Is it possible for me to refuse to support my adopted child after divorce?

In 2016, my wife and I got married and have adopted N.A as a child. We have completed all the papers and procedures as prescribed in the regulations. Now that our feelings no longer exist, we agree to divorce and raise our child. My wife will raise N.A, so do I have the right to refuse to support N.A because the baby is an adopted child? I hope that FDVN Law Firm will respond to me soon.

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

According to Clause 1, Article 24 of the Law on Adoption 2010, there are provisions on consequences of adoption:

“From the date of delivery and receipt of an adopted child, the adoptive parents and adopted child will have all the rights and obligations between parents and child; and the adopted child and other members of the adoptive parents family will also have the rights and obligations between them under the law on marriage and family, the civil law and other relevant laws.”

And the support for children after a divorce is specified in Clause 2, Article 82 of Law on Marriage and Family 2014: “The parent who does not directly raise a child shall support this child.”

Thus, from the date of adoption, you and your child, N.A have full rights and obligations of parents and children. One of the obligations you have to perform is the obligation to support without directly raise your child after divorce, this support regardless of natural or adopted children.

Except for the case that between you and your child, N.A has one of the grounds to terminate the adoption as stipulated in Article 25 of the Law on Adoption 2010 as follows:

• The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;
• The adopted child is convicted of any of the following crimes: intentionally infringing upon the lives, health, dignity and honor of the adoptive parents; maltreating and persecuting the adoptive parents and dissipating the adoptive parents' property;
• The adoptive parents are convicted of intentionally infringing upon the lives, health, dignity and honor of the adopted child; or maltreating and persecuting the adopted child;
• Taking advantage of adoption for self-seeking purposes, exploiting the working capacity, sexually abusing, abducting or trafficking in children;
• Forging papers for adoption settlement;
• Discriminating between natural and adopted children;
• Taking advantage of adoption to violate the population law;
• Abusing the adoption by war invalids, persons with meritorious services to the revolution or ethnic minority persons to enjoy state incentives;
• Grandparents adopting their grandchildren or siblings adopting one another;
• Taking advantage of adoption to act against the law or fine national customs, practices, ethics or cultural traditions.

So if you do not belong to one of the grounds to terminate the adoption above, you will not be able to terminate the adoption and still have the obligation to support when not directly raising your child.

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Suong - FDVN Law Firm

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