Conditions of Foreigner on Adoption in Vietnam
Nowadays, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody. Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family. However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.
ANT Lawyers will provide to you the regulated conditions of the adoptive parents need to be met as below:
I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:
The adoptive parent has to meet fully conditions as below for adoption:
- 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.
And not being one these following cases:
- Having some of the parental rights over a minor child restricted:
- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
- Currently serving an imprisonment penalty:
- Having a criminal record of commission of any of the crimes: 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; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENTS:
After meeting fully conditions above, Vietnamese living abroad, foreigners permanently living abroad will be entitled to adopt identified Vietnamese children if they fall into the following cases:
- Being the step father or step mother of the to-be-adopted child;
- Being natural aunt or uncle of the to-be-adopted child;
- Having adopted a child who is a sibling of the to-be-adopted child;
- Adopting a child who is disabled or infected with HIV/AIDS or another dangerous disease, including: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;
- Being foreigners currently working or studying in Vietnam for at least 1 year.
Foreigners would find it troublesome when dealing with Vietnam State Authorities due to the complexity of the requirements of the documents when applying for birth certificate involve foreigner being father or mother of the child.
Even if the mother and father of the child are not married, it is important that, the parents of the child are acknowledged so as the child, whether newly born or at any age could enjoy its full rights.
When the parents accept the child and agree to be named on the birth certificate, it is important that the birth certificate to be changed so as the legal rights are protected.