Conditions with foreign elements for adoption of a child in Vietnam

Vietnam has recognized adoption as one of the fundamental human and civil rights, prescribed under the Constitution and the law for a long time. With the rise in migration and international integration, the adoption of children involving foreign elements in Vietnam has become increasingly common. However, due to the complexity of the legal regulations governing this matter, it is crucial to understand and comply with all relevant legal regulations fully.

In this article, BLawyers Vietnam presents the legal regulations governing the adoption of children with foreign elements in Vietnam, including the permissible cases for adoption, the conditions, and the required documentation to complete the foreign-related adoption process as stipulated by Vietnamese law.

Definition of adoption with foreign elements

First, it is essential to define adoption. According to the Law on Adoption 2010, adoption means the establishment of a parent-child relationship between the adoptive and the adopted persons. Adoption with foreign elements refers to the adoption between a Vietnamese citizen and a foreigner, between foreigners permanently residing in Vietnam, or between Vietnamese citizens, either of whom is settled abroad.

While the current law on adoption does not provide a specific definition of a “foreigner”, pursuant to Law on entry, exit, transit, and residence of foreigners in Vietnam, a foreigner is considered to be an individual holding documents proving foreign nationality, such as a passport or legally recognized identification papers, as well as stateless individuals entering, exiting, or residing in Vietnam.

Thus, in the cases between a Vietnamese citizen and a foreigner; between foreigners residing in Vietnam; or between Vietnamese citizens, either of whom is settled abroad, that wish to adopt a child in Vietnam, they shall comply with the legal conditions for foreign-related adoption as stipulated by law.

Cases of adoption involving foreign elements

According to the Law on Adoption 2010, when settling adoptions, it shall ensure the legitimate rights and interests of adopted and adoptive persons, free consent, equality, and non-discrimination between male and female and non-violation of law and social ethics. Adoption by foreigners is permitted only when no domestic substitute family can be found in Vietnam. Accordingly, foreigners may adopt children in the following cases:

1. Vietnamese citizens residing abroad or foreigners residing in a country that is a signatory to an international treaty on adoption with Vietnam may adopt Vietnamese children.
2. Vietnamese citizens residing abroad or foreigners residing abroad may adopt a child in specific cases, including:
   • A stepfather or stepmother adopting their spouse’s child;
   • A natural aunt, uncle, or other close relative adopting the child;
   • When the adopted child is a natural sibling of the adoptee;
   • Adopting a child with disabilities or serious illnesses, such as a child with a cleft lip or palate, blindness in one or both eyes, deafness, or muteness; a child with limb deformities or missing limbs; a child with HIV; a child with heart disease; or a child with other severe or life-threatening conditions, for whom adoption opportunities are limited; or
   • A foreigner who has been working or studying in Vietnam for at least one year.
3. Foreigners residing permanently in Vietnam may adopt children in Vietnam.

Conditions for foreigners wishing to adopt a child in Vietnam

Foreigners residing abroad who wish to adopt a Vietnamese child shall meet the legal requirements of their country of residence. Additionally, they shall also meet the following conditions under Vietnamese law:

1. They shall have full civil act capacity;
2. They shall be 20 years or more older than the adopted person;
3. They shall have the necessary health, financial stability, and accommodation conditions for assuring the care for and nurturing and education of the adopted child; and
4. They shall have good ethical qualities.

However, under the current law, where a stepfather adopts his spouse’s child, a stepmother adopts her spouse’s child, or a natural aunt, uncle, or other close relative adopts a child, the requirements regarding the age gap of 20 years and the conditions related to health, finances, and accommodation conditions are not mandatory.

Cases where adoption is prohibited in Vietnam

The following persons may not adopt a child in Vietnam:

1. They have had some parental rights over a minor child restricted;
2. They are currently serving an administrative handling decision at an educational institution or medical treatment establishment;
3. They are currently serving an imprisonment penalty;
4. Their criminal record of commission of any of the crimes has not yet been remitted: 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; or trafficking in, fraudulently swapping or appropriating children.

Conditions for a child to be adopted

According to Vietnamese law, not every child is eligible for adoption. To be adopted, a child shall meet the following conditions:

1. A person can only be adopted by a single person or by both spouses jointly;
2. The child to be adopted shall fall into one of the following categories:
   1. Children under 16 years old; or
   2. Persons aged between full 16 years and under 18 years falling into either of the following cases:
      • To be adopted by a stepfather or stepmother; or
      • To be adopted by a natural aunt, uncle, or other close relative; or
      • A person may only be adopted by a single person or by both spouses.

When all the above conditions are met, the foreign adoptive parent needs to prepare (i) 02 dossiers to be submitted to the Adoption Department of the Ministry of Justice, and (ii) 03 dossiers of the child to be submitted to the Department of Justice to register adoptions. Depending on the specific case, the competent authorities may require different documents, but in general, the adoptive parent shall provide several important documents such as: a document granting permission to adopt a child in Vietnam; a psychological and family assessment report; a health certificate, along with documents verifying income and assets…

The adoptive parent should also note that any documents issued or certified by foreign authorities shall be consularly legalized for use in Vietnam, unless exempted from legalization under an international treaty to which the Socialist Republic of Vietnam is a signatory, or under the principle of reciprocity.

These are the legal regulations that foreign persons must consider when seeking to adopt a child in Vietnam. To be granted an adoption certificate, the parties involved shall ensure compliance with (i) the conditions for foreigners wishing to adopt and (ii) the conditions for the child being adopted. Understanding and adhering to these regulations not only protects the rights of all parties involved but also saves time and costs in the adoption process in accordance with Vietnamese law.

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.

Date: 30 October 2024

Writer: Thao Luu