Is it necessary to get the opinion of 7-year-old children when receiving surrogate care in Vietnam?
Is it necessary to get the opinion of 7-year-old children when receiving surrogate care in Vietnam? How are the services, support policies, and interventions for children who receive surrogate care determined in Vietnam?
Hello Lawnet. My family wants to take a 7-year-old orphan from our neighborhood for surrogate care. The child is now 7 years old, and the paperwork has been completed. However, the agency requires the child's consent. Is this legally correct? Thank you!
Is it necessary to get the opinion of 7-year-old children when receiving surrogate care in Vietnam?
According to Article 5 of Circular 14/2020/TT-BLĐTBXH, the determination of surrogate care is as follows:
The following conditions must be met for a child to be eligible for surrogate care:
1. The child must be one of the categories specified in Article 62 of the Law on Children of Vietnam.
2. The child must be included in the list approved by the Department of Labor, Invalids, and Social Affairs and the People's Committee at the district level, as prescribed, for children who are currently being cared for at social assistance facilities.
3. The child must have the required documentation as specified in Article 38, Clauses 3 and 4 of Decree No. 56/2017/NĐ-CP.
4. The child must have the written consent of the parents as specified in Clause b, Article 36, Paragraph 1 of the Law on Children of Vietnam, or of the guardian in the case specified in Clause 1, Article 62 of the Law on Children of Vietnam.
5. In the case of a child who is at least 7 years old, the child's opinion must be taken into account.
Therefore, when your family takes a 7-year-old child for surrogate care, you must meet all of the above conditions, including taking the child's opinion into account.
Is it necessary to get the opinion of 7-year-old children when receiving surrogate care in Vietnam? - Source: Internet
How are the services, support policies, and interventions for children who receive surrogate care determined in Vietnam?
According to Clause 2, Article 4 of Circular 14/2020/TT-BLĐTBXH, the following services are determined for children receiving foster care:
2. Determination of services, support policies, and interventions for children who receive surrogate care
a) Health care: Medical examination, treatment, nutritional care, and health insurance.
b) Educational support: Support for children to attend school; support for school supplies, uniforms, and tuition; and the cost of vocational training appropriate for age.
c) Psychological support: Counseling on site or referral to counseling and therapy at specialized mental health service facilities.
d) Social welfare: Support for children to receive appropriate foster care, ensuring that the priority order for selecting a foster care form is for the best interests of the child. For children living in social assistance facilities, it is necessary to create conditions for children to return to live in the community with their parents or relatives (if any) or to find individuals or families to care for the children; support for social assistance policies for children and individuals or families receiving foster care.
dd) Child protection: Implementation of measures to protect children from abuse and violence; isolation of children from environments, objects, or individuals that threaten or are behaving violently or exploiting children, and implementation of support and intervention procedures.
e) Legal assistance: Implementation of procedures for identifying children in cases of abandonment in accordance with the law; support for the birth registration of abandoned children; and provision of legal services for children.
Therefore, the services, policies, and interventions for children receiving foster care are determined according to the above regulations.
Best regards!
