ADOPTION PROCESS IN VIETNAM WITH FOREIGN ELEMENTS

Adoption procedures with foreign elements are prescribed in the Law on Adoption. However, To better understand the regulations on records. In the following article, Doanh Tri Law would like to provide readers with necessary information about Adoption Documents with foreign elements.

1. Regulations on the adoption of  foreign elements

Adoption with foreign elements means the adoption between Vietnamese citizens and foreigners, between foreigners, permanently residing in Vietnam, and between Vietnamese citizens and one of them residing abroad. (Clause 5, Article 3 of Law on Adoption 2010).

The adoption must be done according to the principles stated in Article 5 of the Law on Adoption with the order of priority:

• Stepfather, stepmother, aunt, uncle, aunt, uncle, biological uncle of the person being adopted;
• Vietnamese citizens permanently residing in the country;
• Foreigners permanently residing in Vietnam;
• Vietnamese citizens residing abroad;
• Foreigners permanently residing abroad.

In particular, people are only allowed to be adopted abroad when they cannot find an adopter in the country.

2. Adoption records with foreign elements

2.1 For foreigners who do not permanently reside in Vietnam

• Application for adoption;
• Copy of Passport or valid alternative document;
• Written permission to adopt a child in Vietnam;
• The psychological survey, family;
• Written confirmation of health status;
• Documents certifying income and assets;
• Judicial history card;
• Written confirmation of marital status.

Note:

The above documents must be made, issued, and certified by the competent authority of the country where the adopter permanently resides or certified to be consular legalized when used in Vietnam, except for cases where consular legalization is exempted. ;

The adopter's dossier is made in two sets and submitted to the Ministry of Justice through the central adoption agency of the country where the adopter permanently resides.

In case of applying for a child by name, the adopter needs to have additional documents proving that he/she falls into those cases;

2.2 For the case of foreigners permanently residing in Vietnam

• Application for adoption;
• Copy of Passport, People's Identity Card, or a valid substitute document;
• Judicial history card;
• Written confirmation of marital status;
• Health certificate issued by a district-level health agency or higher;
• Written certification of family situation, housing status, and economic conditions, issued by the People's Committee of the commune where the adopter permanently resides, except for the case where the stepfather adopts the stepchild of the wife, the stepmother adopts the stepchild. adopted by her husband or adopted by her aunt, uncle, uncle or aunt.

Note:

The adopter's dossier is submitted to the Department of Justice where the person introduced for adoption permanently resides or can directly submit the dossier to the Ministry of Justice.

2.3 Records of adopted children

The dossier is made in 03 sets, including the following papers:

Birth certificate;

Health certificate issued by a district-level health agency or higher;

Two full-body photos, looking straight ahead, taken within 6 months;

A written certification made by the People's Committee or the commune-level police station where the abandoned child is discovered, for abandoned children;

The death certificate of the biological father or mother or a decision of the Court declaring the biological father or mother of the child to be dead, for orphaned children;

Court's decision declaring the natural father or mother of the person introduced for adoption missing, for the person introduced for adoption but the biological father or mother is missing;

Court's decision declares 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.

The above information is about the “Adoption process in Vietnam with foreign elements”. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

Email: [email protected]

Doanh Tri Law Firm is pleased to accompany our Customers!