ADOPTION PROCESS IN VIETNAM FOR FOREIGNERS
Engaging an adoption relationship between foreigners and Vietnamese children is increasingly more and more common. In order for the adoption relationship to be guaranteed by law and to avoid legal problems, the adopter must complete the adoption registration procedures with the competent state agency. Doanh Tri Firm will guide you on adoption procedures according to current laws for your reference.
Adoption process in Viet Nam for foreigners
1. Legal basis:
- Law on adoption 2010
- Decree No.24/2019/ND-CP
2. Principles of adoption
Principles of adoption
Adoption is resolved on the following principles: When settling for adoption, children's right to live in the original family environment should be respected. Adoption must ensure the lawful rights and interests of the adopted person and the adoptee, be voluntary, equal, do not discriminate between men and women, do not contravene the law and social ethics. Only allow children to be adopted abroad when the replacement family cannot be found in the country.
When a person is adopted by many people, priority should be given to who has the best conditions to raise and take care of the adopted child, without changing too much the living environment of the child. The order of priority for selection of surrogate families is specified as follows:
- Stepfather, stepmother, aunt, uncle of the adopted person;
- Vietnamese citizens permanently residing in the country;
- Foreigners permanently residing in Vietnam;
- Vietnamese citizens residing abroad;
- Foreigners permanently residing abroad.
In case there are many people in the same priority row applying to adopt one person, the Court will consider and settle for the person with the best conditions to raise, care for and educate the adopted child.
3. Conditions for foreigners to adopt Vietnamese children:
Article 28 of the Law on Adoption stipulates specific cases of child adoption involving foreign elements, including:
- Vietnamese people residing abroad, foreigners permanently residing in the same country that are members of an international treaty on adoption with Vietnam, adopt Vietnamese children.
- Vietnamese people residing abroad, foreigners permanently residing abroad may adopt children by name in case they are stepfather or stepmother of the adopted person; is the aunt, uncle of the adopted person; have adopted children who are siblings of the adopted children; adopt children with disabilities, HIV/AIDS or other dangerous diseases; is a foreigner who is working or studying in Vietnam for at least 1 year.
- Vietnamese citizens permanently residing in the country adopt foreign children.
- Foreigners permanently residing in Vietnam adopt children in Vietnam.
The person adopting the child must fully meet the requirements for adoption according to the provisions of the Law on Adoption of Vietnam and relevant foreign laws.
4. Adoption dossier:
Dossier for adopters:
- 02 Originals of application for adoption of Vietnamese children (used for adoption of stepchildren and biological grandchildren);
- 02 Copy of Passport or replacement valid document;
- 02 Originals of written permission to adopt children in Vietnam;
- 02 Original copies of the psychological and family investigation;
- 02 Originals of written certification of health status;
- 02 Original documents certifying income and assets;
- 02 Originals of judicial record cards;
- 02 Copies of documents certifying marital status:
+ In case the adopter is the adoptive couple: 02 copies of the marriage certificate.
+ In case the adopter is single: 02 copies of the certificate of marital status.
- Documents proving that the case is requested by name:
+ 02 Copies of the marriage certificate of the stepfather or stepmother with the biological mother or biological father of the adopted person.
+ 02 Copies of papers and documents to prove that the adopter is the aunt, uncle, or uncle of the adopted person.
Note: Papers issued by competent foreign agencies must be consularly legalized at the Consular Department, Ministry of Foreign Affairs of Vietnam, diplomatic missions or consular offices of Vietnam. overseas, except for cases exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam is a signatory or on the principle of reciprocity; translated into Vietnamese and certified according to the provisions of Vietnamese law.
Dossier for the adopted person:
- 03 Copies of birth certificate;
- 03 Originals of health examination papers issued by district-level health agencies or higher;
- 02 Full-body photos, looking straight ahead, taken within 6 months;
- 03 Copies of the death certificate of the biological father or mother or the court's decision declaring the child's biological father or mother dead, for orphaned children; the court's decision declaring the natural father or mother of the person introduced for adoption missing, for the person introduced for adoption, whose natural father or mother is missing; the court's decision declaring that the biological father or mother of the person introduced for adoption loses the civil act capacity for the person introduced for adoption but the biological father or mother loses the capacity for civil acts;
- 03 Originals of the written consent for the adoption of children from their natural parents, guardians and children aged full 9 years or older;
- 03 Copies of the document of the Department of Justice certifying that the child is eligible for foreign adoption.
- 03 Originals of documents on remarkable characteristics, interests and habits of the adopted child (in the case of aunts, uncles, uncles and aunts adopting the child)
- In case a child is named as a sibling of a previously adopted child: A copy of the decision of the Vietnamese competent authority for the adopter to adopt the previous child and papers and documents to prove that the adopted child and the adopted child are siblings.
5. Submit your application:
The foreigner permanently residing in Vietnam who adopts a child submits his/her application and the application file of the referred child to the Department of Justice where the referred child permanently resides. The Department of Justice is responsible for checking the dossier, collecting opinions from the biological father, natural mother or guardian and the child if the child is full 9 years old or older.
When deeming that the adopter and the child being introduced for adoption fully meet the conditions prescribed by the Law on Adoption, the Department of Justice shall submit it to the People's Committee of the province for consideration and decision.
6. Processing applications and returning results
Processing applications and returning results
Within 15 days after receiving the dossier submitted by the Department of Justice, the People's Committee of the province shall decide to allow the foreigner permanently residing in Vietnam to adopt a child; In case of refusal, the adopter must reply in writing, clearly stating the reason.
In case the adopter does not come to adopt the child without a plausible reason, the provincial-level People's Committee shall cancel the decision on the adoption of the foreigner permanently residing in Vietnam.
The handover and adoption must be made in writing, signed or fingerprinted by the parties and representatives of the Department of Justice.
7. Notification of the development of the adopted child
Notification of the development of the adopted child
Within 3 years, once every 6 months, from the date of delivery and adoption, the adoptive parents are responsible for notifying the Ministry of Justice and the Vietnamese representative mission in the country where the adopted child permanently resides about the status of the adopted child. health, physical, mental, and integration of adopted children with adoptive parents, family and community (Article 39).
The above article is our firm's perspective towards adoption process in Vietnam. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
Hotline: (+84) 911.233.955 - (024) 6293 8326
Doanh Tri Law Firm is pleased to accompany our customers!
Bài viết ngày được thực hiện bởi: Nguyễn Thị Thuỳ Trang
Chức vụ: Giám đốc công ty
Lĩnh vực tư vấn: Dân sự, Hình sự, Doanh nghiệp
Trình độ đào tạo: Thạc sỹ Luật, MBA
Số năm kinh nghiệm thực tế: 10 năm