Adoptive parents, also understood as foster parents, are those who become adoptive parents after the adoption process is registered by the competent state authority, as stipulated in Article 2, Section 3 of the 2010 Adoption Law.

For adoption to be legal, adoptive parents must meet the adoption conditions outlined in Article 14 of the 2010 Adoption Law. Specifically, these conditions include:

– Adoptive parents must have full civil capacity.

– The future and life of the adopted person largely depend on the adoptive parents. The legal rights and benefits of the adopted child will not be guaranteed if entrusted to someone who lacks full civil capacity, understanding, or the ability to fulfill parental responsibilities. This is because individuals lacking full civil capacity also require representation or guardianship, as they cannot protect their own legal rights and interests.

This significantly affects the legal rights and benefits of the adopted child. Therefore, to ensure meaningful adoption, adoptive parents must provide a good standard of living for the adopted child, starting with the primary condition that adoptive parents must have full civil capacity.

If adoptive parents are under 18 years old or face difficulties in understanding and controlling their behavior, have their legal capacity restricted or incapacitated by a court, they do not meet the conditions for adoption.

– Adoptive parents must be at least 20 years older than the adopted child.

Biologically, individuals aged 20 and older have reached physical, intellectual, and emotional maturity. At this age, they have financial capability, psychological experience, and full awareness of their responsibilities as parents. This regulation aims to differentiate between adoptive parents and adopted persons, fostering a respectful attitude between the adopted child and the adoptive parents, while reducing instances of sexual abuse by adoptive parents.

However, it is important to note exceptions; these conditions do not apply to stepfathers adopting their wife’s biological child, stepmothers adopting their husband’s biological child, or other relatives (aunts, uncles, etc.) adopting their nephews or nieces as adopted children.

This regulation aims to encourage and create favorable conditions for children to live in their original family environment, receiving love, care, and nurturing from relatives.

– Adoptive parents must have the means regarding health, finances, and housing to ensure care, nurturing, and education for the adopted child.

This is a crucial condition to ensure that the adopted person is well-cared for and nurtured in a good family environment. Good health condition means the ability to fulfill the demanding obligations of parenthood. Financial and housing conditions refer to having sufficient financial resources or stable employment to generate regular income and provide a safe and stable living environment.

Similar to age differences, health and financial conditions for adoptive parents are not mandatory in cases where stepfathers adopt their wife’s biological child, stepmothers adopt their husband’s biological child, or other relatives adopt their nephews or nieces.

– Adoptive parents must have good moral character.

Having good moral character ensures that the adopted person is nurtured, cared for, and educated well, living in a healthy family environment. It also protects the legitimate rights of the adopted person and limits cases where adoption might be exploited for improper purposes or gain.

– They must not fall under the cases where adoption is prohibited under Article 2, Section 14 of the 2010 Adoption Law.

In addition to the four “necessary” conditions mentioned above, adoptive parents must meet the “sufficient” conditions. According to Article 2, Section 14, those who fall under the following categories are not eligible for adoption:

– Currently restricted in some parental rights towards minors.

– Undergoing administrative penalties at educational or medical institutions.

– Serving a prison sentence.

– Not cleared of a conviction for intentionally harming life, health, dignity, honor of others; mistreating or abusing grandparents, parents, spouses, children, grandchildren, caregivers; coercing or harboring minors violating the law; trafficking, swapping, or appropriating children.

The law sets strict regulations regarding the conditions for adopting adopted children mentioned above because the fate of unfortunate children separated from their original families and adopted into other families cannot be jeopardized. These regulations aim to prevent and protect adopted persons from the risks of abuse and harm, thereby ensuring the best protection of the rights and interests of adopted children. The conditions and procedures for adopting children for immigration to the United States.