WHO ARE NOT PERMITTED TO ADOPT?

The State protects the right to adopt children and the right to be adopted for individuals, to ensure a family environment for the best development of children. However, to adopt a child, the individual in need must meet certain conditions. In case the subject does not meet the requirements, the individuals will fall into the cases not permitted to adopt.

1. What are the conditions for an individual to adopt a child?

To be approved on registration to adopt a child, the adoptive parent must meet the following conditions:

– Having full civil act capacity;

– Being 20 years or more older than the adopted person;

– Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

– Having good ethical qualities.

In cases where a stepfather adopts his wife’s stepchild, a stepmother adopts her husband’s stepchild, or a biological aunt, uncle, or aunt adopts a grandchild, the age regulations (more than adopted children 20 years of age or older) and health, economic, and accommodation conditions to ensure the care, upbringing, and education of adopted children.

2. Who are not permitted to adopt?

The persons in the following cases are not permitted to adopt:

– Having some of the parental rights over a minor child restricted:

– Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

– Currently serving an imprisonment penalty;

– 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.

>> PROCEDURES FOR ABANDONED CHILD ADOPTION https://linconlaw.vn/procedures-for-abandoned-child-adoption/

>> THE RIGHT TO UNILATERALLY TERMINATE THE CONTRACT “DUE TO A FUNDAMENTAL CHANGE IN CIRCUMSTANCES” DURING THE COVID-19 PANDEMIC https://linconlaw.vn/the-right-to-unilaterally-terminate-the-contract-due-to-a-fundamental-change-in-circumstances-during-the-covid-19-pandemic/

3. In some cases, adoption is terminated after registration

In addition to cases of being permitted to adopt, adoption after registration can still be terminated in the following cases:

– The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;

– The adopted child is convicted of any of the following crimes: intentionally infringing upon the lives, health, dignity and honor of the adoptive parents; maltreating and persecuting the adoptive parents and dissipating the adoptive parents’ property;

– The adoptive parents are convicted of intentionally infringing upon the lives, health, dignity and honor of the adopted child; or maltreating and persecuting the adopted child;

– Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children.

– Forging papers for adoption settlement.

– Discriminating between natural and adopted children.

– Taking advantage of adoption to violate the population law.

– Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives.

– Grandparents adopting their grandchildren or siblings adopting one another.

– Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.