Currently, it is not medically possible for a same-sex couple to have a biological child together. So, in the case that they want to adopt a child together, it is important to consider whether the law allows for this or not.
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Same-sex marriage is not recognized by Vietnam’s law
Marriage is a legal relationship between a husband and a wife after they are married. Marriage is the establishment of a marital relationship between a man and a woman according to the provisions of the law on the conditions for marriage and marriage registration.
A man and a woman wishing to marry each other must satisfy the conditions specified in Article 8 of the Law on Marriage and Family 2014 of Vietnam:
- The man is full 20 years or older, the woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- The marriage does not fall into one of the prohibitions: sham marriage; underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage; getting married with a married person; getting married with relatives within three generations; etc.
With the provision in this law, the State does not recognize marriage between individuals of the same sex. Therefore, same-sex couples are currently not legally recognized as a married couple under Vietnam’s law. Same-sex couples can only live together without a legally binding relationship in terms of rights, obligations between spouses, financial support, and the formation of shared assets during the period of marriage, etc.
Are same-sex couples allowed to adopt a child together?
Although not recognized by Vietnamese law, there are currently many same-sex couples living together as partners. And many of them have a strong desire to have a child through adoption.
According to the Law on Adoption 2010 of Vietnam, adopting a child establishes a long-term and stable parent-child relationship, for the best interests of the child, ensuring that the child is nurtured, cared for, and educated within a family environment.
The adoption process must ensure the legal rights and interests of both the adoptive parents and the adopted child, based on the principles of voluntary consent, equality, non-discrimination based on gender, and adherence to ethical and societal standards.
Article 8 of the Law on Adoption 2010 clearly states:
A person may be adopted by only one single person or two persons being husband and wife.
Since same-sex couples are currently not legally recognized as a married couple in Vietnam, they do not meet the requirements to jointly adopt a child. However, one of the individuals can still proceed with the adoption process as a single parent if they meet the necessary criteria.
In this case, the person applying to adopt a child must meet the requirements specified in Article 14 of the Law on Adoption 2010:
- 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;
- Not falling into the prohibited cases for adoption: having some of the parental rights over a minor child restricted; 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; trafficking in, fraudulently swapping or appropriating children, etc., which has not been remitted yet.
Therefore, Vietnam does not currently recognize same-sex marriage, so same-sex couples are unable to adopt a child together. However, if one of the individuals meets all the legal requirements, they can still adopt a child as a single parent.
Legal basis:
- Law on Marriage and Family 2014
Ngoc Tai
- Key word:
- adoption
