Adoption involving foreign elements is an important legal procedure, directly related to children’s rights and the legal relationship between the adopter and the adoptee. In Vietnam, this procedure is regulated by the 2010 Law on Adoption and related guiding documents. For foreigners or Vietnamese people residing abroad who wish to adopt Vietnamese children, they must fully comply with the conditions, procedures, and document requirements prescribed by law.
In the article below, we will present in detail the important contents related to the adoption procedure for foreigners in Vietnam, including adoption conditions, document components, fees to be paid, and necessary legal notes to help those in need prepare fully and in accordance with regulations.
CÔNG TY LUẬT TNHH DƯƠNG GIA - CHI NHÁNH ĐÀ NẴNG
Địa chỉ: 141 Diệp Minh Châu, phường Hòa Xuân, thành phố Đà Nẵng
Điện thoại: 0931548999; 02367300899
Legal Basis
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Decree 114/2016/NĐ-CP of the Government.
1. What is foreign-related adoption?
According to Clause 5, Article 3 of the 2010 Law on Adoption, foreign-related adoption is the adoption between a Vietnamese citizen and a foreigner, between foreigners permanently residing in Vietnam, or between Vietnamese citizens where one party resides abroad.
2. Conditions for registering for adoption involving foreign elements
2.1. Conditions for adopters involving foreign elements
Foreigners wishing to adopt Vietnamese children must simultaneously satisfy the conditions prescribed by Vietnamese law and the law of the country where they permanently reside.
According to Article 14 of the 2010 Law on Adoption, adopters involving foreign elements must satisfy the following conditions:
– Be at least 20 years older than the adopted child (1)
– Have full civil capacity and good moral character.
– Have suitable conditions to ensure the nurturing, care, and education of the adopted child, including: (2)
- Stable health status;
- Suitable financial capacity;
- Have a legal place to live, ensuring a living environment for the child.
In addition, Vietnamese law strictly prohibits the following subjects from adopting children:
– People whose parental rights towards their minor children are restricted.
– People who are serving a prison sentence or are serving an administrative decision at a compulsory drug rehabilitation facility or compulsory education facility.
– People who have been convicted (not yet had their criminal record expunged) of one of the following crimes:
- Exchanging, appropriating or buying and selling children;
- Intentionally violating the life, health, dignity or honor of another person;
- Forcing, enticing or harboring a minor who violates the law;
- Abusing or torturing grandparents, parents, spouses, children, grandchildren or people who have raised them.
Note: In the following cases, the adoptive parent with foreign elements does not need to consider conditions (1) and (2):
The adoptive parent is the stepfather or stepmother of the adoptee.
The adoptive parent is the biological aunt or uncle of the adopted child.
2.2. Conditions for children to be adopted
Pursuant to Article 8 of the 2010 Law on Adoption, children to be adopted by foreigners must satisfy the following conditions:
– Be under 16 years old.
– Children from 16 to under 18 years old can only be adopted if they fall into one of the following cases:
- Be adopted by a stepfather or stepmother;
- Be adopted by a paternal uncle, paternal aunt, or paternal great-grandmother.
In addition, the law also stipulates the following principle: A person can only be adopted by a single person or a married couple who are adoptive parents. They cannot be adopted by multiple people or two individuals who are not married at the same time.
3. Fees for Intercountry Adoption in Vietnam
According to Article 6, Decree 114/2016/NĐ-CP, the registration fees are:
| Case | Fee |
|---|---|
| Overseas Vietnamese or foreigners residing abroad adopting a Vietnamese child | 9,000,000 VND |
| Foreigners permanently residing in Vietnam adopting a Vietnamese child | 4,500,000 VND |
| Foreigners residing in the border areas of neighboring countries adopting Vietnamese children in the border areas | 4,500,000 VND |
| Adoption registered at a Vietnamese diplomatic mission abroad | 150 USD |
Fee-collecting authority: The Department of Justice (provincial level), where the adoption is registered.
In addition to the above fees, in the case that the adoptive parent is a foreigner who does not permanently reside in Vietnam, they must also pay an amount to cover the costs related to the process of settling the adoption involving foreign elements. Specifically, including:
- Costs of raising, caring for, and educating the child from the time the child is introduced for adoption until the completion of the adoption handover procedures;
- Costs of verifying the origin of the child introduced for adoption;
- Costs of organizing the adoption handover;
- Reasonable remuneration for officers and employees of the foster care facility where the child is being cared for.
4. Application for adoption involving foreign elements
According to the provisions of the 2010 Law on Adoption, the application for adoption involving foreign elements includes two main components: the application of the adoptive parent and the application of the adoptee.
4.1. Adoptive parents’ profile (02 sets)
Pursuant to Article 31 of the 2010 Law on Adoption, adoptive parents need to prepare the following documents:
- Criminal record.
- Adoption application.
- Copy of identification document: passport or equivalent document.
- Psychological and family investigation report prepared, issued or confirmed by the competent authority of the country where the adoptive parent is a permanent resident.
- Document confirming marital status prepared, issued or confirmed by the competent authority of the country where the adoptive parent is a permanent resident.
- Document confirming income and assets prepared, issued or confirmed by the competent authority of the country where the adoptive parent is a permanent resident.
- Health status certificate prepared, issued or confirmed by a competent me
- dical facility in the country where the adoptive parent is a permanent resident.
- Document permitting adoption in Vietnam issued by the competent authority of the country where the adoptive parent permanently resides.
- Document proving that the adoptive parent is eligible for adoption under the provisions of Vietnamese law (*).
- Authorization document (if any), in case the adoptive parent does not directly carry out the procedures in Vietnam, issued or certified by a competent authority of the foreign country.
Note (*): Depending on each specific case, the adoptive parent must submit one of the following documents:
- A copy of the marriage certificate between the stepfather and the biological mother or between the stepmother and the biological father.
- Documents proving the blood relationship (aunt, uncle, paternal uncle) between the adoptive parent and the adoptee.
- A copy of the decision allowing the adoption in Vietnam and documents proving that the adoptee is a sibling of the previously adopted child.
- Documents proving that the child is in a special case: a child with a disability, a child infected with HIV/AIDS or suffering from another serious illness.
4.2. Profile of the adoptee (03 sets)
Pursuant to Article 32 of the 2010 Law on Adoption, the profile of the adopted child includes:
- A copy of the Birth Certificate.
- 02 frontal, full-body photos (within the last 6 months).
- A document describing the child’s notable characteristics, interests, and habits (**).
- Decision to accept the child in the case of a child being raised at a social protection facility.
- A health certificate of the child, certified by a medical facility at the district level or higher.
- Documents proving the child’s identity and legal status (**).
- Documents proving that the search for a replacement family in the country has been unsuccessful, according to legal regulations.
Note ():** Depending on the specific circumstances of the child, the following documents must be provided:
- Children whose parents are missing: Court decision declaring the parents missing.
- Abandoned children: Confirmation minutes issued by the People’s Committee or the Commune Police where the child is found.
- Orphans: Death certificate or Court decision declaring the parents dead.
- Parents who have lost civil capacity: Court decision declaring the loss of civil capacity.
(**) In the case of a stepfather or stepmother adopting a child of their spouse, it is not required to submit a document describing the characteristics, interests, and habits of the child.
Note:
- All papers and documents issued, issued, or certified by foreign agencies must be consularly legalized in accordance with Vietnamese law (except in cases where consular legalization is exempted according to international treaties to which Vietnam is a member).
- Documents in foreign languages must be translated into Vietnamese and legally certified in accordance with the law.
5. Lawyer services: Adoption procedures for foreigners by Duong Gia Law
Adoption involving foreign elements is not only a complicated legal procedure but also involves many administrative steps, documents, verification, consular legalization, and interaction with many state agencies. Therefore, using professional lawyer services is the optimal solution to ensure that the application is carried out in accordance with regulations, saving time and minimizing risks.
5.1. What does Duong Gia Law provide?
- We provide a comprehensive legal service package for foreign adoption procedures, including:
- Preliminary and in-depth consultation on conditions, procedures, documents and legal notes when foreigners adopt Vietnamese children;
- Drafting all legal documents in the correct form and in accordance with the Law on Adoption and guiding documents for implementation;
- Authorized representative working with the Department of Justice, foster care facilities, commune-level People’s Committees, the Ministry of Justice and relevant agencies;
- Monitoring the progress of the application, receiving feedback and taking additional steps if required;
5.2. Why choose Duong Gia Law?
- Experienced lawyers: Understanding of marriage and family law and procedures involving foreign elements, handling quickly and effectively.
- 3-region system: Offices in Hanoi, Da Nang, and Ho Chi Minh City, supporting customers nationwide.
- Full-package service – transparent costs: Commitment to clear costs, no additional costs, fast and timely processing time.
- Absolute confidentiality: Customer information is 100% protected, not disclosed to third parties without consent.
5.3. Suitable customers
- Foreigners who want to adopt Vietnamese children;
- Vietnamese people living abroad who want to adopt children in Vietnam;
- Couples or individuals working in Vietnam and wanting to carry out adoption procedures;
- Childcare facilities need legal support in the procedures for introducing and handing over children for adoption.
6. Adoption procedures involving foreign elements
Applicable to Vietnamese people residing abroad and foreigners permanently residing abroad adopting Vietnamese children, according to the 2010 Law on Adoption and guiding decrees.
Step 1: Prepare adoption documents (according to section 4).
Step 2: Submit documents to competent authorities: Ministry of Justice, Department of Justice where the child permanently resides, People’s Committee of the province where the child permanently resides.
Step 3: Department of Justice checks the child’s documents, consults relevant parties, verifies (if the child is abandoned), and makes a record.
Step 4: Department of Justice confirms eligibility, sends information and documents to the Ministry of Justice.
Step 5: The Ministry of Justice reviews the adoptive parent’s documents, may consult experts, and approves or rejects in writing.
Step 6: If approved, the Ministry of Justice transfers the dossier to the Department of Justice for submission to the Provincial People’s Committee for consideration.
Step 7: The Provincial People’s Committee decides to introduce the child for international adoption; if refused, the Department of Justice will reintroduce within 3 months.
Step 8: The Ministry of Justice confirms and notifies the competent foreign authority; if the foreign country agrees and guarantees the child’s entry, the Ministry of Justice notifies the Department of Justice.
Step 9: The Department of Justice submits to the Provincial People’s Committee a decision to allow adoption, organizes a handover ceremony, and registers the adoption; the maximum handover period is 60 days (extended up to 90 days if there is a legitimate reason).
The above is the entire content of the procedure for adopting a child for a foreigner according to Vietnamese law. If you are in need of this procedure and need professional legal support, please contact Duong Gia Law immediately for the most complete, accurate, and fastest advice.
CÔNG TY LUẬT TNHH DƯƠNG GIA - CHI NHÁNH ĐÀ NẴNG
Địa chỉ: 141 Diệp Minh Châu, phường Hòa Xuân, thành phố Đà Nẵng
Điện thoại: 0931548999; 02367300899
