Because Vietnam is party to the Hague Adoption Convention, children from Vietnam must meet the requirements of the Convention in order to be eligible for inter-country adoption. For example, the adoption may take place only if the competent authorities of Vietnam have determined that placement of the child within Vietnam has been given due consideration and that an inter-country adoption is in the child’s best interests. At this time only children who qualify under the Special Adoption Program are eligible for inter-country adoption from Vietnam. See below for more information. In addition to qualifying as a Convention adopteeunder immigration law, a child must meet the following requirements of Vietnam.

ELIGIBILITY REQUIREMENTS:

    • Relinquishment: For a child to be eligible for adoption, the birth parent(s) or guardian must give their voluntary written consent to the emigration and adoption of the child to the provincial Department of Justice. The consent must be given no earlier than 15 days after the child’s birth. Furthermore, birth parent(s) will have an additional 30 days to retract their consent before the child can be determined eligible for inter-country adoption.
    • Abandonment: For abandoned children whose parents are unknown and who are being cared for in an institution, the head of the institution where the child lives gives consent to the adoption to the provincial Department of Justice. In addition, the provincial police must provide the provincial Department of Justice with a police report verifying the search for biological parents.
    • Age of Adoptive Child: The child must be under 16 years old to be eligible for inter-country adoption. Children who are 16 or 17 may be adopted by a stepparent or maternal/paternal uncle or aunt. Children who are nine or older must give their voluntary consent to the adoption. Children who are five and older are included in “List 2.” “List 2” is Vietnam’s legal mechanism for identifying children with special needs, children aged five and older, and children in biological sibling groups of two or more who may be eligible for inter-country adoption through the Special Adoption Program. Please note that age requirements in your country for a child adopted from a Convention country differ from Vietnam’s requirements.
    • Sibling Adoptions: Children in biological sibling groups of two or more are included in “List 2” and may be eligible for inter-country adoption through the Special Adoption Program. Vietnam prioritizes placing siblings together with the same adoptive family.
    • Special Needs or Medical Conditions: Children with disabilities, HIV/AIDS, and other severe medical conditions, as defined by Vietnamese law, are included in “List 2” and may be eligible for inter-country adoption through the Special Adoption Program.
    • Waiting Period or Foster Care: The Vietnamese requirement to conduct a search for eligible domestic prospective adoptive parents is waived in “List 2” cases of children with special needs, children aged five and older, and children in biological sibling groups.
    • Other: According to Vietnamese law, an adoption by a Vietnamese citizen permanently residing in another country is considered an inter-country adoption. In general, Vietnam’s MOJ/DA considers an adoption of a child from Vietnam who will subsequently be moved to another Convention country following an adoption or for the purpose of an adoption as an inter-country adoption subject to the Convention. Vietnam’s MOJ/DA also generally considers Vietnamese children temporarily in the country you live in a non-immigrant status to be permanent residents in Vietnam and subject to the Convention.