QUESTION
Hi Lawyer, I have a problem that I want you to advise me. My wife and I have been married for 6 years, but so far we still have no children, so we both want to adopt an adopted child so that someone can take care of and have fun. So let me ask if I want to adopt a child in Vietnam, what are the conditions and procedures? Thank you, Attorney in advance.ANSWER:
Under the provisions of Clauses 1 and 2, Article 14 of the Law on Adoption 2010:
1. Adopting persons must fully satisfy the following conditions:
a) Having full civil act capacity;
b) Being 20 years or older than the adopted child;
c) Having conditions in terms of health, economy and accommodation to ensure the care, nurturing and education of the adopted child;
d) Have good moral character.
2. The following persons are not allowed to adopt children:
a) Some of the parent's rights toward their minor children are restricted;
b) Being executing a decision on administrative handling at an educational institution or medical treatment facility;
c) Is serving an imprisonment penalty;
d) The criminal record for one of the crimes intentionally infringing upon the life, health, dignity or honor of another person has not been deleted; mistreating or torturing grandparents, parents, spouses, children, grandchildren or people with meritorious services to them; seducing, forcing or harboring a juvenile in violation of the law; buying, selling, exchanging, appropriating children.
Under the provisions of Article 17 of Law on Adoption 2010 stipulates that dossiers of adopters include:
1. Application for adoption;
2. Copy of Passport, ID card or papers with replacement value;
3. Judicial record card;
4. Document certifying marital status;
5. A health examination certificate issued by a health agency of district or higher level; Document certifying family circumstances, accommodation status and economic conditions issued by the People's Committee of the commune where the adopter permanently resides, except for the case specified in Clause 3, Article 14 of this Law.
Under the provisions of Clause 1, Article 18 of the 2010 Law on Adoption, stipulates that dossiers of domestic adopters include:
1. Profile of the person introduced for domestic adoption includes:
a) Birth certificate;
b) Health certificate issued by a medical authority of district or higher level;
c) Two full-body photos, looking straight ahead, taken within 06 months
d) The written certification made by the People's Committee or the police station of the commune where the abandoned child is found against the abandoned child; A death certificate of the biological father or mother or a court decision declaring the child's natural father or mother is dead for the orphan; the Court's decision declaring the biological father or mother of the person introduced to be adopted is missing, for the person introduced to be adopted but the biological father or mother is missing; the Court's decision declaring the biological father or mother of the adopted child has lost his / her civil act capacity towards the adopted child and the biological father or mother has lost their civil act capacity;
dd) Admission decision for the child in the nurturing establishment.
Under the provisions of Article 19 of the Law on Adoption 2010 stipulates the submission of dossiers, the time limit for settling the adoption:
1. Adopting persons must submit their dossiers and those of the adopted persons at the commune-level People's Committees of the places where the adopters permanently reside or where the adopters permanently reside.
2. The time limit for settling the adoption is 30 days from the date the commune-level People's Committee receives a complete and valid dossier.
1. When deeming that the adopting person and the person introduced for adoption meet the conditions prescribed by this Law, the commune-level People's Committee shall organize the adoption registration, hand over the adoption certificate to adoptive parents, natural parents or guardians or representatives of nurturing establishments, organizations to hand over and receive children and record in the civil status book within 20 days from the date of obtaining consent of the prescribers. in Article 21 of this Law.
2. In case the commune-level People's Committee refuses the registration, it must reply in writing to the adopting person, the biological parent or the guardian or the representative of the nurturing establishment, clearly stating the reason within 10 days from the date of comments of the people defined in Article 21 of this Law.
3. The certificate of adoption shall be sent to the commune-level People's Committee of the adopting person's place of residence or the adopted person.In relation to your question, the conditions for adoption under Clause 1, Article 14 of the Law on Adoption and not to be adopted if falling into the case under Clause 2, Article 14 of this Law. Regarding application dossiers for adoption registration of adoptive parents, according to Article 17 of the Law on Adoption, dossiers of adopters under Clause 1, Article 18 of this Law. You will then submit the application to the Commune-level Peoples Committee of the permanent adoptive child or the permanent adoptive parent, the Committee will process the adoption within 30 days from the date of receipt of a complete and valid application. When considering the two parties eligible, the People's Committee of the commune will issue the Certificate of adoption within 20 days, if refusing, it will reply in writing within 10 days.
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