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Hi,

The adoption between Vietnam and the U.S.A, in addition to comformity with Laws on adoption in Vietnam, must also conform to the Convention on intercountry adoption between Vietnam and the USA.

Laws on adoption in Vietnam:

Persons allowed to be adopted (Conditions for Adoptees):  

Children under 16 years;

Persons aged between full 16 years and under 18 years falling into either of the following cases: 

To be adopted by the step father or step mother; 

To be adopted by a natural aunt or uncle. 

A person may be adopted by only one single person or two persons being husband and wife. 

The State of Vietnam encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances (Clause 8 Laws on Adoption in Vietnam No.52/2010/QH12 dated June 17, 2010).

Prohibited acts:

Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children; Forging papers for adoption settlement; Discriminating between natural and adopted children; Taking advantage of adoption to violate the population law; Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives; Grandparents adopting their grandchildren or siblings adopting one another; Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions tộc (Clause 13 Law on Adoption in Vietnam No 52/2010/QH12 dated June 17, 2010).

Cases of intercountry adoption:

Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child; Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases: He/she is the step father or step mother of the to-be-adopted child; He/she is the natural aunt or uncle of the to-be-adopted child; He/she has adopted a child who is a sibling of the to-be-adopted child; He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease; He/she is a foreigner currently working or studying in Vietnam for at least 1 year; Vietnamese citizens permanently residing in the country adopt a foreign child; Foreigners permanently residing in Vietnam adopt a child in Vietnam.

About the Adoption Convention between Vietnam and the US:

Previously, the adoption between the Socialist Republic of Vietnam and the United States of America is implemented in accordance with the Convention No 84/2005/LPQT dated April 08, 2005, took effect (for 3 years) on September 01, 2005 and ended on September 01, 2008.

From September 16, 2014, the Adoption Convention between Vietnam and the US has taken effect, the adoption between Vietnam and the U.S has been resumed after aa period of suspension from September 01, 2008.

However, this Adoption Convention only restricts on the scope of finding a replacement family for disable children, children who are infected with dangerous disease, children who are age five and older or who are in a biological sibling group (called children who need special care as guided in Circular No 15/2014/TT-BTP dated May 20, 2014).

Children who need to find a replacement family must belong to the list No. 2 prescribed at Clause 2 Article 6 Decree No. 19/2011/NĐ-CP dated March 21, 2011.

Further, the Ministry of Justice of Vietnam has officially permitted two US adoption organisations: Dillon International and Holt International Children’s Services to operate in the field of international adoption in Vietnam.

Adoption in Vietnam ?

DMS Law firm in Vietnam Director (Signed) Lawyer Do Minh Son