Learn about foreign adoption regulations in Vietnam

Foreign adoption is the adoption of children between Vietnamese citizens and foreigners, between foreigners residing in Vietnam, between foreigners residing in Vietnam, between Vietnamese citizens residing abroad. According to Article 4 of the Adoption Law, when resolving the adoption of children, the rights of children to live in their original family environment must be respected. Adoption must ensure the rights and legal interests of both the adoptee and the adoptive parent, voluntary, equal, non-discriminatory, in accordance with the law and social ethics. Only allow foreign adoption when a suitable alternative family cannot be found domestically.

1. How are cases of foreign adoption regulated?

Article 28 of the Adoption Law regulates cases of foreign adoption as follows:

1) Vietnamese nationals residing abroad, foreigners residing in the country who are members of an international adoption agreement with Vietnam adopt Vietnamese children.

2) Vietnamese nationals residing abroad, foreigners residing in the country shall adopt designated adoptees in the following cases:

a) Foster father, stepmother of the adoptee;

b) Aunt, uncle, cousin, paternal or maternal cousin of the adoptee;

c) A sibling of the adoptee;

d) Adopting children with disabilities, HIV/AIDS, or other serious illnesses;

e) A foreigner working or studying in Vietnam for at least one year.

3) Vietnamese citizens residing in the country may adopt foreign children.

4) Foreigners residing in Vietnam may adopt children in Vietnam.

2. What conditions must foreign adoptive parents meet?

Article 29 of the Adoption Law stipulates the conditions for foreign adoptive parents as follows:

1) Vietnamese nationals residing abroad, foreigners residing in the country must meet all the conditions stipulated by the laws of the country of residence and Article 14 of the Adoption Law to adopt Vietnamese children.

2) Vietnamese citizens adopting foreigners must meet all the conditions stipulated in Article 14 of the Adoption Law and the laws of the country where the adoptee resides.

Documents in the adoption file of the adoptive parent, the file of the foreign adoptive organization established by the competent authority of the foreign country must be legalized when used in Vietnam, except for cases exempt from consular legalization under international agreements that the Socialist Republic of Vietnam is a member of or on the principle of reciprocity.

4. How are adoption files with foreign factors and the validity period of documents in adoption files with foreign factors regulated?

Article 31 of the 2010 Adoption Law regulates the adoption files as follows:

1) The adoption file of Vietnamese nationals residing abroad, foreigners residing in the country must include the following documents:

a) Adoption application form;

b) Copy of passport or other valid document;

c) Permission letter for adoption in Vietnam;

d) Psychological and family investigation document;

e) Health confirmation document;

f) Income and property confirmation document;

g) Criminal record certificate;

h) Marital status confirmation document;

i) Proof of eligibility as specified in Article 28.2 of this Law.