The case where a foreigner wants to adopt a Vietnamese child living in Vietnam is a case of adoption with a foreign element. So, what conditions must the parties meet? Through this article, BLawyers Vietnam will present to readers the necessary information related to the above issue.
I. Regarding the order of priority of adopting
Firstly, the law will consider the priority order to choose a new family for the adoptees. The specific order is as follows:
(i) The stepfather, stepmother, aunt, uncle, of the adopted person;
(ii) Vietnamese citizens permanently residing in the country;
(iii) Foreigners permanently residing in Vietnam;
(iv) Vietnamese citizens residing abroad;
(v) Foreigners permanently residing abroad.
Of note, in case there are many people with the same priority order applying to adopt one person, the person with the best conditions to raise, care for and educate the adopted child will be prioritized for consideration.
II. Conditions for adopters and adoptees
1. Adoption cases with foreign elements
In accordance with the law, only the foreigner who subjects to the following cases can adopt Vietnamese children:
(i) Foreigners permanently residing in the country which also is a party to an international treaty on adoption with Vietnam and adopt Vietnamese children;
(ii) Foreigners permanently residing abroad may adopt a specific child in the following cases:
- Being the stepfather or stepmother of the to-be-adopted child;
- Being the natural aunt or uncle of the to-be-adopted child;
- He/she has adopted a child who is a sibling of the to-be-adopted child;
- He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease; and
- He/she is a foreigner currently working or studying in Vietnam for at least 1 year.
(iii) Foreigners permanently residing in Vietnam adopt children in Vietnam.
2. Conditions for the foreign adopters
The adopter must fully meet the following conditions:
- Have full civil act capacity;
- Older than adopted children 20 years or more;
- Having health, economic, and accommodation conditions to ensure the care, upbringing, and education of adopted children;
- Have good moral character; and
- Not in the category of non-adopted children.
Of note, in case the stepfather adopts the stepchild of his wife, the stepmother adopts the stepchild of her husband or the natural aunt, uncle adopts the child, they do not have to meet the following conditions: (i) Older than adopted children 20 years or more; and (ii) Having health, economic, and accommodation conditions to ensure the care, upbringing and education of adopted children.
3. Conditions for the adoptees:
(i) Being a child under 16 years old;
(ii) Being the person from full 16 years old to under 18 years old if they fall into one of the following cases:
- Being adopted by a stepfather or stepmother;
- Being adopted by aunts, uncles.
Note, a person can only be adopted by a single person or of both people who are husband and wife.
In conclusion, the adoption of Vietnamese children by foreigners in Vietnam is a complicated matter and the adopters must know the relevant regulations.
Should you have any questions about the above contents, please revert to BLawyers Vietnam at firstname.lastname@example.org. We are more than happy to hear from you!
Date: 15 March 2022
Writer: Quang Nguyen
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