated:
Conditions on adopting persons
1. An adopting person must fully meet the following conditions:
a/ Having full civil act capacity;
b/ Being 20 years or more older than the adopted person;
c/ Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d/ Having good ethical qualities.
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.
3. In case the step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin. Points b and c of this Article will not apply.
And in Article 8 of the 2010 Law on Adoption, there are regulations on persons allowed to be adopted, as follows:
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, you have right to adopt your grandchild even if you are not married in Vietnam. You can refer to the regulations on adoption procedures in the following article: Conditions and procedures for adopting children in 2019
Best Regards!
