Cases of intercountry adoption in Vietnam

Cases of intercountry adoption in Vietnam (Internet image)

1. What is intercountry adoption?

According to Clause 5, Article 3 of the Law on Adoption 2010, intercountry adoption means the adoption between a Vietnamese citizen and a foreigner, between foreigners permanently residing in Vietnam, and between Vietnamese citizens either of whom settles abroad.

2. Cases of intercountry adoption in Vietnam

Specifically, in Article 28 of the Law on Adoption 2010, cases of intercountry adoption include:

- Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.

- Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:

+ He/she is the step father or step mother of the to-be-adopted child;

+ He/she is the natural aunt or uncle of the to-be-adopted child;

+ He/she has adopted a child who is a sibling of the to-be-adopted child;

+ He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;

+ He/she is a foreigner currently working or studying in Vietnam for at least 1 year;

- Vietnamese citizens permanently residing in the country adopt a foreign child.

- Foreigners permanently residing in Vietnam adopt a child in Vietnam.

3. Conditions on adopting persons intercountry

In order to adopt a child with foreign elements, the adopter must meet the following conditions:

- Overseas Vietnamese or foreigners permanently residing abroad who seek to adopt a Vietnamese must meet all conditions required by the law of the country in which they permanently reside and specified in Article 14 of the Law on Adoption 2010.

+ An adopting person must fully meet the following conditions:

(i) Having full civil act capacity;

(ii) Being 20 years or more older than the adopted person;

(iii) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

(iv) Having good ethical qualities.

+ The following persons may not adopt a child:

(i) Having some of the parental rights over a minor child restricted:

(ii) Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

(iii) Currently serving an imprisonment penalty:

(iv) 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.

+ 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 Article 14 of the Law on Adoption 2010 will not apply.

- Vietnamese citizens who seek to adopt a foreigner must meet all conditions specified in Article 14 of the Law on Adoption 2010 and required by the law of the country in which the to-be-adopted person permanently resides.

4. Dossiers of adopting persons intercountry

A dossier of an overseas Vietnamese or a foreigner permanently residing abroad seeking to adopt a Vietnamese must comprise:

- A written request for adoption;

- A copy of the passport or a valid substitute paper;

- A written permission for adopting a person in Vietnam:

- A completed questionnaire on psychology and family;

- A health certificate;

- An income and property certificate;

- A judicial record sheet:

- A written certification of the marital status;

- Adocument evidencing the case of adoption of a specific child specified in Clause 2, Article 28 of the Law on Adoption 2010.

Papers and documents stated at Points b thru h, Clause 1 of Article 31 of the Law on Adoption 2010 must be made, issued or certified by competent agencies of the country in which the adopting person permanently resides.

A dossier of the adopting person shall be made in 2 sets and submitted to the Ministry of Justice via the central adoption agency of the country in which the adopting person permanently resides;

In case of adopting a specific person stated in Clause 2, Article 28 of the Law on Adoption 2010. the adopting person may submit the dossier directly to the Ministry of Justice.

(Article 31 of the Law on Adoption 2010)

Thanh Rin

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