Prospective Adoptive Parents Wishing to Pursue a Hague Convention Adoption in Vietnam

Under a Hague Adoption Convention, Special Adoption Program, prospective adoptive parents must work with an Adoption Service Provider (ASP) that has been authorized by Vietnam to facilitate inter-country adoptions under the Special Adoption Program and may only seek to adopt a child or children from Vietnam referred by the Vietnamese Central Authority:

  • Who has/have special needs;
  • Who is/are age five and older;
  • Who are in a biological sibling group.

If the child you are intending to adopt meets one or more of these qualifications, your adoption case can proceed under the Hague Adoption Convention Special Adoption Program.

Please see the chart below to determine whether your inter-country adoption case for a child from Vietnam can proceed under the Hague Adoption Convention Special Adoption Program:

 

Status of Child(ren) from Vietnam

Can Your Adoption Case Proceed under the Hague Adoption Convention Special Adoption Program?
If a child from Vietnam hasspecial needs… Yes.
If a child from Vietnam isaged five and older… Yes.
If children fromVietnamare adopted as a birth sibling group… Yes.
If a child from Vietnam is under 5 years old, but has special needs… Yes.
If children from Vietnam are under the age of five and do not have special needs, but are adopted as a birth sibling group… Yes.

Background

The Hague Adoption Convention entered into force for Vietnam on February 1, 2012. As of that date, any new inter-country adoptions between your country and Vietnam must comply with the Convention standards

Based on an assessment of the additional steps taken by the government of Vietnam to implement the Convention, the Department of State in 2014 determined that it could begin processing certain inter-country adoptions from Vietnam through a Special Adoption Program under the Hague Adoption Convention.  Processing of these cases will begin three weeks after the date that Vietnam’s Central Authority, the Ministry of Justice, announces its authorization of adoption service providers.

Family requirements

Parents’ Ages

  • Both heterosexual married couples and single applicants, ages 25-55, may apply.
  • Parents must be at least 20 years older than the child

Length of Marriage

  • Couples married at least 2 years for first marriage
  • At least 3 years for a second marriage

Children in Family Prior to Adoption

  • No more than 5 children prior to adoption

Child’s Gender

  • Families may choose the gender of their child.

Travel

  • 1 trip, probably 2-3 weeks in length

Post-Placement

  • Reports will be due, but the schedule is to be determined.

Timeline

To be determined. Because this is a new program, we don’t have timelines yet. As families move through the process, we will have better estimates to share. All updates will be put on the website as soon as they are available.

  • In addition to being found suitable and eligible to adopt, prospective adoptive parents seeking to adopt a child from Vietnam must meet the following requirements of Vietnam:
  • Residency:Vietnam does not require that prospective adoptive parents reside in Vietnam for a specified period prior to completing an inter-country adoption. To finalize the adoption, however, at least one adopting parent must travel to Vietnam to receive the adopted child in person at the “Giving and Receiving” ceremony before the appropriate Vietnamese authorities. If only one member of an adopting married couple travels to Vietnam, Vietnam requires that the traveling spouse have in his/her possession a Power of Attorney from the other spouse, notarized and authenticated by the Vietnamese Embassy in your country or one of the Vietnamese Consulates General elsewhere.
  • Age of Adopting Parents:Under Vietnamese law, prospective adoptive parents must be at least 20 years older than the child to be adopted unless the prospective adoptive parent is a step-parent or maternal/paternal aunt or uncle of the child to be adopted.
  • Marriage:Vietnamese law permits inter-country adoption by both single persons and opposite-sex married couples. Gay, lesbian, transgender, and intersex individuals and same-sex couples – whether married or unmarried – are not eligible to adopt from Vietnam.
  • Income:There is no minimum income required. The Vietnamese Central Authority, the Ministry of Justice, Department of Adoptions (MOJ/DA), will assess the economic, housing, and health conditions of prospective adoptive parents, who must demonstrate that they are sufficient to ensure the care and education of the adopted child.
  • Other:Vietnamese authorities impose other eligibility requirements, including that the prospective adoptive parents are of good morals and are legally competent. Specifically, Vietnam requires that prospective adoptive parents have not had their parental rights to their own children restricted, must not be in prison, and must not be subject to administrative sanctions imposed by an educational or medical institution. Specific offenses that will disqualify prospective adoptive parents include: deliberately violating the life, health, dignity, and honor of others; mistreating grandparents, parents, spouses, children, or caregivers; enticing, coercing, or hiding juvenile offenders; and the trafficking, exchanging, or kidnapping of children.