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Can overseas Vietnamese adopt a child with a disability?

  • Perform: Le Thao (Translator: Linh Dieu Tran)
  • 22/09/2021

The ACDC law office advises:

ACDC’s Law Department advises:

Question: My friend, who is a Vietnamese citizen and has settled in Germany for nearly 3 years, wishes to adopt a disabled child in Vietnam for adoption. Is it possible? Thank you!

Answer by ACDC’s Law Department:

According to Clauses 3 and 4, Article 3 of the 2008 Law on Vietnamese Nationality, amended and supplemented in 2014:

“Overseas Vietnamese” are Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.

“Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offspring and grandchildren are permanently residing in foreign countries.

From what you have provided, as your friend is currently a Vietnamese citizen residing in Germany and wants to adopt a child with a disability in Vietnam, this case is determined as intercountry adoption as specified under the 2010 Law on Adoption. Accordingly, intercountry adoption means the adoption between a Vietnamese citizen and a foreigner, between foreigners permanently residing in Vietnam, and between Vietnamese citizens either of whom settles abroad (Clause 5, Article 3 of the 2010 Law on Adoption).

Point d, Clause 2, Article 28 thereof also specify cases of intercountry adoption as follows:

“2. Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:

… d) He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;”

As your friend is currently a Vietnamese residing in Germany, your friend falls into the case of an overseas Vietnamese adopting a specific child with a disability. Therefore, your friend can compile dossiers and follow procedures to adopt a child with a disability in Vietnam if he/she fully meets the requirements prescribed by law.

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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.