Intercountry adoption in Vietnam

Intercountry adoption means the adoption between a Vietnamese citizen and a foreigner, between foreigners permanently residing in Vietnam, and between Vietnamese citizens either of whom settles abroad.

1. Principles of intercountry adoption

Under the provisions of the Law on adoption, the intercountry adoption must comply with the following principles:

- When settling adoptions, the right of children to live in the family of origin must be respected.

- Adoption must ensure the legitimate rights and interests of adopted and adopting persons, free consent, equality, non-discrimination between male and female and non-violation of law and social ethics.

- Adoption by a person living abroad is allowed only when no domestic substitute family can be found.

2. Cases of intercountry adoption

Cases of intercountry adoption include:

- Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.

- 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;

- Vietnamese citizens permanently residing in the country adopt a foreign child.

- Foreigners permanently residing in Vietnam adopt a child in Vietnam.

3. Conditions of intercountry adoption

The conditions on adoptors and adopted children are provided by law as follows:

- Conditions on adopting person:

Overseas Vietnamese or foreigners permanently residing abroad who seek to adopt a Vietnamese must meet all conditions required by the law of the country in which they permanently reside. Vietnamese citizens who seek to adopt a foreigner must meet all conditions required by the law of the country in which the to-be-adopted person permanently resides. In addition, the adopting person must also meet the following conditions:

+ 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.

Thus, Vietnamese law combines between law of permanent residence place and law of Vietnam to control the intercountry adoption. This is necessary to ensure that the adopted child is cared for, and nurtured in the best possible environment

- Conditions on adopted children:

+ Children under 16 years.

+ Persons aged between full 16 years and under 18 years falling into either of the following cases:

- To be adopted by the step father or step mother;

- To be adopted by a natural aunt or uncle.

+ A person may be adopted by only one single person or two persons being husband and wife.