Child Adoption with
Foreign Elements
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:
- 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 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:
+ 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.
How ANT Lawyers Could
Help Your Business?
