If I am married and have biological children, can I adopt another child in Vietnam?

If I am married and have biological children, can I adopt another child in Vietnam?

In Article 14 of the 2010 Adoption Law, there are regulations on 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 current regulations in Vietnam, the law does not prohibit married people with biological children from adopting children. If you meet the above conditions, you can still adopt a child.

If I am married and have biological children, can I adopt another child in Vietnam? (Image from the Internet)

Can adopted children receive inheritance like biological children in Vietnam?

In Article 650 of the 2015 Civil Code, there are regulations on cases of inheritance at law as follows:

1. Inheritance at law shall apply in the following cases:

a) There is no will;

b) The will is unlawful;

c) All heirs under the will died prior to or at the same time as the testator dying, or the bodies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;

d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.

2. Inheritance at law shall also apply to the following parts of an estate:

a) Parts of an estate in respect of which no disposition has been made in the will;

b) Parts of an estate related to an ineffective part of the will;

c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.

In Article 651 of the 2015 Civil Code, there are provisions on legal heirs as follows:

1. Heirs at law are categorized in the following order of priority:

a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

According to this Article, in case the deceased leaves behind a legal will and testament, the inheritance of the adopted child will depend on the content of the will. If the deceased did not leave a will, or left a will but the will is not legal, the inheritance will be carried out according to law in Vietnam. In cases of legal inheritance, adopted children will receive the same inheritance as biological children.

What are regulations on registration of adoption needs in Vietnam? 

In Article 16 of the 2010 Adoption Law, there are regulations on registration of adoption needs as follows:

Vietnamese citizens who seek and are eligible to adopt a child under this Law but cannot find a child yet for adoption shall register their adoption needs with the provincial-level Justice Departments of the places in which they permanently reside; if having a child for adoption, the provincial-level Justice Department shall introduce the prospective adoptive person to the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement.

Thus, registration of adoption needs will be carried out according to the above regulations in Vietnam.

Best regards!