Are uncles prioritized in adopting a child in Vietnam? Is it permissible for above 18-year-old people to be adopted in Vietnam?
Hello Lawnet. My brother and his wife died in a traffic accident. Their child has become an orphan since then. I'm the child's uncle. Am I permissible to adopt the child? Looking forward to your consultancy. Thank you!
Pursuant to Article 5 of the Law on Adoption in 2010 stipulating order of priority in the selection of substitute families in Vietnam as follows:
1. The order of priority in the selection of substitute families is as follows:
a/ Step father, step mother, natural aunt or uncle of the adopted person;
b/ Vietnamese citizens permanently residing in the country;
c/ Foreigners permanently residing in Vietnam;
d/ Vietnamese citizens settling abroad;
e/ Foreigners permanently residing abroad.
2. In case more than one person of the same priority rank seek to adopt a person, adoption shall be considered and settled for the person with the best nurturing, care and education conditions.
As regulations above, you are the child's uncle so you are allowed to adopt him/her. In case more than one person of the same priority rank want to adopt a child, adoption shall be considered and settled for the person with the best nurturing, care and education conditions.
Pursuant to Article 8 of the Law on Adoption in 2010 stipulating persons allowed to be adopted in Vietnam as follows:
1. Children under 16 years.
2. Persons aged between full 16 years and under 18 years falling into either of the following cases:
a/ To be adopted by the step father or step mother;
b/ To be adopted by a natural aunt or uncle.
3. A person may be adopted by only one single
person or two persons being husband and wife.
4. The State encourages adoption of orphans, abandoned children and children in other disadvantaged circumstances.
Therefore, only people aged under 16 years old or between full 16 years old and under 18 years old are allowed to be adopted. You can't be adopted because you are older than 18 years old.
Best regards!