Vietnam strictly regulates intercountry adoption to protect the best interests of children. A common question is whether a foreigner, particularly a single woman, can adopt a Vietnamese child. This issue involves both the Law on Adoption 2010 and Vietnam’s international commitments, including the 1993 Hague Convention. Analyzing current regulations clarifies the rights of foreign single individuals and outlines the conditions and procedures required to ensure legality and protect children’s interests in the adoption process.

1. General Legal Documents on Adoption

The Law on Adoption 2010 is the central legal document governing all aspects of adoption in Vietnam, including domestic adoption and adoption with foreign elements. This Law establishes principles, conditions, competence, order, and procedures for adoption; rights and obligations of adoptive parents, adoptees, and biological parents; and responsibilities of agencies and organizations. The legal system also includes guiding Decrees, Circulars of the Ministry of Justice, and international treaties to which Vietnam is a party—notably the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, along with bilateral agreements on mutual legal assistance and adoption with many countries.

The Law on Adoption regulates cases of adoption with foreign elements, including:

• Vietnamese citizens residing abroad;
• Foreigners permanently residing abroad adopting Vietnamese children;
• Foreigners permanently residing in Vietnam adopting Vietnamese children.

2. Fundamental Principles of Equality and Non-Discrimination

The Law on Adoption 2010 affirms that adoption must be carried out on the basis of voluntariness, equality, non-discrimination between men and women, and compliance with law and social ethics. This provision ensures that every individual, regardless of gender, nationality, or marital status, has the right to adopt if they meet statutory conditions.

The Law emphasizes: “Adoption must ensure the lawful rights and interests of the adoptee and the adopter, be voluntary, equal, non-discriminatory between men and women, and not contrary to law and social ethics…” Therefore, there is no basis to exclude or discriminate against single women, including foreign single mothers, from those eligible to adopt in Vietnam, provided they satisfy other mandatory conditions.

3. General Conditions for Foreigners Adopting Vietnamese Children

3.1. Basic Conditions under the Law on Adoption

Foreigners adopting Vietnamese children must satisfy the following conditions:

• Full civil act capacity;
• Being at least 20 years older than the adoptee;
• Adequate health, financial capacity, and accommodation to ensure the care, upbringing, and education of the adoptee;
• Good moral character.

Cases not eligible to adopt include:

• Individuals restricted in certain parental rights over a minor child;
• Those serving a prison sentence, or without expunged criminal records for serious crimes related to children, honor, or dignity;
• Individuals subject to administrative handling measures.

3.2. Requirements under Foreign Law

Article 29(1) of the Law on Adoption 2010 provides: “Vietnamese citizens residing abroad, foreigners permanently residing abroad adopting Vietnamese children must satisfy the conditions prescribed by the law of the country where they permanently reside and the conditions prescribed in Article 14 of this Law.”

This means that, in addition to the criteria set by Vietnam, a foreign single mother must also comply with the conditions of the law of the receiving country (for example: France, the United States, Australia, Germany…), including minimum/maximum age of adoptive parents, marital status requirements, etc.

3.3. Certain Exceptions to Adoption Conditions

In special cases—such as a stepfather adopting his wife’s child, a stepmother adopting her husband’s child, or relatives adopting nieces or nephews—the Law allows exemption from the condition of “being at least 20 years older than the adoptee” and conditions regarding health, financial capacity, and accommodation. However, a foreign single mother adopting a child outside these categories must comply with all general conditions.

3.4. On Marital Status

The Law on Adoption does not prohibit single individuals from adopting. The Law states: “A person may be adopted by a single individual or by both spouses.” This provision aims to avoid legal ambiguity (such as with unmarried couples or same-sex couples not legally recognized).

Accordingly, a foreign single mother (unmarried, divorced, or widowed) need only provide a certificate of marital status issued by the competent authority of her country of residence, and may lawfully adopt in Vietnam if all other requirements are met.

4. Conditions and Required Documents for Foreigners Adopting

4.1. Mandatory Legal Documents

Article 31 of the Law on Adoption 2010 and guiding decrees specify the documents required from foreign adoptive parents, without limitation by marital status.

Foreigners must prepare the following documents:

• Application for adoption;
• Copy of passport or equivalent document;
• Document permitting adoption in Vietnam (issued by the competent authority of the receiving country);
• Report on psychology and family background (issued by a social organization or local authority in the country of residence);
• Health certificate (issued by a medical authority in the country of residence);
• Document certifying income and assets (usually issued by financial institutions, banks, or competent authorities);
• Criminal record certificate;
• Certificate of marital status;
• Document proving eligibility for designated adoption (if any);
• Documents regarding the child to be adopted, prepared by the social protection center, biological parents, guardian, or local authority.

Documents issued by foreign authorities must be legalized and translated into Vietnamese, unless exempted under international treaties.

4.2. Proof of Financial, Health, and Housing Conditions

The adoptive parent must provide documents proving adequate health (medical certificate valid within 12 months), lawful residence, and sufficient financial means to raise, care for, and educate the child. These documents are generally valid for 6–12 months from the date of submission.

4.3. Priority Order in Selection of Substitute Families

Article 5 of the Law on Adoption and guiding documents establish the priority order: step-parents, relatives, Vietnamese citizens residing in Vietnam, foreigners residing in Vietnam, overseas Vietnamese, and finally foreigners residing abroad.

When multiple applicants exist in the same category, the person with the best conditions for the child’s care, upbringing, and education is selected.

4.4. Competence, Procedure, and Order of Examination

According to the Law and guiding decrees, the Ministry of Justice, provincial People’s Committees, Departments of Justice, and relevant humanitarian organizations have competence to examine adoption applications. The procedure includes:

• Submission of documents to the Department of Adoption—Ministry of Justice (through the central authority of the receiving country or licensed adoption organizations);
• Examination and verification of the documents;
• Consultation with relevant individuals and organizations (biological parents/guardian, and the child if aged 9 or older);
• Verification that no domestic adoptive family is available (if the child is in a social protection center);
• Transfer of the documents to the provincial Department of Justice for submission to the provincial People’s Committee for decision;
• Organization of the handover ceremony at the provincial Department of Justice.

The handover must be recorded in writing with signatures of the parties and the representative of the state authority. The adoptive parent must be physically present in Vietnam at the handover.y. The adoptive parent must be physically present in Vietnam at the handover.

5. Provisions in International Treaties – The 1993 Hague Convention

Vietnam has been a member of the Hague Convention since February 1, 2012. All intercountry adoption cases must comply with both Vietnamese law and the mandatory principles of this Convention.

The Hague Convention primarily establishes conditions regarding the best interests of the child, intercountry cooperation, transparency, and verification of the suitability of prospective adoptive parents. A foreign single mother need only meet these principles (clear identity, adequate financial capacity, good health, good moral character, etc.) and be permitted by the law of the receiving country to be considered.

6. Shortcomings in Current Legal Provisions

Currently, the Law on Adoption and guiding documents do not specify detailed standards for “financial capacity” or “housing conditions,” leading to inconsistent assessments among localities. This creates risks for protecting children’s rights and unnecessary administrative barriers for adoptive parents.

Although the law does not discriminate based on gender or marital status, in practice some authorities are stricter with single applicants, particularly women. Certain localities or adoption organizations, due to subjective views or protective concerns regarding child welfare, apply stricter requirements, request additional verification, or delay processing. However, such cases may be appealed or referred to the Ministry of Justice for review in accordance with the law and Vietnam’s international commitments.

In practice, delays also occur due to lack of coordination among agencies, insufficient training of officials in intercountry adoption, and unclear requirements for verifying the identity of foreign single mothers, sometimes leading to requests for supplementary documents not explicitly required by law.

Conclusion 

Analysis of the Law on Adoption 2010 and the Hague Convention confirms that Vietnamese law does not restrict foreigners from adopting based on marital status. The essential conditions are full civil act capacity, good moral character, adequate health, financial capacity, accommodation, and being at least 20 years older than the adoptee. Therefore, a foreign single mother may lawfully be considered for adoption in Vietnam if she satisfies these requirements and complies with the adoption law of her country of residence.

In practice, however, applications from single mothers are examined with greater caution to safeguard the best interests of the child. Competent authorities pay particular attention to financial stability, housing conditions, and long-term plans for care and education. While there is no legal prohibition, a foreign single mother must prepare a comprehensive application, provide clear evidence of her ability to raise the child, and demonstrate that the child’s rights and welfare will be fully protected. This approach reflects the principle that the best interests of the child remain the paramount consideration in all adoption proceedings.

Legal Consulting and Support Services for Adoption Procedures

Harley Miller Law Firm provides consulting, preparation, and implementation services for adoption procedures in Vietnam. With a team of experienced lawyers and legal specialists, we are committed to:

• Providing comprehensive guidance on procedures and required documents in accordance with the Law on Adoption and relevant regulations;
• Representing clients in working with competent authorities to ensure the process is handled efficiently, saving time and costs;
• Ensuring the lawful rights of adoptive parents and children, effectively serving family reunification, education, settlement, and long-term stability.

Contact us today for detailed consultation and the most suitable legal solutions for your adoption dossier.

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