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| Students share their voices at a Children’s Voice Listening Forum in Dong Nai province__Photo: VNA |
The Ministry of Justice (MOJ) has released a draft revised Law on Adoption, focusing on the eligibility criteria for adoptive parents and the age at which children may express their consent to adoption.
Under the draft, adoptive parents must be at least 20 years older but no more than 45 years older than the adopted person. For married couples, the age gap would be calculated based on the younger spouse.
According to the MOJ, this proposal stems from the reality that, in recent years, there have been many cases in which adoptive parents are already elderly, resulting in a significant generational gap. This raises concerns about their ability to ensure the long-term care and upbringing of the adopted child until adulthood.
The 45-year age cap is considered an appropriate measure to safeguard the child’s best interests, enabling them to grow up in a family environment with greater similarity in health and psychological development with their parents.
The age-gap requirement would not apply in humanitarian cases, such as when a stepparent adopts his/her spouse’s child or when a biological aunt or uncle adopts a niece or nephew.
Regarding the age of the adopted person, the draft retains the framework set out in the 2010 Law on Adoption, limiting eligibility to those under 18. Children aged between 16 and 18 may only be adopted if they are adopted by a stepparent or by a biological aunt or uncle.
The draft also introduces an additional requirement, stipulating that children aged between 16 and 18 may only be adopted if they are orphans or their biological parents are unable to provide adequate care and upbringing.
In addition to age-related criteria, the draft significantly tightens moral and criminal record requirements for prospective adoptive parents. While the 2010 Law on Adoption only prohibits individuals serving prison sentences, the draft expands the restriction to include those who are subject to imprisonment but have had their sentences suspended and have not yet completed their probation period.
The MOJ stated that such revision is necessary to mitigate legal risks that could adversely affect children after adoption, as individuals serving suspended sentences may still be required to resume serving their sentence if they breach probation conditions. Allowing them to adopt a child during this period could therefore put the child’s welfare at risk.
The draft also proposes lowering the age at which a child may express consent to adoption from nine to seven years old. Listening to children at the age of seven would help authorities better understand their wishes, ensuring that adoption decisions are based on the child’s consent and best interests, according to the MOJ.- (VLLF)
