Nowadays, it is not uncommon for foreigners to adopt a child. However, this adoption needs to meet the conditions and procedures as prescribed by law. Phuc Cau Law will provide to you the regulated conditions and procedures for adoption by foreigners in Vietnam in the article as below:
1. Cases of intercountry adoption
Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:
- He)she is the step father or step mother of the to-be-adopted child;
- He)she is 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;
- He)she is a foreigner currently working or studying in Vietnam for at least 1 year;
2. Conditions for foreigners to adopt a Vietnamese child
To adopt a Vietnamese child, overseas Vietnamese or foreigners permanently residing abroad must fully meet the following conditions, including:
– 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.
– Not falling into one of the following cases: currently serving an administrative handling decision at an education or medical treatment establishment, currently serving a prison sentence, having a criminal record relating to child trafficking, swapping and appropriation, etc.
In addition, the foreigners permanently residing abroad must satisfy conditions prescribed by the law of the country in which they permanently reside.
3. Dossier preparation
A dossier of an overseas Vietnamese or a foreigner permanently residing abroad seeking to adopt a Vietnamese must comprise:
- A written request for adoption;
- A copy of the passport or a valid substitute paper;
- A written permission for adopting a person in Vietnam:
- A completed questionnaire on psychology and family;
- A health certificate;
- An income and property certificate;
- A judicial record sheet:
- A written certification of the marital status;
- A document evidencing the case of adoption of a specific child specified in Clause 2, Article 28 of this Law.
Please note that Papers and documents must be made, issued or certified by competent agencies of the country in which the adopting person permanently resides.
4. Procedures for adoption by foreigners
Step 1: Adopting person submitted the dossiers directly to the provincial-level Justice Department of the place in which the person introduced for adoption permanently resides.
Step 2: Examining and verifying dossiers and certifying children’s eligibility for being adopted
Within 20 days after receiving a complete and valid dossier, the provincial-level Justice Department shall examine the dossier and consult persons specified. The consultation must be expressed in documents bearing the signatures or fingerprints of the consulted persons.
For an abandoned child who needs to be verified, the provincial-level Justice Department may request the provincial-level Police Department to verify; the requested Police Department shall conduct verification and issue a written reply within 30 days after receiving the request of the provincial-level Justice Department.
Step 3: The Ministry of Justice shall examine and process the dossier of an adopting person.
The Ministry of Justice shall examine and process the dossier of an adopting person within 15 days after receiving a complete and valid dossier.
After the time limit of announcement to find a substitute family for a child, if nobody in the country can be found, the Ministry of Justice shall send the dossier of the adopting person to the provincial-level Justice Department of the place in which the child introduced for adoption permanently resides for consideration and introduction for adoption in the order specified in Article 36 of this Law on adoption 2010, except the case specified as below:
+ In case the adopting person seeks to adopt a specific child, the Ministry of Justice shall transfer the dossier to the provincial-level Justice Department of the place in which the person introduced for adoption permanently resides for submission to the provincial-level People’s Committee for consideration and decision.
Step 4: Decision to allow children to be adopted by foreigners and organization of the delivery and receipt of adopted children
Within 15 days after receiving the dossier from the provincial-level Justice Department, the provincial-level People’s Committee shall decide to allow the child’s intercountry adoption.
Immediately after receiving the provincial-level People’s Committee’s decision to allow the child’s intercountry adoption, the provincial-level Justice Department shall notify the adopting person to come to Vietnam for receiving the child. Within 60 days after receiving the notice of the provincial-level Justice Department, the adopting person must be present in Vietnam; in case both husband and wife seek to adopt a child but either of them can not be present at the child delivery and receipt ceremony for an objective reason, he)she must make an authorization to the other; this time limit may be extended for a plausible reason but must not exceed 90 days. Past this time limit, if the adopting person fails to come to receive the child, the provincial-level People’s Committee shall cancel the decision to allow the child’s intercountry adoption
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