Question: I would like to confirm that an International Adoption between Vietnam and Brazil is fully possible.
The form of the International Adoption we’re looking for is one that can be made only through the Central Authorities responsible to deal with these matters in our respective countries.
Our law firm would take care of the process here with the Brazilian Central Authority meanwhile your law firm would assist in the international adoption on the Vietnamese Central Authority. We would like to confirm if the International Adoption made in this way is possible.
About the children characteristics, our client doesn’t have a target child, but we already have an idea of the profile we’re looking for.
We’re looking for healthy and young children, with ages between 0 to 6 years old, who are available for international adoption.
We don’t have any preferences about their gender, but we would like to know if it’s possible to our clients to visit vietnamese orphanages.
Visiting the orphanages before, or during, the international process would help our clients in creating a bond with one of the children and make the adoption more successful.
That’s why we would like to know if a visit to the orphanages where the children available for international adoption it’s possible.
Answer: I am Lawyer of SB Law. I was entrusted to support you in this issue.
Since there is no co-operation agreement on adoption issue between Brazil and Vietnam, any citizen of Brazil who want to adopt a child in Vietnam must satisfy the following conditions:
(a) Having been continuously residing in Vietnam for at least 12 months before filing application for intercountry adoption. The applicant must present an affidavit stating that he/she satisfies the condition of continuously residing in Vietnam for at least 12 months until the filing date of application dossier. Affidavit must be certified by local police of the place where he/she resides in Vietnam.
Please note that any discontinuance during his/her residence period in Vietnam may lead to refusion from Central Adoption Authority of Vietnam. For this purpose, applicant should have a stable residence place in Vietnam. A long-term leased residence house/apartment shall be preferred.
(b) Applicant has a stable regular income. Applicant can prove this through a long term employment contract with a company/entity in Vietnam. He/she must also show his/her Work Permit or Approval letter issued by competent authority stating that the applicant is exempted from requirement of work permit. A company/entity having long history of development and good fame being as Employer shall be preferred. NGO, Universities, Colleges, State Owned Companies, Governmental Offices or big companies in Vietnam can be a good choice.
(c) Applicant is granted clean criminal record duly issued by competent authority in Vietnam. Beside this, applicant also needs to provide recommendation letters prepared by her/his neighbor/colleagues/relatives in Vietnam stating that he/she is eligible to take care a child.
(d) Applicant must have liaised with an Orphan Center approved in Vietnam and such Orphan Center must have introduced him/her a child suitable for the applicant. Portrait photo, certificate of birth and health dossier of the child must be enclosed with the application dossier for adoption filed to Central Adoption Authority of Vietnam. It is not easy to liaise and contact with Orphan Center approved in Vietnam to have personal information of children cared for by them.
Almost all of Orphan Centers are afraid of that early contact between potential adopters and child may cause bad impact to the child if the adoption application dossier is refused. Furthermore, they also need time to understand more about the applicant for avoidance of that the applicant has been involved with accusation before.
Please note that during time the application is reviewed or examined by Center Adoption Authority of Vietnam, applicant should retain his/her regular residence in Vietnam. Center Adoption Authority may contact with Applicant without prior notice just to verify his/her statement. Failure of such contact may also lead to refusion.
Last but not least, before granting the final approval, Center Adoption Authority of Vietnam shall ask the Applicant to seek No Objection Letter of competent authority of Brazil to confirm that Brazil shall not object the applicant to adopt a child in Vietnam. Upon receipt of such No Objection Letter, Applicant shall be approved for adopting child in Vietnam.
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