Are you looking to adopt a child from Vietnam? This article will discuss adoption in Vietnam requirements and what all you need to be prepared for. We will answer questions such as who can adopt, who can be adopted, and what are the requirements before and after adoption.
Intercountry adoption is a global phenomenon. Thousands of Americans adopt children from other countries each year, and families who live in other nations also adopt children from the United States.
The Brandeis University, in a report, mentions that the Vietnam War is believed to be responsible for initiating a horde adoptions from Vietnam to the United States.
The Hague Convention has Vietnam as a signatory. As a result, all rules regarding adoptions are majorly governed according to the Hague convention.
This article will discuss adoption in Vietnam and answer: how do you adopt a child from Vietnam?
What Is The Hague Convention?
The Hague Convention deals with child trafficking, child laundering, and international adoption. It was signed on May 29, 1993, in the Hague, Netherlands. It established formal international and intergovernmental norms of intercountry adoptions. These norms ensure that adoptions are done fairly, with due diligence, process and are beneficial to the child.
The conventions norms cover all adoptions of children by U.S. nationals who are resident in the U.S. of children who are from countries that are signatories to the Hague convention. The United States signed the Convention in 1994, and it became effective for all intercountry adoptions in the U.S. on April 1, 2008.
Before December 31, 2020, intercountry adoptions from Vietnam to the United States were subject to the limitations of the Special Adoption Program. However, post that, the U.S. Citizenship and Immigration Services ruled that the U.S. and Vietnam can now consider all children for adoption, not just those with special needs.
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Can a U.S. Citizen Adopt a Kid From Vietnam?
Can you adopt kids from Vietnam? What are the eligibility requirements for adoption in Vietnam? Let’s understand the requirements. One can adopt kids from Vietnam provided they are found to adhere to the following criteria.
Age of the prospective adoptive parents
The adoptive parent(s) must be 20 years older than the children. However, if the prospective adoptive parent is an aunt or uncle (on either the father or mothers side) or a stepparent then this condition is not mandatory.
Although prospective adoptive parents do not need to live in Vietnam for a specific period for adoption, they must go to Vietnam in person and attend the “Giving and Receiving” ceremony held by the provincial Department of Justice.
If only one member from the prospective adoptive family travels, then you need to have a Power of Attorney from the other spouse. This PoA needs to be notarized by the Vietnamese Embassy or one of the Vietnamese Consulates Generals anywhere in the U.S.
Adoption from Vietnam is only open to either heterosexual couples who are married or else single women whose age is between 25 to 55 years and who do not have more than four children already.
Income of the prospective adoptive parents
You don’t need to meet any specific income requirements for intercountry adoption in Vietnam. The procedure followed by the Ministry of Justice, Vietnamese Central Authority, and the Department of Adoptions is to see if the prospective family’s housing, financial and health status are sufficient to provide a stable and good home for the child.
All intercountry adoptions from Vietnam occur through three approved adoption service companies in the United States: Holt International Children’s Services, Dillon International, and Alliance for Children.
If prospective adoptive parents have biological children, their parental rights must not be restricted, they must not be in prison, and they must not be subject to administrative punishments issued by an educational or medical institution.
Prospective parents must not be involved in any events such as the deliberate violation of the life, health, dignity, or honor of others, mistreatment of people, trafficking, or kidnapping of children. All such events are seen as offenses and lead to the disqualification of prospective parents.
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Who Can Be Adopted?
Vietnamese children have to meet the Hague Convention’s conditions to be considered for intercountry adoption. The child must meet the following standards imposed by Vietnam:
Age of the adoptees
Many Vietnamese children in need of adoption are older children in the 5 to 10 age group. To be acceptable for intercountry adoption, the adoptee must be under 16.
Adoption above 16 is allowed only in a special case if the uncle or aunt of the child (on either the maternal or paternal side) or a stepparent is involved. In this case, the said person can adopt the child upto the age of 18 years. The parents or guardians of the children have to consent to the adoption, and if the child is aged above nine, their consent is needed.
If the birth parents’ whereabouts are not known, the responsibility of giving consent for adoption of the child lies with the head of the place where the child is currently residing. The said person needs to confirm this to the provincial Department of Justice. In this case, the provincial police will have to submit a report to the Department to confirm that the search for the parents did not yield results.
Special Needs or Medical Conditions
The adoption of Vietnamese children with special needs and medical conditions was previously subject to the Special Adoption Program.
Under Vietnamese legislation, children living in orphanages, with disabilities, or with serious medical issues eligible for intercountry adoption undergo a different matching procedure. However, it is also noteworthy that the Vietnamese government first searches for a family in Vietnam who can adopt the child before considering a child without special requirements for intercountry adoption.
When it comes to the adoption of siblings, Vietnam favors siblings remaining in the same family post-adoption. Adoptive parents who apply to adopt siblings in Vietnam need to pay the entirety of the application fee for only one child and can bring home the other kids by paying only half of the adoption application fee. Parents have to submit separate bi-annual reports for each child post bringing their children home for sibling adoptions.
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What Are the Post-Adoption Requirements for Vietnamese Children?
Parents can get help associated with the same from their adoption service provider. Parents need to do the following once they bring their child home.
Adoptive parents are required to submit post-adoption reports every six months. The same has to be done for three consecutive years. These reports require 5 photographs of your child, which showcase that the child is residing in a nurturing and happy environment.
The report should include details on the child’s health, physical and psychological growth, and how they are adjusting to their new family and surroundings. One may seek help from an adoption agency regarding the same.
Photographs of your child
Parents must upload 5 images to accompany each report on the designated due dates after their child arrives in the United States.
Here are some important pointers parents must keep in mind while preparing their child’s reports.
- Parents must submit separate reports for each child in sibling groups or multiples. The date of arrival in the United States determines the due date.
- One must notify the concerned adoption service company in case of any delays.
- The form must be filled out such that all images have individual captions which describe details of the same such as the location, context, and people in them.
As adoptive parents and adoptees, there will be some unique challenges in your parenthood journey, completely normal. One place where you may consider going with your child is adoptee camps where your kid can make new friends, and even you can discuss issues that are unique to parent-children duos like yourselves. Since these camps are solely for adoptees, it helps you and your child feel more at ease.
How can I register complaints associated with the adoption procedure?
Cases of misbehavior and fraud are not very common. However, they do exist. When one encounters such situations, one may share relevant information with the U.S. Embassy in Hanoi for complaints and grievances associated with the intercountry adoption procedure.
Adoptive families can also leave their comments on the Adoption Comment Page. One may mention their adoption service provider and their experience applying for their child’s visa. The Complaint Registration is an internet-based registry for filing concerns against adoption service providers authorized or approved in the United States.
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Frequently Asked Questions
How much does it cost to adopt a child in Vietnam?
The cost involved will vary depending on the case. The application fees is approximately $300. This has to be submitted to the Ministry of Justice in Vietnam when you give them your dossier for application. Your total expenses including your adoption attorney fees, various processing fees, and legal fees could land up anywhere between $35,000 to $45,000.
Can foreigners adopt in Vietnam?
You need to follow the rules as per the Hague convention, and meet certain criteria regarding age, marital status, income status and a few other things as we outlined above.
How long does it take to adopt from Vietnam?
It’s not a very long process. The Vietnamese government usually takes a decision within two or three months, and issues their decision. However, this does not always apply and some cases may have longer timelines.
In the End
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