Cases where children need the surrogate care in Vietnam

Cases where children need the surrogate care in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases where children need the surrogate care in Vietnam

Cases where children need the surrogate care under Article 62 of the Law on Children 2016 include:

- Children orphaned by both parents, abandoned children, helpless children.

- Children cannot live with their parents for the safety of children; Parents are incapable of protecting and nurturing children or are the ones abusing children.

- Children affected by natural disasters, disasters or armed conflicts should be prioritized for protection.

- Refugee or refugee children whose parents have not been identified.

2. Types of surrogate care in Vietnam

Types of surrogate care for children under Article 61 of the Law on Children 2016 include:

- The surrogate care taken by children’s kindred.

- The surrogate care taken by individual or family that is not children’s kindred.

- The surrogate care is carried out in the form of adoption.

The child adoption must comply with laws on adoption.

- The surrogate care is made at social support establishments.

3. Conditions of the surrogate care for children in Vietnam

Conditions of the surrogate care for children under Article 63 of the Law on Children 2016 are as follows:

- The making of decisions on the surrogate care must satisfy requirements stated in Article 60 of the Law on Children 2016 and the following conditions:

+ The surrogate care must be consented in writing by the children's guardians in cases regulated in Clause 1 Article 62 of the Law on Children 2016;

+ The approval or performance of the surrogate care for children whose parent(s) is (are) alive but they are unable to protect and take care of them must be carried out with the written content of their parent(s),

Except for the cases where intervention measures are taken to protect children as regulated in Point b and Point c Clause 2 Article 50 and Clause 3 Article 52 of the Law on Children 2016 or the cases where parental rights are limited as regulated by the Law on marriage and family.

- Individuals and families that perform the surrogate care must ensure the following conditions:

+ Individuals or family representatives must reside in the territory of Vietnam. They must be healthy, capable of civil acts and have good virtuous character. They do not have their rights to juvenile children limited. They also do not face criminal prosecution or administrative penalties for acts of child abuse.

In addition, they must not be convicted of deliberate infliction of harm to human life, health, or dignity of the others, or maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild, or caregiver, or persuading, forcing a minor to commit an offence, or harboring a minor committed a offence, or trafficking, or swapping, or appropriation of children;

+ They must have suitable residence and economic conditions to ensure the nurture and education of children;

+ They must voluntarily perform the surrogate care. All family members must agree with the receipt of surrogate care, and no one of family members must face the criminal prosecution or administrative penalties for acts of child abuse;

+ Kindred who perform the surrogate care must be adults. In other cases, individuals who perform the surrogate care must be at least 20 years older than children.

- The Government encourages agencies, organizations, families and individuals to give support, in both mental and physical terms, for the surrogate care.

4. Rights and responsibilities of surrogate caregivers in Vietnam

Rights and responsibilities of surrogate caregivers under Article 64 of the Law on Children 2016 are as follows:

- Surrogate caregivers shall assume the following responsibilities:

+ Ensure safe living conditions for children so that they can exercise their rights and responsibilities in conformity with conditions of surrogate caregivers;

+ Submit reports, after 06 months from the date on which they started their performance of the surrogate care or on annual basis, to people’s committees of communes where they reside on physical and mental health, and the integration of children. In cases where unexpected matters occur, unscheduled reports must be submitted on a timely manner.

- Surrogate caregivers shall have the following rights:

+ Surrogate caregivers are entitled to priority loans, vocational training and employment support and healthcare while they get into difficulties;

+ They are supported with expenditure for nurturing children as regulated by the law and are entitled to receive support from agencies, organizations, families and individuals to perform the surrogate care.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE