What are the conditions for child adoption involving foreign elements?

An adoption with foreign elements is an adoption between a Vietnamese citizen and a foreigner, between foreigners residing in Vietnam, and between Vietnamese citizens, one of which resides overseas.

The adoption must be carried out based upon the principles stated in Article 5 of the Law on Adoption with the following order of priority:

  • Stepfather, stepmother, natural aunt or uncle of the adopted person;
  • Vietnamese citizens permanently residing in the country;
  • Foreigners permanently residing in Vietnam;
  • Vietnamese citizens residing abroad;
  • Foreigners permanently residing abroad.

A Vietnamese child is only allowed to be adopted abroad when it is not possible to find a person to adopt in Vietnam.

To adopt a Vietnamese child, both foreigners residing abroad and foreigners residing in Vietnam must satisfy the conditions specified in Article 14 of the Law on Adoption including:

  • Having full civil capacity to act;
  • Be 20 years old or older than the adopted child;
  • Have sufficient health, financial and accommodation conditions to ensure the care, upbringing and education of the adopted child;
  • Have good moral;
  • Do not fall into the following cases: Currently serving an administrative sanction at an educational or medical treatment establishment; currently serving a prison sentence; having a criminal record in trafficking in, fraudulently trading or appropriating children.

In addition, the foreigners residing overseas are required to satisfy the requirements of the law of the foreign country where they reside.

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