CAN FOREIGNERS WITH BRITISH NATIONALITY ADOPT CHILDREN IN VIETNAM

Legal situation: I am a British citizen, 45 years old, single, and currently residing in Hong Kong. I would like to come to Vietnam to adopt a child, but at present, I have not identified any specific child to adopt as I do not know anyone in Vietnam. Am I able to adopt a child in Vietnam?

FDVN’s Opinion:

Thank you for trusting and sending your question to the FDVN Law Firm. After researching the legal regulation, FDVn has the following information to share:  

Article 28 Law on adoption regulation Cases of intercountry adoption following:

“ 1. Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.

2. Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:

a/ He/she is the step father or step mother of the to-be-adopted child;

b/ He/she is the natural aunt or uncle of the to-be-adopted child;

c/ He/she has adopted a child who is a sibling of the to-be-adopted child;

d/ He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;

e/ He/she is a foreigner currently working or studying in Vietnam for at least 1 year;

3. Vietnamese citizens permanently residing in the country adopt a foreign child.

4. Foreigners permanently residing in Vietnam adopt a child in Vietnam.”

In comparison to your case, if you wish to adopt a child in Vietnam and do not fall under one of the specified special cases of designated adoption, the country where you are residing must also be a member of an international adoption treaty with Vietnam. Currently, the process of allowing Vietnamese children to be adopted by foreign parents is conducted within the framework of bilateral international treaties between Vietnam and the following countries: the Republic of Ireland; the Kingdom of Belgium; Canada; the Kingdom of Denmark; the Federal Republic of Germany; the United States of America; the Republic of Italy; the Grand Duchy of Luxembourg; the Republic of Malta; the Kingdom of Norway; the Republic of France; the Kingdom of Spain; the Kingdom of Sweden; and the Swiss Confederation.

It can be seen that the United Kingdom and Hong Kong are not on the list of countries that have signed bilateral international treaties with Vietnam regarding adoption. Therefore, you are not permitted to adopt a child unless you fall under one of the following designated adoption cases:

• He/she is the step father or step mother of the to-be-adopted child;
• He/she is the natural aunt or uncle of the to-be-adopted child;
• He/she has adopted a child who is a sibling of the to-be-adopted child;
• He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;
• He/she is a foreigner currently working or studying in Vietnam for at least 1 year.

The above is FDVN's legal advice in response to your request, based on a study of relevant legal provisions. We hope that FDVN's advice will be helpful to you.

According to Thảo Nguyên – Lawyer at FDVN

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