New Intercountry Adoption Program With Vietnam Begins

 Vietnam Authorizes two U.S. Adoption Service Providers to begin Intercountry Adoptions from Vietnam to the United States through a Special Adoption Program Beginning September 16, 2014.

Vietnam’s Central Adoption Authority, the Ministry of Justice, announced that it has authorized two U.S. adoption service providers to facilitate intercountry adoptions in Vietnam. On September 16, the Ministry of Justice officially presented the licenses to two U.S. adoption service providers – Dillon International and Holt International Children’s Services. They were selected to operate the intercountry Special Adoption Program for

· children with special needs,
· children aged five and older, and
· children in biological sibling groups of two or more

It should be noted that the United States will not process Convention adoptions from Vietnam that fall outside the parameters of the Special Adoption Program. However, the US government will continue to monitor the Vietnamese child welfare program, to determine if the intercountry adoption program can be expanded.

Inter-country adoption between the United States and Vietnam has been inactive since 2008. Since that time, Vietnam has strengthened its commitment to reforming its adoption system. The Government of Vietnam has taken a number of steps to improve its implementation of the Hague Convention adoption procedures, particularly in adoptions of children with special needs and for older children and biological sibling groups. A new adoption law, implementing decree, and related circulars have been passed and are being implemented. The United States has now determined that, through the Special Adoption Program, it will be able to process Convention adoptions from Vietnam. However, the United States will not process Convention adoptions from Vietnam that fall outside the parameters of Vietnam’s Special Adoption Program.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Vietnam, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.

WHO CAN ADOPT? In addition to the U.S. requirements, prospective adoptive parents need to meet Vietnam’s requirements in order to adopt a child from Vietnam:

o Under Vietnamese law, prospective adoptive parents must be at least 20 years older than the child to be adopted unless the prospective adoptive parent is a step-parent or maternal/paternal aunt or uncle of the child to be adopted.
o Vietnamese law permits intercountry adoption by both single persons and married couples, but, Gay, lesbian, transgender, and intersex individuals and same-sex couples – whether married or unmarried – are not eligible to adopt from Vietnam.

VIETNAM’S ELIGIBILITY REQUIREMENTS:

o Relinquishment: For a child to be eligible for adoption, the birth parent(s) or guardian must give their voluntary written consent to the adoption of the child to the provincial Department of Justice.
o Abandonment: For abandoned children whose parents are unknown and who are being cared for in an institution, the head of the institution where the child lives gives consent to the adoption to the Provincial Department of Justice.
o Age of Adoptive Child: The child must be under 16 years old. Children aged nine or older must give their voluntary consent to the adoption.
o Special Needs or Medical Conditions: Children with disabilities, HIV/AIDS, and other severe medical conditions, are included in “List 2,” which is Vietnam’s legal mechanism for identifying children with special needs, children older than five, and children in biological sibling groups of two or more who are available for adoption. Vietnam’s procedures for determining the eligibility for intercountry adoption of children with special needs will be shortened and expedited.
o Sibling Adoptions and Older Child Adoptions: Children in sibling groups and children who are older than five years of age are also listed in the aforementioned “List 2” and are subject to the same expedited procedures that apply to adoptions of children with special needs.

HOW TO ADOPT

1. Choose a U.S. accredited or approved adoption service provider that has been authorized by the Vietnamese MOJ to operate in Vietnam (Dillon International or Holt International).

2. Apply to USCIS to be found suitable and eligible to adopt (Form I-800A). Once USCIS determines that you are “suitable” and “eligible” to adopt by approving the Form I-800A, your adoption service provider will provide your approval notice, home study, and any other required information to the MOJ in Vietnam as part of your adoption dossier. Vietnam’s MOJ will review your application to determine whether you are also eligible to adopt under Vietnam’s law.

3. Be matched with a child by authorities in Vietnam

4. Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the adoption (I-800) Remember: Before you adopt a child in Vietnam, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption in Vietnam.

5. Adopt the child in Vietnam

6. Obtain a U.S. immigrant visa for your child and bring your child home

Being Matched with a Child in Vietnam: If both the United States and Vietnam determine that you are eligible to adopt, and the MOJ in Vietnam has determined that a child is available for adoption, and that intercountry adoption is in that child’s best interests, MOJ may provide you with a referral for a child. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of a specific child in Vietnam. MOJ/DA will provide a background study and other information, if available, about the child to help you decide whether to accept the referral or not. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child. If you accept the referral, the adoption service provider communicates that to MOJ.

Applying to USCIS for the Child to be Found Eligible for Immigration to the United States and Receive U.S. Agreement to Proceed with the Adoption

After you accept a match with a child, you will apply to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval for the child to immigrate to the United States (Form I-800).

USCIS will make a provisional determination as to whether the child appears to meet the definition of a Convention Adoptee and will likely be eligible to enter the United States and reside permanently as an immigrant.

After provisional approval of Form I-800, your adoption service provider or you will submit a visa application to the Consular Section of the U.S. Embassy in Hanoi, which is responsible for issuing immigrant visas to children adopted from Vietnam. A consular officer will review the provisionally approved Form I-800 and the visa application for possible visa ineligibilities and advise you of options for the waiver of any noted ineligibilities.

Adopting a Child in Vietnam

o Role of Adoption Agencies: The adoption agency facilitates the adoption on behalf of the prospective adoptive parents, including assembling the application dossier for submission to MOJ, providing logistical support for prospective adoptive parents and their adopted child, and providing post-adoption reports to MOJ. The agency is also responsible for fully informing prospective adoptive parents about the child’s medical condition, if applicable, so that they can make an informed decision about the adoption.
o Time Frame: The adoption process in general can be lengthy, usually at least 2-3 years.
o Cost: $30,000 USD is a conservative estimate of all of the expenses involved in an adoption from Vietnam.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.1. Many Vietnamese in the US would like to adopt a niece or nephew from Vietnam in order to provide the child with a better life. Can this be done?
A.1. The child can only be adopted within the categories that have been established: five years of age or older, or with special needs, or as siblings (2 or more), one of which must be under 16 years of age.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. If I know about a child under the age of five, can I start the adoption procedure now because the child will be five years old by the time the process is complete?
A.2. The child must be five or older at the time the procedure is started.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.3. A same-sex couple is interested in adopting a child from Vietnam because same-sex adoptive parents are often approved in US adoption cases. Why does Vietnam not allow this?
A.3. Each country has the right to determine what kind of family the child will live with. Same-sex unions are not yet legal in Vietnam.


ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru 

9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638