If the adopted child has terminated her obligations to adoptive parents, will she be allowed to inherit in Vietnam?

If the adopted child has terminated her obligations to adoptive parents, will she be allowed to inherit in Vietnam?

Pursuant to Article 69 of the Law on Marriage and Family 2014, obligations and rights of parents are as follows:

1. To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.

2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.

3. To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.

4. Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.

In addition, Article 25 of the Law on Adoption 2010 provides for grounds for termination of adoption in the following cases:

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.

Consequences of the termination of adoption in Vietnam

According to Article 27 of the Law on Adoption 2010, consequences of termination of adoption are specified 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.

Thus, according to the current regulations in Vietnam, comparing with the case you mentioned, Lan cannot receive inheritance from the adoptive parents when there is a decision to terminate the rights and obligations of the adopted child and the adoptive parents from the Court.

Because from the time of decision from the Court, Lan and her adoptive parents have no rights and obligations, so Lan is not an heir to receive inheritance according to the law in Vietnam.

Best Regards!