Can individuals over 18 years old be adopted in Vietnam? Which entities are not eligible to adopt a child?

Can individuals over 18 years old be adopted in Vietnam?

According to Article 8 of the Law on Adoption 2010, the individuals who may be adopted are specified as follows:

Article 8. Individuals eligible for adoption

1. Children under 16 years of age

2. Individuals from 16 years to under 18 years of age in the following cases:

a) Adopted by a stepfather or stepmother;

b) Adopted by a paternal or maternal aunt, uncle, or cousin.

3. An individual can only be adopted by a single person or a married couple.

4.The State encourages the adoption of orphans, abandoned children, and other children with special circumstances.

Those eligible for adoption are individuals under 18 years old. Individuals from 16 to under 18 years of age can be adopted in the following cases:

- Adopted by a stepfather or stepmother

- Adopted by a paternal or maternal aunt, uncle, or cousin

Thus, individuals over 18 years old cannot be adopted.

Can individuals over 18 years old be adopted in Vietnam? Which entities are not eligible to adopt a child?​ (Image from the Internet)

Which entities are not eligible to adopt a child in Vietnam?​

According to Article 14 of the Law on Adoption 2010 on the conditions on adopting persons

Article 14. Conditions on adopting persons

1. Adoptive parents must meet the following conditions:

a) Fully capable of civil acts;

b) At least 20 years older than the adoptee;

c) Have health, financial, and residential conditions ensuring the care, nurturing, and education of the adoptee;

d) Possess good moral character.

2. The following individuals are not allowed to adopt:

a) Under certain restrictions regarding parental rights towards minors;

b) Currently undergoing administrative handling at educational or medical institutions;

c) Serving a prison sentence;

d) Not having their criminal record cleared for intentional offenses against another's life, health, dignity, honor; mistreatment or abuse of grandparents, parents, spouses, children, grandchildren, or caregivers; enticement, coercion or harboring a juvenile law violator; trafficking, swapping, or seizing children.

3. In the case of a stepfather or stepmother adopting the biological child of their spouse, or a paternal or maternal aunt, uncle, or cousin adopting a child, the conditions specified in points b and c, clause 1 of this article do not apply.

Thus, the following individuals are prohibited from adopting:

- Under certain restrictions regarding parental rights towards minors

- Currently undergoing administrative handling at educational or medical institutions

- Serving a prison sentence

- Not having their criminal record cleared for intentional offenses against another's life, health, dignity, or honor

- Mistreatment or abuse of grandparents, parents, spouses, children, grandchildren, or caregivers

- Enticement, coercion, or harboring a juvenile law violator

- Trafficking, swapping, or seizing children

Whose consent is required for adoption?

According to Article 21 of the Law on Adoption 2010, the consent required for adoption is specified as follows:

Article 21. Consent for adoption

1. Adoption must have the consent of the biological parents of the adoptee; if a biological parent is deceased, missing, incapacitated, or undetermined, the consent of the other parent is required; if both biological parents are deceased, missing, incapacitated, or undetermined, the guardian’s consent is required; if adopting a child from 09 years of age or older, the child's consent is also required.

2. Individuals who consent to an adoption as specified in clause 1 of this article must be fully informed by the commune-level People's Committee where the application is received about the purposes of adoption; rights and obligations between adoptive parents and adoptee; rights and obligations between biological parents and the child after the child is adopted.

3. Consent must be completely voluntary, honest, without coercion, threat, or bribery, without profit motive, and not accompanied by requirements for payment or other material benefits.

4. Biological parents can only consent to adoption after the child has been born for at least 15 days.

Adoption must have the consent of the biological parents of the adoptee.

If a biological parent is deceased, missing, incapacitated, or undetermined, the consent of the other parent is required.

If both biological parents are deceased, missing, incapacitated, or undetermined, the guardian's consent is required.

If adopting a child from 09 years of age or older, the child's consent is also required.