Procedures for Foreigners to Adopt a Child is a deeply personal decision and a complex and detailed legal process. The adoption procedures require strict compliance with legal regulations to ensure the best interests of both the child and the adoptive family. In an increasingly developed society, understanding and properly implementing adoption procedures helps prospective parents prepare better for this journey and contributes to creating a safe and healthy living environment for children – the nation’s future.
1. Definition of Adoption with a Foreign Element
According to Clause 5, Article 3 of the Law on Adoption, adoption with a foreign element involves the adoption of a child between a Vietnamese citizen and a foreigner, between foreigners residing in Vietnam, or between Vietnamese citizens, one of whom resides abroad. Adoption aims to establish a lasting parent-child relationship in the best interests of the adopted child, ensuring the child is nurtured, cared for, and educated in a family environment (as per Article 2 of this Law).
2. Conditions for Foreigners to Adopt a Child in Vietnam
Foreigners residing abroad and foreigners residing in Vietnam must meet the conditions specified in Article 14 of the Law on Adoption, including:
- Full civil act capacity;
- At least 20 years older than the adopted child;
- Having health, economic, and housing conditions ensures the care, nurturing, and education of the adopted child;
- Having good moral character;
- Not falling into categories such as being under administrative probation, undergoing imprisonment, or not yet having a criminal record for crimes like child trafficking, swapping, or kidnapping…
Additionally, foreigners residing abroad must also meet the legal conditions of their country of residence.
3. Conditions for the Adoptee
According to Article 8 of the Law on Adoption, the adoptee includes:
- Children under 16 years old;
- Persons from 16 to under 18 years old fall into one of the following cases:
- Adopted by a stepfather or stepmother;
- Adopted by a paternal or maternal uncle or aunt.
- A person can only be adopted by one single person or a married couple.
- The State encourages the adoption of orphans, abandoned children, and children with special circumstances.
4. Dossier of Foreigners Adopting a Child in Vietnam
4.1. For foreigners residing abroad
According to Clause 1, Article 31 of the Law on Adoption, the dossier includes:
- Application for adoption;
- Passport or equivalent document (Copy);
- Document permitting the adoption of a child in Vietnam;
- Psychological and family investigation report;
- Health certificate;
- Income and property confirmation;
- Judicial record;
- Marital status certificate;
- Documents proving eligibility for specific adoption cases (if any).
The dossier of foreigners residing abroad must be issued or authenticated by the competent authority of the country where the adopter resides.
4.2. For foreigners residing in Vietnam
According to Article 17 of the Law on Adoption, the dossier includes:
- Application for adoption;
- Copy of Passport, Identity Card, or equivalent document;
- Judicial record;
- Marital status certificate;
- Health certificate issued by a district or higher-level health authority;
- Document confirming family circumstances, housing, and economic conditions issued by the Commune People’s Committee where the adopter resides, except for cases of step-parent adoption or adoption by close relatives.
5. Dossier of the Child Introduced for Adoption
5.1. Domestic
- Birth certificate;
- Health certificate issued by a district or higher-level health authority;
- Two full-body photos taken within the last 6 months;
- Confirmation minutes issued by the Commune People’s Committee or Police where the child was found abandoned; Death certificate of biological parents or a court decision declaring biological parents dead for orphans; Court decision declaring biological parents missing or incapacitated for children introduced for adoption.
- Reception decision for children in nurturing facilities.
5.2. International
- Documents specified for domestic adoptees;
- Documents about the child’s characteristics, preferences, and habits;
- Evidence of efforts to find a domestic replacement family but were unsuccessful.
Note: Documents issued by foreign authorities must be legalized for use in Vietnam unless exempted under international treaties.
6. Adoption Procedures
6.1. Domestic Adoption
According to Article 41, the procedures for foreigners residing in Vietnam to adopt a child include:
Step 1: Submit the Adoption Dossier
The adopter submits the corresponding dossier as per Sections 4.1 and 5.1 to the Department of Justice where the adoptee resides. *The fee for foreigners residing in Vietnam adopting a Vietnamese child: 4,500,000 VND/case (Decree No. 114/2016/ND-CP).
Step 2: Dossier Verification
Within 20 days from the date of receiving a complete dossier, the Department of Justice is responsible for verifying the dossier, consulting with biological parents or guardians, and the child if over 9 years old…
Step 3: Decision Making Within
15 days from the date of receiving the dossier from the Department of Justice, the Provincial People’s Committee decides whether to permit the foreigner residing in Vietnam to adopt the child; if refused, the decision must be provided in writing with reasons.
Step 4: Adoption Ceremony Immediately
after the decision of the Provincial People’s Committee, the Department of Justice registers the adoption and organizes the adoption ceremony. If the adopter does not come to receive the child without a legitimate reason, the Provincial People’s Committee will cancel the adoption decision.
6.2. International Adoption
According to Articles 33 to 38 of the Law on Adoption, the procedures for foreigners residing abroad to adopt a child in Vietnam include:
Step 1: Submit the Adoption Dossier
The adopter submits the corresponding dossier as per Sections 4.2 and 5.2 to the Department of Justice where the adoptee resides. *The fee for foreigners residing abroad adopting a Vietnamese child: 9,000,000 VND/case (Decree No. 114/2016/ND-CP).
Step 2: Dossier Verification
Within 20 days from the date of receiving a complete dossier, the Department of Justice verifies the dossier, consults with related parties about the adoption, and if the child is eligible for international adoption, forwards the dossier to the Ministry of Justice.
Step 3: Ministry of Justice Review
The Ministry of Justice reviews and processes the dossier within 15 days of receiving a complete dossier. If domestic adoption is unsuccessful, the dossier is forwarded to the Department of Justice for consideration and introduction of the child for international adoption. For specific adoption cases as per Clause 2, Article 28, the Ministry of Justice forwards the dossier to the Department of Justice for submission to the Provincial People’s Committee.
Step 4: Decision Making
Within 15 days of receiving the dossier from the Department of Justice, the Provincial People’s Committee decides on the international adoption. The adopter must arrive in Vietnam within 60 days from the notification to complete the adoption.
Step 5: Adoption Ceremony
The Department of Justice registers the adoption and organizes the adoption ceremony at its office. The ceremony includes a written record signed by all parties and the Department of Justice representative. The Ministry of Justice notifies the Ministry of Foreign Affairs for communication with Vietnamese representatives abroad to take protective measures if necessary.
The article provides information on legal regulations related to foreign adoption procedures in Vietnam. HMLF will assist in answering questions or supporting the entire adoption process.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn; luatminhnguyen.com
Email: miller@hmlf.vn
