Requirements on the implementation of surrogate care in Vietnam

Requirements on the implementation of surrogate care in Vietnam (Image from the Internet)

1. Requirements on the implementation of surrogate care in Vietnam

According to Article 6 of the Law on Children 2016, the requirements on the implementation of surrogate care in Vietnam include:

- Must be based on the needs, circumstances, gender, ethnicity, religion, and language of the child and ensure the child's rights.

- Ensure the safety of the child, ensure stability, continuity, and the connection between the child and the caregiver.

- Opinions, wishes, emotions, and attitudes of the child should be considered according to the child's age and maturity level; in cases where the child is 07 years old or older, the child’s opinion must be sought.

- Prioritize surrogate care by relatives. If a child has siblings, they should be prioritized to live together.

- Ensure maintaining contact, reunification between the child and parents, other family members when conditions allow, except when contact and reunification are not safe or not in the best interest of the child.

2. 4 Types of surrogate care in Vietnam

According to Article 61 of the Law on Children 2016, types of surrogate care in Vietnam include:

- Surrogate care by relatives.

- Surrogate care by individuals or families who are not relatives.

- Surrogate care in the form of adoption.

The adoption process should be carried out according to the laws on adoption.

- Surrogate care at social support facilities.

3. Cases where children need the surrogate care in Vietnam in 2024

According to Article 62 of the Law on Children 2016, cases where children need the surrogate care in Vietnam include:

- Children who are orphans of both parents, abandoned children, and children without shelter.

- Children who cannot live with their parents due to safety concerns; parents do not have the ability to protect and nurture the children or themselves are the abusers of the children.

- Children affected by natural disasters, calamities, armed conflicts needing prioritization for protection.

- Refugee and asylum-seeking children who have not yet identified parents.

4. Conditions for surrogate care for children in Vietnam in 2024

- Decisions on surrogate care must comply with the requirements stipulated in Article 60 of the Law on Children 2016 and meet the following conditions:

+ Written consent from the guardian for cases specified in clause 1, Article 62 of the Law on Children 2016;

+ The giving, receiving of surrogate care for children who still have both parents or only one parent but cannot protect and nurture the child must have written consent from both parents, the father or mother, except in cases where the child is subject to intervention measures for child protection as stipulated in point b and point c, clause 2, Article 50 of the Law on Children 2016, clause 3, Article 52 of the Law on Children 2016 or where parents are restricted in their parental rights according to the law on marriage and family.

- Individuals or families receiving surrogate care must meet the following conditions:

+ Individuals, family representatives must reside in Vietnam; have good health and full civil act capacity; good moral character; not restricted in some parental rights over minors; not under criminal investigation or administrative sanctions for child abuse; not convicted of intentional harm to life, health, dignity, honor of others, abuse or tormenting grandparents, parents, spouse, children, grandchildren, caretakers, enticing, coercing or harboring minors to violate the law, human trafficking or child abduction;

+ Have suitable housing and economic conditions to ensure the care, nurturing, and education of the child;

+ Voluntarily accept the care of the child; consensus among family members regarding the care of the child; family members are not under criminal investigation or administrative sanctions for child abuse;

+ Relatives taking in the child for surrogate care must be adults; in other cases, must be at least 20 years older than the child.

- The State encourages agencies, organizations, families, and individuals to provide mental and material support to assist in the surrogate care of children.

(According to Article 63 of the Law on Children 2016)

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