PROCEDURES OF ADOPTION BY FOREIGNERS IN VIETNAM

Foreigners have the right to adopt children in Vietnam. However, to ensure legal rights and interests, procedures for adoption by foreigners in Vietnam should be taken into account. How the law regulates this issue, please follow the following article:

1. Who is adopted?

Individuals eligible for adoption by foreigners include:

– Children under 16 years.

– Persons aged between full 16 years and under 18 years falling into either of the following cases:

+ To be adopted by the step father or step mother;

+ To be adopted by a natural aunt or uncle.

–  Orphans, abandoned children and children in other disadvantaged circumstances.

Noted, a person may be adopted by only one single person or two persons being husband and wife.

2. How is the procedure for adoption by foreigners in Vietnam?

a. Step 1: Documents preparation for adoption of foreigners to submit to the Ministry of Justice according to regulations

– Documents of foreigners permanently residing abroad adopting Vietnamese people include:

+ A written request for adoption;

+ A copy of the passport or a valid substitute paper;

+ A written permission for adopting a person in Vietnam:

+ A completed questionnaire on psychology and family;

+ A health certificate;

+ An income and property certificate;

+ A judicial card (issued within the past 12 months as of the date of submission of the application to the competent authority);

+ A written certification of the marital status;

+ Documents evidencing the case of adoption of a specific child specified.

– Dossier of a person introduced for intercountry adoption comprises:

+ The birth certificate;

+ A health certificate granted by a district-or higher-level health agency;

+ Two photos of the whole body looking straight, taken within the past 6 months;

+ A record of certification made by the commune-level People’s Committee or police of the place in which the child is abandoned, for abandoned children; the death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;

+ The receipt decision, for children in a nurturing center.

+ Document on the remarkable characteristics, hobbies and habits of the child;

+ A document evidencing the failure of finding a domestic substitute family.

Some important notes regarding the application documents:

(i) Documents and materials in the adoption application of the adoptive parent or the adoption organization abroad, issued or certified by competent authorities of the foreign country, must be consularly legalized for use in Vietnam, unless exempted from consular legalization.

(ii) From January 8, 2025, any documents in the adoption application of the adoptive parent and the adopted child, including any documents issued, prepared, or certified by competent authorities, organizations, or individuals, that have been erased, altered, or contain falsified content or inaccurate information, will be deemed invalid. Additionally, individuals who engage in erasing, altering, or providing false information will be subject to legal penalties as prescribed by law.

b. Step 2: Examining and verifying dossiers and certifying children’s eligibility for being adopted

The Department of Justice is responsible for reviewing the adoption application and obtaining the opinion of the biological parents of the child to be adopted, or the individuals who consent to the adoption, in accordance with the regulations, within 20 days from the date the valid application is received.

In the case of abandoned children requiring verification, the competent authority will carry out the necessary verification. This must include a written verification and a clear conclusion from the provincial police about the origin of the abandoned child, confirming that the biological parents have not been identified, and that there are no issues related to human trafficking. If the adoption application indicates that the biological parents of the child reside in another locality, the provincial police in the adoption resolution area will directly verify the information or send a request to the provincial police in the area where the biological parents reside for verification.

>> CONDITIONS FOR ADOPTION BY FOREIGNERS IN VIETNAM https://linconlaw.vn/conditions-for-adoption-by-foreigners-in-vietnam/

>> [JANUARY 2024] LEGAL NEWSLETTER https://linconlaw.vn/january-legal-newsletter/

c. Step 3: The Ministry of Justice examnines and transfers the dossier of the adoption by foreigners

The Ministry of Justice checks and processes the adopter’s dossier within 15 days from the date of receipt of complete and valid dossier.

d. Decision to adopt children abroad and organizing the adoption

After completing all procedures, including reviewing, verifying the application, introducing the child for adoption, and receiving the notification from the Ministry of Justice as stipulated, the Department of Justice submits the case to the provincial People’s Committee for a decision regarding the child’s adoption abroad.

Within 15 days from the date the provincial People’s Committee receives the application from the Department of Justice, the provincial People’s Committee will make a decision on the child’s adoption abroad and organize the handover process according to the prescribed procedure.