Adoption is an act of profound humanitarianism. In the context of global development, the Law on Adoption states a major legislative effort to establish a comprehensive legal framework that aligns Vietnam’s adoption regulations with international standards. The below article by NPLaw explores the specific legal provisions governing adoption with foreign elements. 

I. Principles of adoption with foreign elements

Adoption with foreign elements must comply with the principles set forth in Article 4 of the Law on Adoption 2010, including:

  • Ensuring the child has the right to be lived and raised by their biological family whenever possible.
  • Protecting the legitimate rights and interests of both the adoptee and the adoptive parent(s), ensuring voluntariness, equality, and non-discrimination, and that the adoption process does not contravene the law or social ethics.
  • Allowing adoption with foreign elements only when no suitable Vietnamese family can be found.

II. Cases eligible for adoption with foreign elements

Under Article 28 of the Law on Adoption 2010, adoption with foreign elements is permitted in the following situations:

  • Vietnamese children may be adopted by:
    + Overseas Vietnamese or foreigners who are permanent residents in countries that are members to international treaties on adoption with Vietnam.

Accordingly, adopting Vietnamese children is in the following specific cases:

  • The child is a stepchild of the adoptive father or mother.
  • The child is a niece or nephew (biological uncle, aunt, or similar relationship).
  • The child is a biological sibling of an existing adopted child.
  • The child has a disability, HIV/AIDS, or another serious illness.
  • The adopter is a foreigner who has been working or studying in Vietnam for at least one year.
  • Vietnamese citizens residing in Vietnam may adopt a foreign child.
  • Foreigners who are permanent residents in Vietnam may adopt a Vietnamese child.

III. Conditions for adoption with foreign elements 

Pursuant to Article 29 of the Law on Adoption 2010:

  • Overseas Vietnamese or foreigners permanently residing abroad who wish to adopt a Vietnamese child must meet the legal requirements of their country and the conditions set forth in Article 14 of the Vietnamese Law on Adoption.
  • Vietnamese citizens who wish to adopt a foreign child must satisfy the conditions under Article 14 and the legal requirements of the child’s country.

Accordingly, under Article 14, conditions for adoptive persons:

  • Eligibility requirements:
    + Full civil legal capacity.
    + At least 20 years older than the adoptee.
    + Adequate health, financial stability, and housing to ensure the care, upbringing, and education of the child.
    + Good moral character.
     
  • Ineligibility ones:
    + Those with parental rights partially restricted by law.
    + Those serving administrative measures at educational or medical facilities.
    + Those serving a prison sentence.
    + Those with existing convictions for intentional crimes against life, health, honor, or dignity of others; abuse or maltreatment of family members; coercion or harboring of minors in illegal activities; or crimes involving child trafficking, abduction, or unlawful appropriation.
     
  • Exceptions for adoption 

The requirements regarding age and financial capability do not apply when:

  • A step-parent adopts their spouse’s child.
  • A biological aunt, uncle, or similar relative adopts their niece or nephew.

IV. Procedures for adoption with foreign elements

1. Dossier requirements

Under Clause 1, Article 31 of the Law on Adoption 2010, a foreign person or overseas Vietnamese adopting a Vietnamese child must submit the following documents:

  • Adoption application form.
  • Copy of passport or equivalent documents.
  • Valid and competent document permitting adoption in Vietnam.
  • Psychological and family assessment report.
  • Health certificate.
  • Proof of income and assets.
  • Criminal background certificate.
  • Marital status certificate.
  • Supporting evidence in cases of designated adoption (e.g., stepchild, relatives, siblings, disabled or ill child, or foreigner residing/working in Vietnam for at least one (01) year).

Except for the adoption application and supporting evidence in designated adoption cases, all other documents must be issued or certified by competent authorities in the adopter’s country. 

2. Procedures for adoption

Based on Clauses 3 of Article 31, and Articles 33, 34, 36, and 37 of the Law on Adoption 2010, the procedures include:

  • Submission of the dossier
    + Two complete sets are submitted to the Ministry of Justice via the central adoption agency of the adopter’s country.
    + In designated adoption cases, the dossier may be submitted directly to the Ministry of Justice.
     
  • Verification by the Department of Justice
    + The Department of Justice reviews the dossier and seeks consent from the child’s legal guardians or relevant individuals within 20 days.
    + In cases involving abandoned children, the Public Security of the province or centrally-run city are requested to verify and provide confirmation within 30 days.
    + If all legal conditions are satisfied, the Department of Justice certifies and forwards the case to the Ministry of Justice.
     
  • Processing by the Ministry of Justice
    + The Ministry of Justice reviews and processes the dossier within 15 days.
    + In designated adoption cases, the Ministry transfers the dossier to the Department of Justice for submission to the Provincial People’s Committee.
     
  • Final approval
    + When obtaining the consent from the adopter’s country, confirming the child will be allowed entry and residency, the Ministry of Justice informs the Department of Justice (Clause 3, Article 36); and the Department of Justice shall submit to the Provincial People's Committee a decision on the adoption (Article 37).
    + The Provincial People’s Committee issues the adoption approval within 15 days.
    + The adopter must personally present in Vietnam to receive the child within 60 days (extendable to 90 days for justifiable reasons).
    + If the adopter fails to appear within the above time, the adoption approval may be annulled.

V. Authority to register adoption with foreign elements

Under Article 9 of the Law on Adoption 2010:

  • For adoption with foreign elements: the Provincial People’s Committee and the Department of Justice where the child resides have authority.
  • For Vietnamese citizens temporarily residing abroad: the diplomatic missions or consulates of Vietnam handle the registration.

VI. Common questions adoption with foreign elements

1. How long before the child may enter the adopter’s country?

When obtaining the consent from the adopter’s country, confirming the child will be allowed entry and residency, the Ministry of Justice informs the Department of Justice; and the Department of Justice shall submit to the Provincial People's Committee a decision on the adoption. Then the Provincial People’s Committee issues the adoption approval within 15 days.

2. Can a person adopt their spouse’s child or a niece/nephew from Vietnam?

Based on Clause 3, Article 8 of the Law on Adoption 2010. A person can adopt their spouse’s child or a niece/nephew from Vietnam provided that compliance with legal regulations and consent of the child’s related persons.

3. Which authority reviews and refers children for adoption with foreign elements?

The Department of Justice oversees the review and referral process. If there is a domestic adopter, the case will be handled by the Commune People’s Committee where the child resides.

The above is information to answer questions about adoption with foreign elements that NPLaw sends to you. If you have any related questions that need further clarification, please contact NPLaw using the following contact information.