What are rights and obligations of adoptive parents and adopted children in Vietnam? Can adopted child support be denied after divorce in Vietnam?

Can same-sex couples adopt children in Vietnam?

I have a friend who is from the LGBT community, currently living as husband and wife with another woman for 2 years. Due to not being able to have children together, my friend and “lover” plan to adopt child. Please tell me, according to current regulations, can same-sex couples adopt children? 

Reply:  Pursuant to Article 8 of the Law on Marriage and Family 2014 stipulates:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

- Sham marriage or sham divorce;

- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

- A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

- Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

In particular, the State shall not recognize marriage between persons of the same sex. Therefore, same-sex couples are still not recognized by Vietnamese law as a legal marriage, so even though they live together, there is no legally binding relationship in terms of rights and obligations between husband and wife, alimony and common property formed during the marriage.

Although not recognized by Vietnamese law, there are quite a few same-sex couples who are still living together as husband and wife and want to adopt children to connect their families.

According to the provisions of the Law on Adoption 2010, 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 the provisions of law in Vetnam, a person can only be adopted by a single person or of both spouses. Because same-sex couples are not recognized by Vietnamese law as a legal couple, they do not meet the conditions to jointly adopt children. However, either person can apply for adoption as a single person and must satisfy the adoption conditions as prescribed in the Law on Adoption 2010.

Above is the content of our advice on the issue that you have questions about.

What are rights and obligations of adoptive parents and adopted children in Vietnam?

What are rights and obligations of adoptive parents and adopted children in Vietnam? Hello, I am Van Toan, I am in need of learning the provisions of the law related to the field of marriage and family. I have a question that I need you to help me answer. May I ask, what are regulations on rights and obligations of adoptive parents and adopted children in Vietnam? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!

Van Toan (vantoan*****@gmail.com)

Reply:

According to Article 78 of the Law on Marriage and Family 2014, rights and obligations of adoptive parents and adopted children are specified as follows:

1. An adoptive parent and his/her adopted child have the rights and obligations of parents and children prescribed in this Law from the time the adoption relationship is established under the Adoption Law.

In case of termination of an adoption under a court’s decision, the rights and obligations of an adoptive parent toward his/her adopted child shall terminate from the legally effective date of the court’s decision.

2. The rights and obligations of natural parents and their children who have been adopted by other persons must comply with the Adoption Law.

3. The rights and obligations of natural parents and their children shall be restored from the time the adoption relationship terminates. When they no longer have natural parents or their natural parents cannot afford to raise minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves, a court shall settle the adoption termination and designate guardians for the children in accordance with the Civil Code.

Above is content of advice on rights and obligations of adoptive parents and adopted children in Vietnam. For more detailed information, you should refer to the Law on Marriage and Family 2014.

Can adopted child support be denied after divorce in Vietnam? 

Hello. In 2006, my ex-wife and I adopted a baby boy. This baby is the son of one of my wife's grandchildren. But last year we got divorced, I have to pay child support of 3,500,000. Please ask: can I refuse to adopt or refuse child support? And if so, what is procedure? Looking forward to advise. Thank you

Reply:

According to the provisions of Article 25 of the Law on Adoption 2010, grounds for termination of adoption are prescribed as follows:

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.

So if you don't fall into one of the above grounds, you can't terminate the adoption.

Clause 1, Article 24 of the Law on Adoption 2010 provides for the consequences of adoption 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.

In Clause 2, Article 82 of the Law on Marriage and Family 2014, obligations and rights of the parent who does not directly raise children after divorce.

2. The parent who does not directly raise a child shall support this child.

Therefore, in your case above, you cannot refuse to adopt as well as refuse child support in Vietnam. 

Best regards!