Adoption procedures for foreigners in Vietnam

Adoption procedures for foreigners in Vietnam is a complex legal process. This procedure requires adoptive parents to adhere to specific requirements and procedures. Therefore, foreigners wishing to adopt a child in Vietnam need to understand the steps, conditions, and necessary documents before proceeding. The following article by Long Phan provides detailed information on this matter.

Adoption procedures for foreigners

Conditions for Foreigners Adopting a Child in Vietnam

Foreigners seeking to adopt a child in Vietnam must meet specific conditions. These regulations apply to both foreigners residing in Vietnam and Vietnamese citizens living abroad. The Law on Adoption 2010 outlines detailed requirements on this issue.

Conditions for Foreign Adopters

According to Articles 29 and 14 of the Law on Adoption 2010,  foreigners wishing to adopt in Vietnam must meet these following conditions:

• Meeting the legal requirements of their country of residence.
• Having full civil capacity.
• Being at least 20 years or more older than the adopted person.
• Having adequate health, economic conditions, and housing to ensure the child’s care, upbringing, and education.
• Have good moral character.

In addition, the adopter must not fall into any of the prohibited categories, such as:

• Currently having some of the parental rights over a minor child restricted.
• Serving administrative penalties in educational or medical institutions.
• Serving a prison sentence.
• Not having their criminal record expunged for offenses involving the lives, health, or dignity of others; mistreatment or abuse of family members; enticing, coercing, or harboring minors in legal violation; trafficking, swapping, or seizing children.

Adhering to these regulations ensures the protection of the adopted child’s interests.

Conditions for Vietnamese Children to Be Adopted

Vietnamese children eligible for adoption must meet the following conditions:

• Under 16 years old
• From 16 to under 18 years old if adopted by a stepfather, stepmother, or an aunt, uncle, or grandparent
• Can only be adopted by a single person or a married couple

The state encourages the adoption of children in special circumstances such as:

• Orphans
• Abandoned children
• Children in difficult circumstances

The specific regulations on the age and conditions of children eligible for adoption are aimed at protecting the rights of children, ensuring that they are raised and cared for in a suitable environment.

Based on the content of Article 8 of the Law on Adoption 2010.

Procedure for Adopting a Child for Foreigners

The Adoption procedures for foreigners in Vietnam is strictly regulated. Adopters must follow the correct steps and prepare a complete document. This process ensures the rights of both the adopters and the adopted child.

Adoption Document

The document for Adoption procedures for foreigners including:

• Application for adoption.
• A copy of the passport or an equivalent valid document.
• A document permitting adoption in Vietnam.
• Psychological and family investigation report.
• Health status confirmation document.
• Income and asset confirmation document.
• Criminal record certificate.
• Marriage status certificate.
• Documents proving eligibility for specific adoption cases as per Article 28, Clause 2 of the Law on Adoption 2010.

When submitting documents to the Department of Adoption, the adopter, if adopting a child specifically under Article 28.2 of the Law on Adoption 2010, may also need to provide:

• A copy of the marriage certificate of the stepfather or stepmother with the biological mother or father of the child being adopted.
• Documents proving the adopter is an uncle, aunt, or other close relative of the child being adopted.
• A copy of the Vietnamese authority’s decision allowing the adoption and documents proving the child is a sibling of the adoptee.
• Documents proving the child being adopted falls into one of the categories outlined in Article 3.1 of the relevant decree.
• A confirmation from the local People’s Committee or police station showing the adopter has been working or studying continuously in Vietnam for at least one year up to the date of submitting the application to the Department of Adoption.

Documents for the Child Being Adopted

Documents for the child include:

• Birth certificate.
• Health check certificate from a district-level medical authority or higher.
• Two full-body, recent photos (taken within the last 6 months).
• Confirmation from the local People’s Committee or police station for abandoned children; death certificate of the biological parents or a court decision declaring them deceased; or court decisions regarding missing or incapacitated biological parents.
• Decision for the child’s placement in a care facility.
• A summary of the child’s characteristics, preferences, and habits, including health issues or daily routines, must be truthfully documented to assist the adoptive parents in caring for and raising the child.

If the stepfather or stepmother is adopting a biological child of their spouse, this document is not required.

Documents Proving Eligibility for Specific Adoption Cases

For children introduced through the referral process, the following documents are required:

• A document from the Department of Justice along with documents about domestic family search efforts for the child as per Article 15, Clause 2, Point c of the Law on Adoption 2010.
• A confirmation from the Department of Adoption indicating that the notification period has expired as per Article 15, Clause 2, Point d of the Law on Adoption 2010 without any domestic adopters.

Adopters must prepare all necessary documents for themselves and the child. Completing the documentation correctly facilitates a smooth and swift review process.

Based on Articles 31 and 32 of the Law on Adoption 2010; Articles 13 and 14 of Decree 19/2011/ND-CP dated March 21, 2011, detailing certain provisions of the Law on Adoption 2010 (amended by Article 6, Decree 24/2019/ND-CP).

Adoption procedures for foreigners in Vietnam

Adoption procedures for foreigners in Vietnam is as follows:

Step 1: Submit the document

• For direct adoption, the adopter submits the application directly at the Department of Adoptions.
• If there is a valid reason for not submitting the application in person, the adopter can authorize a relative residing in Vietnam to submit the application at the Department of Adoptions or send it by registered mail.
• For non-direct adoptions, the adopter residing in a country that has an international adoption agreement with Vietnam submits the application through their country’s licensed adoption organization in Vietnam. If no such organization exists, the adopter submits the application through their country’s diplomatic or consular representative in Vietnam.

Step 2: Authority Verification and Confirmation

• The Department of Justice is responsible for verifying the application and consulting with the biological parents within 20 days of receiving a complete application.
• If the biological parents are deceased, missing, incapacitated, or unidentified, consent must be obtained from the remaining parent or guardian.
• If the child is 9 years old or older, the child’s consent is also required.
• If the child is eligible for foreign adoption, the Department of Justice confirms and forwards the case to the Ministry of Justice.

Step 3: Verification and Forwarding of Adopter’s Application

• Upon receiving a complete application from the adopter, the Department of Adoptions verifies it within 15 days.
• For direct adoptions, the Ministry of Justice forwards the application to the Department of Justice in the locality where the child resides for provincial approval.
• If the child is not adopted domestically after the notification period, the application is forwarded to the Department of Justice where the child resides for foreign adoption processing.
• Within 30 days, the Department of Justice reviews the application and reports to the provincial authority.
• The Ministry of Justice then verifies and confirms the adoption within 30 days and notifies the adoptive parent’s home country authority.
• Within 15 days of receiving confirmation from the adoptive parent’s home country, the Ministry of Justice notifies the Department of Justice.

Step 4: Decision on Foreign Adoption

• The Department of Justice submits the case to the provincial authority for a decision on the foreign adoption.
• Within 15 days of receiving the case, the provincial authority decides on the adoption.
• The Department of Justice notifies the adopter to come to Vietnam to receive the child within 60 days. This period can be extended to 90 days for valid reasons. Failure to do so will result in the cancellation of the adoption decision.

Step 5: Handing Over the Adopted Child

• The Department of Justice registers the adoption and organizes a handover ceremony.
• A handover record, signed by all parties and the Department of Justice representative, is created.
• The Department of Justice sends the adoption decision and handover record to the Ministry of Justice and the local authority where the child resides.
• The Ministry of Justice informs the Ministry of Foreign Affairs to notify the Vietnamese diplomatic mission abroad.

Note:

• Documents in the adopter’s application must be legalized unless exempted.
• Adoptive parents must report to the Ministry of Justice and the Vietnamese representative abroad on the child’s health, physical and mental condition, and integration every six months for three years after the adoption.

Based on Articles 28 to 39 of the Law on Adoption 2010; Articles 14, 16, 17, and 18 of Decree 19/2011/ND-CP (amended by Articles 6 and 7 of Decree 24/2019/ND-CP).

Carrying out adoption procedure for foreigners in Vietnam

Important Notes on Foreigners Adopting a Child in Vietnam

Adoption procedures for foreigners in Vietnam may encounter some challenges. Foreign adopters must aware of important issues to ensure a smooth adoption process. Specifically, the complex legal and administrative procedures present significant challenges. Therefore, adopters should:

• Thoroughly Understand Vietnamese Adoption Laws: Familiarize yourself with Vietnamese laws and regulations regarding adoption.
• Prepare Complete Documentation: Ensure all required documents are prepared according to regulations.
• Follow Procedures and Deadlines: Adhere strictly to the outlined processes and timelines.
• Consult a Specialized Lawyer: Seek advice from a lawyer with expertise in adoption matters.

Legal Issues to Consider After Adoption:

• Immigration Procedures for the Adopted Child: Ensure all immigration paperwork for the child is completed.
• Nationality Registration: Register the child’s nationality.
• Periodic Reporting: Report on the child’s status as required.

Understanding and complying with legal and administrative regulations will help ensure a smooth and lawful adoption process.

Consulting and Support Services for Foreign Adoptions in Vietnam

Long Phan offers consulting and support services to assist foreigners in navigating the adoption process in Vietnam. We are ready to support you through all steps, including consulting, process guidance, and resolving any issues that arise. Our specific services include:

• Consultation on adoption conditions and procedure.
• Supporting in preparing and completing adoption documents for foreigners.
• Communicating with authorities on behalf of customers.
• Supporting in addressing obstacles during the Adoption procedures for foreigners process.

Consulting on child adoption for foreign

Adoption procedures for foreigners in Vietnam is a complex procedure requiring specific conditions and processes. Legal issues and administrative procedure are noticeable challenges that must be addressed. Long Phan’s consulting services for foreign adoptions in Vietnam provide an effective solution. For any questions, please contact Long Phan at hotline 090.673.5386 further assistance.