Professionals at ANT Lawyers are experienced in both foreign and domestic adoption. Currently there are 54 different ethnic minority groups living in Vietnam making the adoption process more and more complex. Until 2010, adoption in Vietnam was regulated in Law on Marriage and Family but later the Vietnam National Assembly issued the Law on Adoption (LOA) to clarify the legal situation. Under Vietnamese law, foreign adoption procedures are carried out by the combination of responsible authorities of the provincial Department of Justice, Ministry of Justice and provincial People’s Committee. The provisions for international adoptions are stipulated in Articles 14 & 28 of the LOA. The general conditions in article 14 LOA guide on various general requirements that must be fulfilled by the adopter as follows: the adopter must have full civil capacity; the adopter must be at least 20 years older than the to-be-adopted child; having satisfactory health, financial conditions and accommodations to assure the care and education for the adopted child.
Furthermore, foreigners must meet the legal requirements of their home countries concerning adoption and in addition they also must meet one of the following conditions: (1) The adopters’ country of residence is a contracting party of an adoption treaty where Vietnam has also signed to. One example for such an treaty is the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption, whereby 90 parties have already signed to it.(2) He/she who is permanently residing abroad is the step father or step mother, natural aunt or uncle, sibling of the to-be-adopted child or adopts a specific child who is disabled or infected with HIV/AIDS or another dangerous disease or currently works or studies in Vietnam for at least 1 year; (3) If an adopter ispermanently residing in Vietnam, he/she may adopt a Vietnamese child disregarding of his/her own nationality.If a Vietnamese person wants to adopt a foreign child, he/she must satisfy the conditions stipulated in Article 29, Clause 2 of the LOA: (1) Conditions in Article 14 of the LOA as mentioned above; (2) Legal requirements for adopters of the country where the to-be-adopted child resides in. As foreign adoption has risen dramatically in Vietnam, ANT Lawyers provides experience and sound insight for foreigners who wish to adopt Vietnamese children.Relevant regulations1/ Law on Adoption 2010 took effect on January 1, 2011.2/ Degree No.19/2011/ND-CP providing in detail for implementation of a number of articles of the law on adoption took effect on May 8, 2011.3/ Circular No.21/2011/TT-BTP on the management of foreign adoption offices in Vietnam took effect on January 1. 2011.
Today, 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 procedure are considered and controlled stringently by competent authorities of Government.
ANT Lawyers will provide to you the regulated conditions of the adoptive parent 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:
a) Having full civil act capacity;
b) Being 20 years or more older than the adopted person;
c) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d) Having good ethical qualities.
And not being one these following cases:
a) Having some of the parental rights over a minor child restricted:
b) Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c) Currently serving an imprisonment penalty:
d) 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 PARENT:
After meeting fully conditions above, the foreigners who wish to adopt Vietnamese children could to be accepted if they are belong to one of this following cases:
a) The adoptive parent is the step father or step mother of the to-be-adopted child;
b) The adoptive parent is the natural aunt or uncle of the to-be-adopted child;
c) The adoptive parent has adopted a child who is a sibling of the to-be-adopted child;
d) The adoptive parent adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease, include: 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;
e) The adoptive parent is a foreigner currently working or studying in Vietnam for at least 1 year; both the wife and husband have to meet this condition if they want to adopt the child together.
3. Foreigners permanently residing in Vietnam adopt a child in Vietnam
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