Complete Guide to International Adoption in Vietnam for Foreigners 2025

International adoption is a meaningful journey that requires thorough understanding and careful preparation. This article provides detailed information about the process, legal requirements, and necessary steps for foreigners looking to adopt a child in Vietnam.

Legal Grounds and General Principles

Law on Adoption No. 52/2010/QH12: Provides conditions, procedures, and processes for adoption involving foreign elements.

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993): Vietnam has been a member since 1 February 2012, ensuring a transparent adoption process in the best interests of the child. (National Public Service Portal)

Conditions for Adoptive Parents

According to Article 14 of the Law on Adoption, the adoptive person must meet the following requirements:

• Full civil act capacity.
• At least 20 years older than the adopted child.
• Good moral character.
• Must not fall under the following cases:
• 1. Currently serving a prison sentence.
• 2. Being restricted in parental rights to a minor child.
• 3. Undergoing administrative handling measures at a compulsory education or rehabilitation facility.
• 4. Having an expunged criminal record for crimes such as infringing upon life, health, dignity, mistreatment of family members, trafficking, exchanging or appropriating children.

Exceptions (age and financial requirements are waived):

• Stepfather adopting stepchild of the wife.
• Stepmother adopting stepchild of the husband.
• Paternal/maternal aunts, uncles adopting nieces or nephews.

For Vietnamese residing abroad or foreigners permanently residing abroad seeking to adopt Vietnamese children (Clause 1, Article 29, Law on Adoption 2010), they must meet:

• Conditions under the law of the country where they permanently reside (e.g., age, income, moral character under U.S., French, German law, etc.).
• Conditions specified under Article 14 of Vietnam’s Law on Adoption.

For Vietnamese citizens adopting foreign children (Clause 2, Article 29):

• Conditions under Article 14 of the Law on Adoption.
• Conditions under the law of the child’s country of habitual residence (e.g., cultural, educational, or social requirements).

Eligible Children for Adoption

According to Article 8 of the Law on Adoption:

• Children under 16 years old.
• Persons aged 16 to under 18 may be adopted if:
• 1. Adopted by a step-parent;
• 2. Adopted by a paternal/maternal aunt, uncle.

• A person may only be adopted by:
• 1. A single person;
• 2. Or by a married couple jointly.

• The State encourages the adoption of orphans, abandoned children, and children with special circumstances.

Adoption Dossier

Under Article 17, the dossier of the adoptive person shall include:

• Application for adoption;
• Passport or ID card (or equivalent document);
• Judicial record certificate;
• Marital status certificate;
• Health certificate issued by a district-level or higher medical authority;
• Confirmation of family circumstances, residence, financial conditions issued by the Commune-level
• People’s Committee where the adoptive person resides.

Under Article 31, the dossier of Vietnamese residing abroad or foreigners permanently residing abroad includes:

2 sets of the following documents:

• Application for adoption;
• Copy of passport or equivalent;
• Permit to adopt in Vietnam issued by competent authority of the receiving country;
• Social and psychological assessment;
• Health certificate;
• Financial and income confirmation;
• Judicial record certificate;
• Marital status certificate;
• Documents proving eligibility for designated (non-blind) adoption.

Adoption Procedure

According to the National Public Service Portal, the adoption procedure includes the following steps:

• Registering Adoption Intention

If no specific child is identified, Vietnamese citizens residing in Vietnam may register with the Department of Justice at their place of residence.

• Finding an Alternative Family for the Child

a. For children raised by individuals or organizations:

1. Commune-level authority assesses adoption needs.
2. If a domestic adopter exists, the Commune People’s Committee processes the case.
3. If not, the case is referred to the provincial Department of Justice.

b. For children in institutions:

1. The institution prepares the dossier and consults the Department of Labor, War Invalids, and Social Affairs or the District People’s Committee.
2. Then submits to the provincial Department of Justice.

• Identifying Prospective Adoptive Parents

If applicants exist, the Department of Justice reviews and forwards the case to the commune authority.

1. If no applicants, the department informs the provincial authority.
2. After the notification period expires, the case is referred to the Ministry of Justice for nationwide search.

• Submitting the Adoption Dossier

Submit the dossier to the Commune-level People’s Committee depending on the situation:

1. Orphaned children: place of residence.
2. Stepparents or relatives: place of residence of either party.
3. Abandoned child not in an institution: place of abandonment.
4. Children in institutions: place where the institution is based.

• Verification and Counseling

1. Commune judicial officer reviews the dossier and context.
2. Consults all parties on post-adoption rights and duties.
3. Parties may reconsider their consent within 15 days.

• Registration and Handover Ceremony

1. Commune-level authority registers the adoption, holds the handover ceremony, records it in the adoption register, and issues an Adoption Certificate.
2. Attendees include: adoptive parents, birth parents, guardian or representative of the institution, and the child.
3. If a person cannot attend, a power of attorney must be presented.

• Refusal of Registration: If adoption registration is denied, the authority must provide a written explanation.

See also: Understanding Property Rights and Custody in International Divorce in Vietnam.

Fees and Processing Time

• Fee: VND 400,000 per case.
• Submission methods:

1. In person at the competent Commune-level authority.
2. By post.
3. Online (if permitted by electronic administrative procedures).

The total processing time is approximately 37 working days, which includes several stages: a maximum of 7 working days for verifying the adoptive parents’ circumstances; 10 working days for dossier review and opinion consultation; a 15-day waiting period for consent reconsideration; and 5 working days for the registration and handover ceremony.

Rights and Obligations of Adoptive Parents

According to Article 24 of the Law on Adoption:

From the date of handover, adoptive parents and adopted children shall enjoy the same rights and obligations as between biological parents and children, as stipulated in:

• The Law on Marriage and Family;
• The Civil Code;
• Other relevant legal documents.

Other members of the adoptive family shall have the same obligations and rights as toward a biological child

Adoptive parents may request name changes for the adopted child.

• If the child is 9 years or older, the child’s consent is required.

Unless otherwise agreed, from the handover date, biological parents’ rights and obligations shall terminate, including:

• Care, education, financial support;
• Legal representation;
• Compensation for damages;
• Management and disposal of the child’s personal assets.

Important Notes

• Only adopt through licensed intercountry adoption agencies.
• Avoid unofficial intermediaries to prevent legal violations.
• Maintain contact with the Department of Adoptions – Ministry of Justice for updated guidance (e.g., Embassy of France in Vietnam).

See also: Understanding Vietnam’s Marriage Law for Multinational Couples.

Conclusion

Intercountry adoption in Vietnam is a profoundly humanitarian process, requiring strict compliance with legal procedures to safeguard the best interests of the child. For foreigners and overseas Vietnamese, thorough preparation of documents and a clear understanding of applicable legal conditions are essential for a lawful and transparent adoption. Prospective adoptive parents should work closely with competent authorities and licensed adoption agencies, and avoid all unofficial channels. Legal and psychological readiness not only protects the rights of all parties involved but also helps create a loving, stable family environment for children—the most vulnerable members of society who deserve care and protection.

Harley Miller Law Firm

• Email: info@luatminhnguyen.com/miller@hmlf.vn
• Website: luatminhnguyen.com or hmlf.vn
• Hotline: +84 9372 15585