ACDC’s Law Department advises:
Question: Currently, my spouse and I wish to adopt an orphan at an orphanage. What are the requirements to adopt a child? Thank you!
Answer by ACDC’s Law Department:
As specified under Clause 1, Article 14 of the 2010 Law on Adoption, an adopting person must fully meet the following requirements:
(1) Having full civil act capacity. Specifically, the legal capacity of a natural person is his/her capability to establish and exercise civil rights and perform civil obligations through his/her acts. Persons with full legal capacity are persons who are eighteen years of age or older except for legally incapacitated persons, persons with limited cognition or behavior control, persons with limited legal capacity (Article 20 of the 2015 Civil Code);
(2) Being 20 years or more older than the adopted person;
(3) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child;
(4) Having good ethical qualities.
Besides, as specified under Clause 2, Article 14 of the 2010 Law on Adoption, the following persons may not adopt a child:
- Having some of the parental rights over a minor child restricted;
- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
- Currently serving an imprisonment penalty;
- Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
Thus, if you want to adopt an orphan at an orphanage, first and foremost, you must fully meet the above requirements and not be restricted from adopting children.
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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
Fanpage: Viện ACDC
This is a completely free consultation service for persons with disabilities and relatives of persons with disabilities nationwide.
