Mother deceased, father missing: Is this a case eligible for alternative care? Procedures for registering to receive alternative care?
Orphaned by Mother, Father Missing – Does This Qualify for Replacement Care?
Pursuant to Article 62 of the Law on Children 2016, the following cases of children in need of replacement care are specified:
Children who are orphans of both parents, abandoned children, and children with no refuge.
Children who cannot live with their parents due to safety concerns; parents who are incapable of protecting or nurturing the children or who are themselves the abusers of the children.
Children affected by natural disasters, catastrophes, or armed conflicts that need priority protection.
Refugee children and asylum-seeking children whose parents are not identified.
Thus, under the current regulations, even if the child is not an orphan of both parents, if there are no other relatives available, the child is considered to have no refuge and will still be eligible for replacement care.
Procedures for Registering the Replacement Care of a Child
The procedures for registering for replacement care are stipulated in Article 39 of Decree 56/2017/ND-CP as follows:
Individuals or family representatives who wish and are eligible to provide replacement care, as stipulated in Clause 2, Article 63 of the Law on Children, must submit an application according to Form No. 08 in the Appendix issued with this Decree to the People's Committee of the commune where they reside, for the establishment of a list of those eligible to provide replacement care.
Individuals or family representatives registered to or undertaking the care of children in replacement care will be advised by child protection service providers concerning the legal regulations related to children's rights and duties, child protection, and skills for replacement care.
Individuals or family representatives who are foreigners, in addition to the provisions in Clauses 1 and 2 of this Article, must have resided in Vietnam for at least 06 months and have a remaining residence period in Vietnam of at least 12 months at the time of registration.
The registration process for adoption is implemented in accordance with the provisions of the law on adoption.
If you meet the necessary conditions for registering to care for the child, you need to follow the registration procedures as specified here.
Respectfully!
