CONDITIONS FOR A PERSON WHO ADOPTS A CHILD IN VIETNAM

Adoption of a child is a social phenomenon that presents long humanitarian traditions among Vietnamese citizens. Thus, what are conditions for a person adopting a child? What are the regulations for adopting a child in your country?. NPLaw will support issues related to an adoption of a child through the following article.

I. The facts of adoption of a child in the current

In Vietnam, adoption of a child (an adopted child) has been done for a long time with many different reasons and purposes, but the most popular reason is love, sympathy and help for people who are in trouble. Therefore, an adoption of a child or even a parent is becoming more generous in social life. By the civil rights of each individual, the establishment of adopting a child is performed by many different methods according to particular conditions and circumstances. However, there are two (02) methods to establish adoption, including a social and a legal method. 

II. Definition of adoption of a child (an adopted child)

Adoption of a child (an adopted child) is that an adult (a married couple with legal marriage) adopts one child or more who isn’t directly born from them. This adoption arises from a parent-child relationship between an adopter and an adoptee, i.e., an adopter will be the father and mother of a child who is adopted as their adopted child.    

III. Conditions for adopting a child

Pursuant to Article 8 of the Law on Adoption 2010 in Vietnam, persons who are adopted as an adopted child, as follows: children under sixteen (16) years old, or persons who are enough sixteen (16) years old to under eighteen (18) years old to be adopted if don’t belong to one of the following cases: persons who are adopted by the stepfather or stepmother, or by an aunt or uncle. 

Besides, the Law also stipulates that one person is only entitled to be the adopted child of a single person or a married couple.

The first subject of adoption is children, so the Law specifically stipulates a maximum age for adopted persons. Such persons don’t have particular maturity in physical and mental health, and always need love, care, and education from adults. On the other hand, the Law also stipulates the age of adopters, corresponding with the regulations of the Labor Law and the Civil Law.

IV. Regulations for adopting a child in a country

1. The adoption of a child in a country

Cases of adopting a child in the country are stipulated, as follows:

1.1. Conditions for a person who adopts a child

An individual who wants to adopt has to demand fully the conditions as defined by Clause 1, Article 14 of the Law on Adoption 2010, as follows:

• Having the civil act capacity fully;
• Being twenty (20) years older than an adopted child;
• Having good conditions of health, economy, and accommodation to ensure care and education to an adopted child;
• Having good morality.

Besides, If a child is adopted by the stepfather, stepmother, aunt or uncle, it isn’t necessary to apply the last two conditions listed; If Vietnamese persons reside abroad and adopt any Vietnamese people as an adopted child, besides the conditions listed, such adopters have to satisfy conditions as defined by the Law of the country where they reside.

1.2 Cases that a person isn’t entitled to adopt a child

An individual who belongs to one of the following cases, will not be entitled to adopt a child:

• Persons are being limited to some father or mother rights for a minor⁽¹⁾ (infant);
• Persons are executing administrative fines at educational and medical institutions;
• Persons are executing a prison sentence;
• Persons don’t erase criminal records⁽²⁾ in one of the crimes of intentionally infringing on the life, health, dignity, or honor of others; mistreating or abusing grandparents, parents, spouses (wife and husband), children, grandchildren, or people who have nurtured them; seducing or forcing minors to violate the Law; purchasing and selling, swapping or taking away children. 

2.  An adoption for a child with foreign elements

Cases of adopting a child with foreign elements, as follows: 

  2.1. Cases that a person is entitled to adopt a child with foreign elements

Pursuant to Article 28 of the Law on Adoption 2010, there are the following cases:

• Vietnamese people who reside abroad;
• Foreign persons who reside in a country that is a member of the International Treaties on the Adoption of Children together with Vietnam, are entitled to adopt Vietnamese children as the adopted child.    

  2.2. Conditions for a person who adopts a child with foreign elements

Pursuant to Article 29 of the Law on Adoption 2010 in Vietnam, If Vietnamese people residing abroad or foreign people permanently residing abroad adopt Vietnamese people as an adopted child, such adopters have to fully satisfy conditions as defined by the Law of the country where they reside, as follows:

• Having the civil act capacity fully;
• Being twenty years older than an adopted child;
• Having good conditions of health, economy, and accommodation to ensure care and education for an adopted child;
• Having good morality.

The following people who aren’t entitled to adopt:

• Persons are being limited to some father or mother rights for a minor (infant);
• Persons are executing administrative fines at educational and medical institutions;
• Persons are executing a prison sentence;
• Persons don’t erase criminal records for one of the crimes of intentionally infringing on the life, health, dignity, or honor of others; mistreating or abusing grandparents, parents, spouses (wife and husband), children, grandchildren, or people who have nurtured them; seducing or forcing minors to violate the Law; purchasing and selling, swapping or taking away children. 

V. Procedures for adopting a child

1. Applications and procedures for adopting a child in the country

Step 1: Filing an application

An adopter has to file an application for themselves and an adoptee to the Commune People's Committee where an adoptee or an adopter resides.

An application of an adopter is stipulated, as follows:

• An adoption application;
• A copy of the Passport and ID Card, or other replaceable documents;
• A Criminal Record Certificate⁽³⁾ ;
• Documents determining marital status;
• A Medical Certificate is granted by Health Agencies belonging to a district or more; documents determining family circumstances, accommodation status, or economic conditions are granted by the Commune People’s Committee where an adopter resides.

Step 2: Checking an application and gathering opinions of related persons

Within ten (10) days from the date of fully receiving a valid application and finishing the opinion gathering of persons as defined by Article 21 of the Law on Adoption 2010, the Commune People’s Committee is responsible for checking such an application. 

Step 3: Registering the adoption of a child

After considering that an adopter and an adoptee are also enough conditions as defined by the Law on Adoption 2010 to perform the adoption, the Commune People’s Committee will organize an adoption registration and grant the Adoption Certificate to adoptive parents, birth parents, or guardians; or representatives of foster families or organizations performing the adoption, and will record it in the Civil Status Book⁽⁴⁾  within twenty (20) days from the date of receiving the consent of persons as defined by Article 21 of the Law on Adoption 2010.

If the Commune People’s Committee refuses to register the adoption, they have to respond in writing to adoptive parents, birth parents, or guardians; or representatives of the foster families, and clearly present refused reasons within ten (10) days from the date of receiving opinions of related persons.

The Adoption Certificate will be granted by the Commune People’s Committee where an adoptee or an adopter resides.

2. Applications and procedures for adopting a child with foreign elements

To adopt a child in Vietnam, foreign persons who don’t have permanent residence in Vietnam have to prepare documents according to Clause 1, Article 31 of the Law on Adoption 2010, as follows:

• An adoption application;
• A copy of the Passport and ID Card, or other replaceable documents;
• Documents that allow the adoption to be performed in Vietnam;
• Documents that check health, psychology, and family circumstances;
• Documents determining a health status;
• Documents determining an income and an amount of assets; 
• A Criminal Record Certificate;
• Documents determining marital status.

VI. Questions regarding adopting a child

1. Which authorities have the competence to register the adoption of a child?

According to the Law on Adoption 2010, the Commune People’s Committee where an adopter or an adoptee resides will have the competence to perform the adoption registration. Therefore, when the Client wants to adopt an adopted child, the Client has to file an adoption application and register such an adoption at the Commune People’s Committee.

2. How long is the duration for resolving the procedures for adopting a child?

The duration for resolving the adoption will be thirty (30) days from the date the Commune People’s Committee fully receives valid applications. 

3. Can the stepfather adopt the wife’s child?

The State always encourages citizens in adopting orphans or children in particular circumstances. Therefore, the stepfather is entitled to adopt the wife’s child if such a person fully satisfies the conditions as defined by the Law.

These are all information relating to CONDITIONS FOR A PERSON WHO ADOPTS A CHILD as prescribed by Vietnamese Law. Please don’t hesitate to contact us, if the clients have any further questions. NPLaw is willing to support the Client in resolving all issues listed with the best efforts.

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