Does adopting a child require consent of biological parents after divorce in Vietnam?

Does adopting a child require consent of biological parents after divorce in Vietnam?

Pursuant to Article 14 of the 2010 Adoption Law, conditions on adopting persons are 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.

Pursuant to Clause 1, Article 21 of the 2010 Adoption Law, regulations on consent to adoption are 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.

Thus, you are forced to ask for the consent of your ex-husband, who is the biological father of the child. If both parents agree, then you can proceed with the adoption procedure in Vietnam.

Does adopting a child require consent of biological parents after divorce in Vietnam? (Image from the Internet)

What are procedures for registering adoption in Vietnam?

Pursuant to Article 10 of Decree 19/2011/ND-CP amended by Clause 5, Article 1 of Decree 24/2019/ND-CP, regulations on procedures for registration of adoption are as follows:

Procedures for registration of adoption are carried out referred to provision in Article 22 of Law on Adoption and the following specific provisions:

1. Registration for adoption is carried out in the office of the Commune-level People’s Committees. When registering adoption, adoptive parents, natural parents, the guardian or representative of the nurturing centers and adopted children must be in presence. The civil status – judicial officers record in the adoption registration book and hand the adoption certificates to the parties.

2. Based on the certificate of adoption, upon the request of the adoptive parents and by consent from adopted children aged 9 or older, civil registration agencies shall have competence in changing the last name, middle name and first name of an adoptee under civil laws and civil status legislation.

3. The supplementation and revision of information about the adoptive parents in certificates of birth of adoptees shall be subject to laws on civil status.

Best regards!