Is it possible to adopt persons aged over 18 years in Vietnam? What are conditions on adopting persons in Vietnam?

Is it possible to adopt persons aged over 18 years in Vietnam? What are conditions on adopting persons in Vietnam? 

I know a niece and wish to adopt her. I'm 60 years old, but I don't have children, only my grandchildren often come to take care of me, she is 20 years old. So at this age can I adopt her as my grandchild? If adopted, does the adopting person have to meet any conditions?

Is it possible to adopt persons aged over 18 years in Vietnam?

Pursuant to Article 8 of the Law on Adoption 2010 stipulates on people to be adopted as follows:

1. Children under 16 years.

2. Persons aged between full 16 years and under 18 years falling into either of the following cases:

a/ To be adopted by the step father or step mother;

b/ To be adopted by a natural aunt or uncle.

3. A person may be adopted by only one single
person or two persons being husband and wife.

4. The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.

In addition, Article 2 of the Law on Adoption 2010 stipulates purposes of adoption as follows:

Adoption aims to establish permanent parent and child relationships in the best interests of adopted persons, ensuring that adopted persons are nurtured, cared for and educated in the family environment.

Thus, according to current regulations in Vietnam, the purpose of adoption is for the best interests of adopted persons and to ensure that the adopted child is nurtured, cared for and educated, and the 18-year-old has full legal capacity. So they are not required to be cared for and nurtured in order to become the subject of adoption.

In addition, according to regulations in Vietnam, people over 18 years old are not eligible for adoption. Therefore, you cannot adopt someone over the age of 18.

What are conditions on adopting persons in Vietnam? 

In addition, Article 14 of the Law on Adoption 2010 also stipulates the following conditions on adopting persons:

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.

According to this Article, in the case of adoption, the adopting persons must meet the above provisions in Vietnam.

Best Regards!

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