Conditions on adopting persons in Vietnam under the Law on Adoption

Conditions on adopting persons in Vietnam under the Law on Adoption (Internet image)

1. Persons allowed to be adopted in Vietnam

According to Article 8 of the Law on Adoption 2010, persons allowed to be adopted include:

- Children under 16 years.

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

+ To be adopted by the step father or step mother;

+ To be adopted by a natural aunt or uncle.

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

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

2. Conditions on adopting persons in Vietnam

According to Clause 1, Article 14 of the Law on Adoption 2010, an adopting person must fully meet the following conditions:

- Having full civil act capacity;

- Being 20 years or more older than the adopted person;

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

- Having good ethical qualities.

3. Persons may not adopt a child in Vietnam

Specifically, in Clause 2, Article 14 of the Law on Adoption 2010, the following persons may not adopt a child:

- Having some of the parental rights over a minor child restricted:

- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

- Currently serving an imprisonment penalty:

- 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.

4. Dossiers of adopting persons in Vietnam

A dossier of an adopting person comprises:

- A written request for adoption;

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

- The judicial record sheet;

- Written certification of the marital status;

- A health certificate granted by a district-or higher-level health agency; a written certification of family circumstances and housing and economic conditions granted by the commune-level People's Committee of the place in which the adopting person permanently resides, except for the case specified in Clause 3, Article 14 of Law on Adoption 2010.

(Article 17 of Law on Adoption 2010)

5. Consequences of adoption in Vietnam

- 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.

- At the request of adoptive parents, competent state agencies shall decide on the change of the full names of adopted children.

Change of the full names of an adopted child aged 9 or more years must be consented to by such child.

- The nationality of an adopted abandoned child shall be determined according to the nationality of the adoptive parents.

- Unless otherwise agreed upon between the natural and adoptive parents, from the date of delivery and receipt of the adopted child, the natural parents no longer have the rights and obligations to care for. nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted.

(Article 24 of Law on Adoption 2010)

6. Grounds for termination of adoption in Vietnam

According to Article 25 of the Law on Adoption 2010, an adoption may be terminated in the following cases:

- The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;

- 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;

- 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;

- Violating the provisions of Article 13 of Law on Adoption 2010.

Thanh Rin

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