Can I get my family name back when I terminate adoption in Vietnam? When can adopted children terminate adoption in Vietnam?

Can I get my family name back when I terminate adoption in Vietnam?

Pursuant to Article 27 of the 2010 Adoption Law, the consequences of terminating an adoption are as follows:

1. 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.

2. 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.

3. In case the adopted person is assigned to his/her natural parents, the rights and obligations of the natural parents which have terminated under Clause 4, Article 24 of this Law will be restored.

4. 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.

5. The adopted person has the right to restore his/her name as before adoption.

The right to change family names is stipulated in Article 27 of the 2015 Civil Code as follows:

1. An individual has the right to request a competent authority to recognize a change of a family name in any of the following cases:

a) Changing the family name of a natural child from biological father’s to biological mother's or vice versa;

b) Changing the family name of an adopted child from biological father’s or mother’s to adoptive father's or mother’s at the request of the adoptive parents;

c) If a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the family name which is given by the biological father or mother;

d) Changing the family name of a person whose biological parents have been identified upon the request on that father or mother or such person;

dd) Changing the family name of a lost person who has discovered the origin of his/her bloodline;

e) Changing the family name of a person to his/her spouse’s in the marriage and family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen or retrieves his/her family name before the change;

g) Changing the family names of children upon the change of family names of their father’s or mother’s;

h) Other cases prescribed in by law on civil status affairs.

2. The changing of the family name of a person who is nine years of age or older shall be subject to the consent of such person.

3. The changing of a family name shall not change or terminate the civil rights and obligations which were established in the former family name.

Thus, according to current regulations compared to the case you mentioned, when your adoptive parents have been convicted of abusing you, from the moment the judgment is issued, you have terminated adoption and you can change your family name.

Can I get my family name back when I terminate adoption in Vietnam? When can adopted children terminate adoption in Vietnam? (Image from the Internet)

When can adopted children terminate adoption in Vietnam?

Pursuant to Article 25 of the 2010 Adoption Law, it stipulates grounds for termination of adoption as follows:

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.

According to this Article, adopted children can request termination of adoption when parents commit acts of intentionally infringing upon the lives, health, dignity and honor of the adopted child; or maltreating and persecuting an adopted child or an adult adopted child and the adoptive parents voluntarily terminate the adoption in Vietnam.

Best regards!