Child Adoption with Foreign Elements
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:
+
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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