ACDC’s Law Department advises:
Question: Under the current Vietnamese law, what are the requirements for a child to be adopted? I heard that there is a priority order for choosing a substitute family for an adopted child. How is it determined? Thank you!
Answer by ACDC’s Law Department:
* Requirements to be adopted:
As specified under Article 8 of the 2010 Law on Adoption on requirements to be adopted:
“Article 8. Persons allowed to be adopted
1. Children under 16 years.
2. Persons aged between full 16 years and under 18 years falling into either of the following cases:
a) To be adopted by the step father or step mother;
b) To be adopted by a natural aunt or uncle.
3. A person may be adopted by only one single person or two persons being husband and wife.
4. The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.”
Accordingly, the adopted persons must be children under 16 years. In case a person between full 16 years old and under 18 years old falls into one of the following two cases, he or she may be adopted:
(1) To be adopted by the step father or step mother;
(2) To be adopted by a natural aunt or uncle.
* Order of priority in the selection of substitute families:
Order of priority in the selection of substitute families is specified under Article 5 of the 2010 Law on Adoption as follows:
1. Step father, step mother, natural aunt or uncle of the adopted person;
2. Vietnamese citizens permanently residing in the country;
3. Foreigners permanently residing in Vietnam;
4. Vietnamese citizens settling abroad;
5. Foreigners permanently residing abroad.
In case more than one person of the same priority rank seeks to adopt a person, adoption shall be considered and settled for the person with the best nurturing, care, and education conditions.
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Above is our advice on your questions. Persons with disabilities and relatives of persons with disabilities can contact us via the following channels:
Hotline: 024 6329 1019 or 024 6291 0814 (on business hours from Monday to Friday).
Email: tuvan@acdc.org.vn
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This is a completely free consultation service for persons with disabilities and relatives of persons with disabilities nationwide.
