by Vũ Vân Anh, LLM

Q&A: Adopting a Stepchild in Vietnam as a Foreign Citizen

Q: I am an American citizen and have been married to a Vietnamese woman for two years. My wife has an eight-year-old daughter from her previous marriage. Am I allowed to adopt my stepdaughter?

A: You may adopt your wife’s daughter, but please note that several conditions must be satisfied.

First, your stepdaughter must meet the conditions for being adopted. Article 8 of the 2010 Law on Adoption (the Law) provides that:

- Only children under 16 years of age may be adopted;

- A child aged between 16 and under 18 may only be adopted by a stepfather, stepmother or a biological aunt or uncle;

- A child may only be adopted by one individual or one married couple.

Second, you must meet the conditions for adoptive parents under Article 14 of the law. This includes being at least 18 years old, having full civil act capacity (meaning the ability to independently establish and fulfil civil rights and obligations) and demonstrate good ethical character.

You must not fall into any of the following categories:

- Being partially restricted in parental rights over a minor child;

- Currently subject to administrative handling measures at an educational or medical facility;

- Currently serving a prison sentence;

- Having a criminal record for intentional crimes against another’s life, health, dignity or honour that has not been expunged;

- Having committed acts of abuse or violence against family members;

- Involving minors in illegal acts or harbouring juvenile offenders; or

- Engaging in child trafficking, swapping or appropriation.

Once all conditions are met, you may adopt your stepdaughter.

Q: Do I have to obtain my wife’s consent if I want to adopt her child? What are the rights and obligations of adoptive stepparents toward Vietnamese children?

A: According to Article 21 of the law, you must obtain the consent of your wife or your stepdaughter’s biological father. If your wife is deceased, missing, has lost civil act capacity or is unidentifiable, you must seek the consent of the child’s biological father, and vice versa. If both biological parents are deceased, missing, have lost civil act capacity or are unidentifiable, the consent of the child’s guardian is required.

Under Article 24.1, from the date of the adoption handover, adoptive parents and adopted children assume full legal rights and obligations toward one another as provided under marriage and family law, civil law and other relevant legislation.

This means you will assume full parental responsibility for your stepdaughter, including caring for, nurturing and educating her. You will also be her legal representative until she reaches adulthood or loses civil act capacity. Your stepdaughter, in turn, is expected to love, respect and care for you.

Both you and your adopted daughter will have reciprocal inheritance rights.

The law also extends familial rights and obligations between the adopted child and other members of the adoptive parent’s family. Once adopted, your stepdaughter will enjoy the same legal status as a biological child.

You may also change your stepdaughter’s name. However, if she is nine years of age or older, her consent is required.

Q: What are the procedures for a foreign stepparent to adopt their Vietnamese spouse’s biological child?

A: The adoption process involves preparing two dossiers — one for the adoptive parent and one for the child, the latter to be prepared by the biological parent or guardian.

In your case, you must compile your own dossier, while your wife will prepare the dossier for her daughter.

Your dossier must include:

- An adoption application;

- A copy of your passport or valid substitute document;

- Your criminal record certificate; and

- A copy of your marriage certificate.

Your stepdaughter’s dossier must include:

- Her birth certificate;

- A health certificate issued by a district- or higher-level medical facility; and

- Two full-body, front-facing photos taken within the last six months.

Next, your wife must submit your stepdaughter’s dossier to the Justice Department of the province or centrally-run city where the child is permanently residing. You must submit your dossier and a copy of the child’s dossier to the Ministry of Justice’s Child Adoption Department.

The provincial-level Justice Department will examine the child’s dossier and consult relevant parties. If the child is eligible for inter-country adoption, the department will certify her eligibility and send the certified dossier — along with opinions of the biological parent or guardian — to the Ministry of Justice’s Child Adoption Department. If the child is nine years or older, her written consent is also required.

The ministry will then review both dossiers within 15 days. If approved, the ministry will forward the dossiers to the provincial Justice Department, which will notify you within 15 days and organise a handover ceremony where the child is officially placed in your custody.

If needed, you may request an inter-country adoption certificate under the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.

If your application is denied, the Child Adoption Department will return your dossier with a written explanation stating the reasons for rejection. — VNS