Adopting a Child as a Foreign Resident in Việt Nam: The Process Explained
Adoption Process in Vietnam: A Comprehensive Guide
Adoption in Vietnam is a humanitarian act aimed at safeguarding the material and emotional well-being of children. Here's a step-by-step guide on the adoption process in Vietnam, based on the provided facts.
Step 1: Preparing the Adoption Dossier
The orphanage will prepare a separate dossier for the child, containing a description of the child's characteristics, habits, and preferences (valid within 12 months of submission). As foreigners with residence and work permits in Vietnam wishing to adopt a child, you must also prepare your own adoption application dossiers. This includes application forms, copies of passports, authorization from the competent authority of the home country, psychology and family questionnaires, health certificates, certificates of income and assets, criminal record certificates, marital status certification, certification by the Commune Police, and proof of continuous residence, work, or study in Vietnam for at least one year.
Step 2: Submitting the Dossier
Once the dossiers are ready, they are filed with the provincial Department of Justice of the locality where the child resides. If the child is abandoned, certification by the commune-level People's Committee or Public Security office of the locality where the child was found is also required.
Step 3: Review and Approval
The dossiers are then submitted to the Department of Judicial Administration for review. If the conditions are met, the case is forwarded to the provincial-level People's Committee for further consideration.
Step 4: Consent and Legal Certification
For children with living biological parents, the Department of Justice seeks consent from both parents. If one parent is deceased, missing, incapacitated, or unidentifiable, the other parent's consent is sufficient. If both parents fall into these categories, the guardian's consent is required. For orphans, legal certification documents such as a death certificate of the natural parent(s), or a court ruling declaring them deceased, are necessary. In the case of missing parents, a court ruling declaring them missing is required.
Step 5: Health Certificate and Birth Certificate
A health certificate issued by a general hospital, polyclinic, or regional medical centre (valid within 12 months of submission) is necessary. A birth certificate is required for the child.
Step 6: Adoption Approval and Handover
If the adoption is approved, the Department of Justice registers the adoption and organizes a handover ceremony at its office. Both adoptive parents must be present, unless one provides written authorization for the other to act on their behalf.
Step 7: Final Decision
The People's Committee has 15 days to issue a decision on the adoption application. If refused, a written explanation is provided.
It is important to note that foreigners with permanent residence in Vietnam who wish to adopt a child must meet legal conditions such as having full civil act capacity, being at least 20 years older than the child, demonstrating good moral character, and not belonging to certain prohibited groups. The law allows a child to be adopted either by a single individual or a married couple.
This guide provides a general overview of the adoption process in Vietnam. For specific questions or concerns, it is recommended to consult with the relevant authorities or a legal advisor.
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