Adoption Information: Vietnam
Vietnam Is Accepting Applications for Authorization from Hague Convention-Accredited U.S. Adoption Service Providers
On July 22, 2013, the Department of State announced that the Government of Vietnam is accepting applications from Hague Convention-accredited U.S. adoption service providers (ASPs) for authorization to operate in Vietnam. After a vetting process, Vietnam’s Hague Adoption Convention Central Authority, the Ministry of Justice’s Department of Adoptions, will authorize a maximum of two U.S. ASPs to operate a proposed, limited intercountry adoption program for children with special needs (as defined by Vietnamese law), children older than five, and children in biological sibling groups of two or more. Vietnam’s Central Authority stated that applications from ASPs must be submitted by September 22, 2013, but did not provide a specific timeline for the review or selection process, which could be lengthy. ASPs should visit the Department of State’s website for further details on Vietnam’s decision. Please note that Hague Convention adoptions from Vietnam to the United States may not proceed at this time.
USCIS Cautions Families Not to File with USCIS at this Time
USCIS recommends that families do not file Forms I-800A or I-800 unless the Department of State announces that Hague Convention adoptions from Vietnam may proceed. Please monitor the Department of State’s website, which will be updated as further information becomes available.
Form I-800A Applications
USCIS may currently accept a Form I-800A filing indicating Vietnam as the country of intended adoption. However, if prospective adoptive parents do not work with a U.S. ASP authorized by Vietnam to operate the proposed limited intercountry adoption program, then USCIS will not be able to provisionally approve the Form I-800 petition if the prospective adoptive parents are later matched with a child from Vietnam under the limited program. Additionally, if on a Form I-800A application, prospective adoptive parents seeking to adopt in Vietnam do not list a U.S. ASP authorized by Vietnam, then they would have to switch to a U.S. ASP that Vietnam has authorized for this proposed program. If prospective adoptive parents must switch ASPs, they may need to amend their home study so that it is supervised or performed by an accredited and authorized ASP, and this could impose more delays and costs in the adoption process.
Form I-800 Petitions
USCIS will continue to reject Form I-800 petitions filed on behalf of children in Vietnam unless the Department of State announces that they, as the U.S. Central Authority for the Hague Adoption Convention, can issue the necessary Hague Certificates for cases under the proposed limited program. At this time, the Department of State cannot issue the required Hague Convention certificates in Vietnamese adoption cases.
The Hague Adoption Convention, which entered into force for the U.S. on April 1, 2008, protects the welfare of children, birth parent(s) and adoptive parent(s) engaged in intercountry adoptions. Effective April 1, 2008, new intercountry adoptions between the United States and other Hague Convention countries must comply with Hague Adoption Convention standards. The Convention entered into force for Vietnam on February 1, 2012. In the U.S., Hague Convention adoptions are processed on USCIS Forms I-800A and I-800. Note: the Department of State has determined that Hague Convention adoptions from Vietnam to the U.S. may not proceed at this time.
Please see USCIS Unable to Resume Processing Adoptions from Vietnam for more background information.
Last Reviewed/Updated: 10/22/2013