Nowadays, some people may want to raise a child without firstly getting married. Thus, they can seek to adopt a child. However, if the adopted child is to receive inheritance or receive a benefit from the parents, the parents and the adopted child must satisfy certain conditions. This post shall provide legal analysis regarding the procedure for adopting a child.
Firstly, the adopter must satisfy certain conditions based on Article 14.1 of the Law on Adoption 2010 as follows:
a. Having full civil act capacity;
b. More than 20 years older than the adopted child;
c. Having good health, economy, and accommodation to ensure the adopted child is well fed and educated; and
d. Having good ethical qualities.
However, some individuals will not be able to adopt a child in any of the following cases:
a. The parent is restricted from adopting young children;
b. Currently executing decisions on administrative handling at educational institutions and medical treatment establishments;
c. Currently serving an imprisonment penalty; and
d. Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honour; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harbouring a minor violator; child trafficking or fraudulently swapping/appropriating children, which has not been remitted yet.
If a stepfather adopts a stepchild from his wife, or a stepmother adopts a stepchild, or aunts, uncles, aunts, uncles do not apply the provisions of Points b and c, Clause 1. Article 14 of the Law on Adoption 2010.
Secondly, the law also stipulates conditions for adopted children as follows:
a. Children have to be under 16 years old;
b. Persons aged from full 16 to under 18 years old in one of the following cases:
- Adopted by stepfather, stepmother; or
- Being adopted by aunts, uncles, aunts.
c. A person may only be adopted by a single person or by a husband and wife; and;
d. The State encourages the adoption of orphans, abandoned children and children in other special circumstances.
Thirdly, after meeting the above conditions, the applicant will proceed to apply for adoption. Records include:
Dossier of adopters includes:
a. Application for adopted child;
b. Copy of Passport, Identity Card or valuable paper substitutes;
c. Judicial CV card;
d. Documents certifying marital status; and;
e. Health certificate issued by the district health agency or higher; a document certifying family circumstances, housing status, and economic conditions issued by the commune-level People’s Committee where the adopting permanent resident, except for the case specified in Clause 3, Article 14 of this Law.
A dossier of a domestic adopted child includes:
a. Birth certificate;
b. Health certificate issued by the district health agency or higher;
c. Two full-body photos, of no more than 06 months old and with the subject facing straight to the camera;
d. A written certification made by the People’s Committee or the Commune Police where the child was found abandoned; the death certificate of the natural father or mother, or a decision of the Court declaring that the father or mother of a child is dead; the court’s decision declaring the biological father or mother of the person who is introduced to be adopted as missing,; the court’s decision declaring that the natural father or mother of the person who is being adopted is incapable of civil acts against him/her and that the father and mother lost civil act capacity; and
e. Admission decision for children in foster facilities.
The biological parents or guardians compile dossiers of the adopted children who live at home; the foster establishment makes a record of the children who are introduced to be adopted at the foster facility.
Fourthly, Settlement agency
- The People’s Committee of the ward or commune where the person introduced to be adopted permanently resides or where the adopting person permanently resides.
- Within 30 days after the commune-level People’s Committee receives a complete and valid dossier.
Thus, in addition to meeting the requirements of the adopting person, the adopted person must also meet the statutory requirements. In addition, we must pay attention to the settlement agency and the statutory processing time.
The adoption procedure is still very difficult in practice, so you should seek a reputable law firm to support the implementation of the procedures.
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P & Associates is a professional law firm which is established in Vietnam with nearly 100 members working in three offices in Ho Chi Minh city, Hanoi and Danang. P & Associates is also recognised as one of the largest and most highly regarded corporate law firms in Vietnam which has leading expertise in areas of Labour & Employment, Taxation, Corporate/Mergers and Acquisitions, and Litigation. We are confident in providing valuable services regarding the procedure for adopting a child to the client.