Besides adopting Vietnamese children, many Vietnamese also want to adopt foreign children. So what are the conditions that must be met?

Can Vietnamese people adopt foreigners?

The adoption of foreign children by Vietnamese people is one of the cases of adoption involving foreign elements. Accordingly, based on Clause 5, Article 2 of the Law on Adoption:

Adoption with foreign elements means the adoption between Vietnamese citizens and foreigners; between foreigners permanently residing in Vietnam; between Vietnamese citizens and one of them residing abroad.

Accordingly, the cases of adoption involving foreign elements are specified in Article 28 of the Law on Adoption, including:

Vietnamese people residing abroad, foreigners permanently residing in the countries that are members of an international treaty on adoption with Vietnam, adopt Vietnamese children.

Vietnamese residing abroad and foreigners permanently residing abroad may adopt children in the following cases:

• Stepfather, stepmother, blood aunt, uncle of the adopted person.
• Having an adopted child who is a brother, sister or younger brother of the adopted child.
• Adopting children with disabilities, HIV/AIDS or other serious diseases.
• Foreigner who is working or studying in Vietnam for at least 01 year.
• Vietnamese citizens permanently residing in Vietnam, adopt foreign children.
• Foreigners permanently residing in Vietnam adopt Vietnamese children.

The cases of adoption involving foreign elements are specified in Article 28 of the Law on Adoption

Pursuant to these regulations, Vietnamese people who are permanently residing in Vietnam can fully adopt foreign children.

Conditions for adopting foreign children

Conditions for adopting a foreign child:

Vietnamese citizens who adopt foreigners must fully satisfy the conditions prescribed in Article 14 of this Law and the law of the country where the adopted person permanently resides.

Accordingly, Article 14 of this Law stipulates the conditions that Vietnamese adopters must meet, including:

• Having full capacities for civil acts;
• 20 years or more older than adopted children;
• Having health, economic and accommodation conditions to ensure the care, upbringing and education for the adopted children;
• Have good moral character;
• Not belonging the following cases: Being restricted in a number of parents' rights towards their minor children; Currently serving administrative sanctions at educational institutions or medical treatment establishments; Serving a prison sentence; The criminal record for one of the crimes of intentionally infringing upon the life, health, dignity and honor of others having not been cleared.

The adopters must meet all the conditions stated in law

Particularly, if a Vietnamese person is a stepfather and adopts a stepchild from his wife, a stepmother adopts a stepchild from a husband, or a blood aunt, uncle adopts a child, he/she only needs to have full civil act capacity and have good moral character.

In addition, the adopter must also meet the conditions of the law of the country in which the adoptee is a permanent resident.

Note: The foreign children adoption dossier, if made, granted or certified by foreign countries, must be consular legalized when being used in Vietnam, except for cases where consular legalization is exempted according to international treaties to which Vietnam is a signatory or on the principle of reciprocity.

Tags: Vietnam Law on Adoption, Vietnam laws, Vietnam laws for foreigners, adopting children, adopting children from other countries, adopting children law, adoption dossier, adoption dossier checklist