Presently, there are many foreign people want
to adopt a Vietnamese. Besides, the law of Vietnam also has strict regulations
for child adoption
by foreigners.
First is the adoption of specific child by
foreigners. The Adoption Act 2010 defined that the Vietnamese residing abroad
and foreigners permanently residing overseas are allowed to adopt specific
child in the following cases:
Adoption Lawyers
in Vietnam
As stepfather or stepmother of the adopted
person;
As uncle or aunt of the adopted person;
Has adopted children who are siblings of the
children that are adopting;
Adopt children with disabilities, HIV / AIDS
or other fatal diseases;
As foreigners who are working and studying in
Vietnam for at least 01 years.
In which the 4th case is a special case that
are encouraged by the State with simpler procedures than other cases.
The order and procedures for adoption of
child will be conducted as follows:
The profile of child
adopting people includes:
+ Application for adoption by name;
+ A copy of the passport or replacing
document that have the same value;
+ The written permission for child adoption
in Vietnam;
+ The psychological and family investigation;
+ Documents certifying health status;
+ Documents certifying income and assets;
+ Judicial record;
+ Documents certifying marital status;
+ Documents evidencing eligible for child
adoption by name.
+ In case of specific child adoption for
children over 5 years old and two or more siblings, the record must clearly
state the psychological preparation plan for children, preparing conditions for
children to integrate into the new family, culture and society environments.
The above documents are issued and certified
by the competent authority where the child adopting people permanently reside.
To be certified by the State of Vietnam, it should be certified through the
procedure of consular legalization.
The profile of children to
be adopted includes:
+ Birth certificate
+ Certification of health issued by the
district or higher health authorities;
+ Two full body and looking straight images,
which was taken within 06 months
+ Documents about the noteworthy
characteristics, preferences and habits of children.
These papers are issued by nurturing
organizations or natural parents / guardians of children.
Profiles of the child adopting person and the
child being adopted are submitted directly at the Bureau for adoption. The case
that cannot submit the profile directly at the Bureau for adoption, the child
adopting person have to authorize by written document their relatives residing
in Vietnam to submit the profile at the Bureau for adoption or send the profile
through post office in the form of guarantees.
In the procedure of adoption of specific
children with disabilities, HIV / AIDS or suffering from serious diseases,
Vietnam law allows the free implementation of procedures to find alternative
families and introduce children for adoption. The meaning of this is to shorten
the procedure, creating condition for these children to be adopted and nurtured
in an enabling environment.
After receipt of the application for
adoption, Bureau of adoption will check and appraisal the profile to determine
that the child adopting people was certified by the competent authorities of
the country where he or she resides that he or she satisfy the eligibility for
child adoption under the laws of that country and under the laws of Vietnam.
Towards the child to be adopted, after
receiving profile from natural parents or guardians of the child, Bureau for
adoption has the responsibility to inspect children’s record, conduct
consultation with the natural father / mother or the guardians of child about
the child adoption for foreigner during 07 working days.
Within 07 working days from the expiration
date of changing opinion about the child adoption for foreigner of the natural
parents or guardians of children, if children are eligible to be adopted by
foreigner, who are entitled to adoption by name, Bureau for adoption will
report the Department of Justice, Department of Justice will certify by
document that the children eligible for adoption by foreigner. Finally,
Department of Justice submits to the Provincial People’s Committee decided to
allow the foreigner to adopt the children.
Second is the adoption of child not by name
with foreign element. The adoption of child not by name with foreign element is
the cases when Vietnamese residing abroad, foreigners reside in the country in
which that country is a member of international treaties on child adoption with
Vietnam and adopt Vietnamese children; Vietnam citizens residing in Vietnam
adopt foreign children; foreigners permanently residing in Vietnam adopt
Vietnamese children.
For the adoption case that
not by name, the order and procedures will include:
+ The profile of people that want to adopt
children should be submitting to the Bureau for adoption through the adoption
agencies of that country that are licensed to operate in Vietnam. If that
country does not have adoption agencies licensed to operate in Vietnam, the
adoption profile should be submitting to the Bureau for adoption through
diplomatic representative offices or consular office of that country in
Vietnam.
+ The profile of children being adopted will
be submitted by natural parents or guardians of the children at the Bureau for
adoption.
+ The Bureau for adoption receives, inspect
and evaluate profile of the child adopting people and children being adopted.
Compared to the case of adoption by name with
children with disabilities, HIV / AIDS or other serious diseases, the case of
adoption not by name, the Department of Justice has to implement the procedure
to find alternative family and introduce children for adoption. The meaning of
these two procedures is to encourage local Vietnamese permanent residing in
Vietnam to adopt Vietnamese children, enabling Vietnamese children to live,
learn and develop in their own homeland. Only when the above procedure to find
alternative family and introduce children for adoption have finished without
any local people want to adopt that children, the Department of Justice will
consider deciding for the children to be adopted by foreigner.
The notice period to find alternative family
is regulated as 60 days, during this period, if any Vietnamese wants to adopt
children, they should contact the Commune People’s Committee where children
resides to consider and settle the adoption. If time runs out 60 days, the
Department of Justice has to prepare a list of children who need to find
alternative families and submit to the Ministry of Justice.
On the other hand, within 30 days after
receiving profile from foreigner that want to adopt Vietnamese children, the
Department of Justice has to review and introduce children to be adopted on the
basis of children with no domestic adoption. After introducing children to be
adopted, the Department of Justice reported the Provincial People’s Committee
for comments.
The case that the Provincial People’s
Committee disagrees, they have to send a written document stating the reasons
and submit to the Department of Justice. On the other hand, the case that the
Provincial People’s Committee agrees, within 07 working days, the Provincial
People’s Committee decided for children for abroad adoption.
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