Saturday, December 13, 2014

Regulations on child adoption in Vietnam

Following Vietnam's ratification on November 1, 2011, Vietnam became the full member of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption and this Hague Convention was entered into force in Vietnam on February 1, 2012. The laws of Vietnam do not prohibit the foreigner from child adoption, so it is possible for a foreigner to adopt a child in Vietnam provided that he/she is qualified for the adoption requirements. However, the foreigner may face with the lengthy and complicated administrative procedures for being permitted to adopt a child.
It is important to note the principles under the Law on Adoption of Vietnam that the foreigners must be permanently reside in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child and the adoption by a person living abroad is allowed only when no domestic substitute family can be found.
Under the Law on Adoption of Vietnam, the adopting person must fully meet the following conditions: Having full capacity of civil act; Being 20 years or more older than the adopted person; Having health, financial and accommodation conditions for assuring the caring for and nurture and education of the adopted child; Having good ethical qualities.
Moreover, the child adopting person must not under the following subjects:
a/ Having some of the parental rights over a minor child restricted;
b/ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c/ Currently serving an imprisonment penalty;
d/ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
For the application dossier, the foreigner must prepare as follows:
a/ A written request for adoption;
b/ A copy of the passport or a valid substitute paper;
c/ A written permission for adopting a person in Vietnam:
d/ A completed questionnaire on psychology and family;
e/ A health certificate;
f/ An income and property certificate;
g/ A judicial record sheet:
h/ A written certification of the marital status;
i/ A document evidencing the case of adoption of a specific child.