Do people of the third gender have the right to adopt children in Vietnam?

Do people of the third gender have the right to adopt children in Vietnam?

Pursuant to Article 14 of the Law on Marriage and Family in 2010 stipulating conditions on adopting persons as follows:

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.

Based on the current regulations, the law does not prohibit people of the third gender from adopting children. If you meet the requirements as above, you will be allowed to adopt a child.

Do people of the third gender have the right to adopt children in Vietnam? - Source: Internet

When shall natural parents give consent to adoption of their child in Vietnam?

Pursuant to Article 21 of the Law on Marriage and Family in 2010 stipulating consent to adoption as follows:

1. Adoption must be consented to by the natural parents of the person to be adopted; if a natural parent is dead or missing or has lost civil act capacity or is unidentifiable, consent of the other must be obtained; if both natural parents are dead or missing or have lost civil act capacity or are unidentifiable, consent of the guardian must be obtained; for adopting a child aged full 9 years or older, his/her consent must be also obtained.

2. A person consenting to an adoption referred to in Clause 1 of this Article must be fully counseled by the commune-level People's Committee that has received the dossier on the adoption purpose; the rights and obligations between the adoptive parents and adopted child: and the rights and obligations between the natural parents and child after the child has been adopted.

3. Consent must be completely voluntary and honest, must not be compelled, intimidated or bribed and must not pursue personal profits and be accompanied by a request for a sum of money or other material benefits.

4. Natural parents may give consent to adoption of their child only when the child is at least 15 days old.

As regulations above, natural parents may give consent to adoption of their child only when the child is at least 15 days old.

What are regulations on consequences of adoption in Vietnam?

Pursuant to Article 24 of the Law on Marriage and Family in 2010 stipulating consequences of adoption in Vietnam as follows:

1. From the date of delivery and receipt of an adopted child, the adoptive parents and adopted child will have all the rights and obligations between parents and child; and the adopted child and other members of the adoptive parents family will also have the rights and obligations between them under the law on marriage and family, the civil law and other relevant laws.

2. At the request of adoptive parents, competent state agencies shall decide on the change of the full names of adopted children.

Change of the full names of an adopted child aged 9 or more years must be consented to by such child.

3. The nationality of an adopted abandoned child shall be determined according to the nationality of the adoptive parents.

4. Unless otherwise agreed upon between the natural and adoptive parents, from the date of delivery and receipt of the adopted child, the natural parents no longer have the rights and obligations to care for. nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted.

Above are regulations on consequences of adoption in Vietnam.

Best regards!