Adoption Notice: Vietnam

July 28, 2010

Intercountry adoption is not possible from Vietnam at this time.
Adoption service providers and prospective adoptive parents should not
seek or accept new (or potential) adoption referrals from Vietnam until
an announcement is posted that the United States Citizenship and
Information Service (USCIS) is again processing new I-600 or I-800
petitions for adoption in Vietnam. No such announcement is expected in
the near future.

In June 2010, the Vietnamese legislature passed a new adoption law
scheduled to take effect January 2011. Vietnamese officials are now
drafting regulations and procedures to implement this new law and
achieve Vietnam’s stated goal of acceding to the Hague Convention on
Protection of Children and Co-Operation in Respect of Intercountry
Adoption (the Convention).
Vietnamese law requires that in order for adoptions to resume from
Vietnam, either a new bilateral agreement must be in place between the
United States and Vietnam, or Vietnam must accede to the Convention.

The United States recognizes these initiatives as significant
developments in the renewed commitment by the Government of
Vietnam to strengthen its child welfare system and the integrity of its
domestic and international adoption process. Nevertheless, adoption
service providers and prospective adoptive parents are cautioned that
important steps must still be taken before Vietnam completes this reform
process and before intercountry adoptions between the United States and
Vietnam can resume.

Most importantly, the Government of Vietnam must draft, finalize, and
promulgate regulations and standards that, among other things, will
establish procedures to:

* Accredit and regulate U.S. adoption service providers to perform
adoption-related work in Vietnam;

* Establish adoption fees and procedures for monitoring their
collection;

* Clarify procedures for reporting and reviewing donations that may be
made to orphanage and child welfare
organizations by organizations or individuals engaged in intercountry
adoption to ensure that such donations do not influence placements,
procedures, or approvals;

* Evaluate the suitability of prospective adoptive parents; and

* Ensure that all required efforts for domestic placement have been
fully met before a child is considered for
intercountry adoption.

Under U.S. law, if/when Vietnam becomes a party to the Convention, the
United States Central Authority (USCA) must be able to certify that
procedures leading to the adoption of a child in Vietnam would conform
to the standards established by the Convention and the U.S. Intercountry
Adoption Act (IAA). The USCA may not determine whether such a
certification can be made until
Vietnam has completed the accession process. For these reasons,
prospective adoptive parents are warned not to enter into any agreement,
implied or stated, regarding the prospective adoption of a child in
Vietnam until such a time as the USCA determines that Vietnam’s process
complies with the Convention and IAA, and USCIS has announced that I-800
petitions for Vietnamese children are being accepted for processing.

The USCA cautions adoption service providers that they should not offer
or appear to offer adoption services in Vietnam (other than for those
transition cases still being processed under the former regulations)
until specific adoption service providers have been accredited or
otherwise approved by the Government of Vietnam. In addition, under
applicable U.S. regulations, accredited or approved adoption service
providers may only provide services in a Convention country if the USCA
has determined that the Convention country is compliant with Convention
standards. That determination cannot be made in relation to Vietnam
until after its accession to the Convention.

The United States welcomes Vietnam’s strong efforts to create a child
welfare system and an intercountry adoption process that will meet its
obligations under the Convention. Although the Government of Vietnam
has proposed a timeline for completing the regulations and making a
formal request to be recognized as a Convention partner, it is not
possible to estimate when adoptions between the United States and
Vietnam may resume.

Updated information will be provided on www.adoption.state.gov
as it becomes available.

Be Sociable, Share!