Presently, there are
many foreign people want to adopt a Vietnamese. Besides, the law of Vietnam
also has strict regulations for child adoption by foreigners.
First is the adoption
of specific child by foreigners. The Adoption Act 2010 defined that the
Vietnamese residing abroad and foreigners permanently residing overseas are
allowed to adopt specific child in the following cases:
As stepfather or
stepmother of the adopted person;
As uncle or aunt of the
adopted person;
Has adopted children
who are siblings of the children that are adopting;
Adopt children with
disabilities, HIV / AIDS or other fatal diseases;
As foreigners who are
working and studying in Vietnam for at least 01 years.
In which the 4th case
is a special case that are encouraged by the State with simpler procedures than
other cases.
The order and
procedures for adoption of child will be conducted as follows:
The
profile of child adopting people includes:
+ Application for
adoption by name;
+ A copy of the
passport or replacing document that have the same value;
+ The written
permission for child adoption in Vietnam;
+ The psychological and
family investigation;
+ Documents certifying
health status;
+ Documents certifying
income and assets;
+ Judicial record;
+ Documents certifying
marital status;
+ Documents evidencing
eligible for child adoption by name.
+ In case of specific
child adoption for children over 5 years old and two or more siblings, the
record must clearly state the psychological preparation plan for children,
preparing conditions for children to integrate into the new family, culture and
society environments.
The above documents are
issued and certified by the competent authority where the child adopting people
permanently reside. To be certified by the State of Vietnam, it should be
certified through the procedure of consular legalization.
The
profile of children to be adopted includes:
+ Birth certificate
+ Certification of
health issued by the district or higher health authorities;
+ Two full body and
looking straight images, which was taken within 06 months
+ Documents about the
noteworthy characteristics, preferences and habits of children.
These papers are issued
by nurturing organizations or natural parents / guardians of children.
Profiles of the child
adopting person and the child being adopted are submitted directly at the
Bureau for adoption. The case that cannot submit the profile directly at the
Bureau for adoption, the child adopting person have to authorize by written
document their relatives residing in Vietnam to submit the profile at the
Bureau for adoption or send the profile through post office in the form of
guarantees.
In the procedure of
adoption of specific children with disabilities, HIV / AIDS or suffering from
serious diseases, Vietnam law allows the free implementation of procedures to
find alternative families and introduce children for adoption. The meaning of
this is to shorten the procedure, creating condition for these children to be
adopted and nurtured in an enabling environment.
After receipt of the
application for adoption, Bureau of adoption will check and appraisal the
profile to determine that the child adopting people was certified by the
competent authorities of the country where he or she resides that he or she
satisfy the eligibility for child adoption under the laws of that country and
under the laws of Vietnam.
Towards the child to be
adopted, after receiving profile from natural parents or guardians of the
child, Bureau for adoption has the responsibility to inspect children’s record,
conduct consultation with the natural father / mother or the guardians of child
about the child adoption for foreigner during 07 working days.
Within 07 working days
from the expiration date of changing opinion about the child adoption for
foreigner of the natural parents or guardians of children, if children are
eligible to be adopted by foreigner, who are entitled to adoption by name,
Bureau for adoption will report the Department of Justice, Department of
Justice will certify by document that the children eligible for adoption by
foreigner. Finally, Department of Justice submits to the Provincial People’s
Committee decided to allow the foreigner to adopt the children.
Second is the adoption
of child not by name with foreign element. The adoption of child not by name
with foreign element is the cases when Vietnamese residing abroad, foreigners
reside in the country in which that country is a member of international
treaties on child adoption with Vietnam and adopt Vietnamese children; Vietnam
citizens residing in Vietnam adopt foreign children; foreigners permanently
residing in Vietnam adopt Vietnamese children.
For
the adoption case that not by name, the order and procedures will include:
+ The profile of people
that want to adopt children should be submitting to the Bureau for adoption
through the adoption agencies of that country that are licensed to operate in
Vietnam. If that country does not have adoption agencies licensed to operate in
Vietnam, the adoption profile should be submitting to the Bureau for adoption
through diplomatic representative offices or consular office of that country in
Vietnam.
+ The profile of children
being adopted will be submitted by natural parents or guardians of the children
at the Bureau for adoption.
+ The Bureau for
adoption receives, inspect and evaluate profile of the child adopting people
and children being adopted.
Compared to the case of
adoption by name with children with disabilities, HIV / AIDS or other serious
diseases, the case of adoption not by name, the Department of Justice has to
implement the procedure to find alternative family and introduce children for
adoption. The meaning of these two procedures is to encourage local Vietnamese
permanent residing in Vietnam to adopt Vietnamese children, enabling Vietnamese
children to live, learn and develop in their own homeland. Only when the above
procedure to find alternative family and introduce children for adoption have
finished without any local people want to adopt that children, the Department
of Justice will consider deciding for the children to be adopted by foreigner.
The notice period to
find alternative family is regulated as 60 days, during this period, if any
Vietnamese wants to adopt children, they should contact the Commune People’s
Committee where children resides to consider and settle the adoption. If time
runs out 60 days, the Department of Justice has to prepare a list of children
who need to find alternative families and submit to the Ministry of Justice.
On the other hand,
within 30 days after receiving profile from foreigner that want to adopt
Vietnamese children, the Department of Justice has to review and introduce
children to be adopted on the basis of children with no domestic adoption.
After introducing children to be adopted, the Department of Justice reported
the Provincial People’s Committee for comments.
The case that the
Provincial People’s Committee disagrees, they have to send a written document
stating the reasons and submit to the Department of Justice. On the other hand,
the case that the Provincial People’s Committee agrees, within 07 working days,
the Provincial People’s Committee decided for children for abroad adoption.
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