Tiếng Việt
Table of Contents
1. Conditions for adoptive parents
2. Cases in which adoption is not permitted
3. Are homosexual couples allowed to adopt children?
1. Conditions for adoptive parents
According to Clause 1, Article 14 of the 2010 Law on Adoption, the conditions for adoptive parents are as follows:
“Article 14. Conditions on adopting persons
1. An adopting person must fully meet the following conditions:
a) Having full civil act capacity;
b) Being 20 years or more older than the adopted person;
c) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d) Having good ethical qualities.”
In the case of a stepfather adopting his wife’s stepchild, a stepmother adopting her husband’s stepchild, or an aunt, uncle, or paternal uncle adopting a nephew or niece, the provisions of Point b and Point c, Clause 1 of this Article shall not apply.
2. Cases in which adoption is not permitted
According to Clause 2, Article 14 of the 2010 Law on Adoption, the following persons are not allowed to adopt:
“2. The following persons may not adopt a child:
a) Having some of the parental rights over a minor child restricted:
b) Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c) Currently serving an imprisonment penalty:
d) Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
3. Are homosexual couples allowed to adopt children?
According to Clause 3, Article 8 of the 2010 Law on Adoption, “3. A person may be adopted by only one single person or two persons being husband and wife.”
Based on the above provisions, one of the conditions for the right to adopt a child is that the individual is single or by both legal spouses.
Simultaneously, Clause 2, Article 8 of the 2014 Law on Marriage and Family stipulates: “2. The State shall not recognize marriage between persons of the same sex.”Therefore, a marriage between people of the same sex is not yet a legal marriage. That means that homosexual couples cannot adopt children according to the law.
However, homosexuals can adopt children as single individuals if they meet the conditions specified in Article 14 of the 2010 Law on Adoption.