The Memorandum of Agreement (MOA) on Adoptions between the United States and Vietnam expired on September 1, 2008. Intercountry adoption from Vietnam to the U.S. is not possible at this time, including exceptional cases.
Vietnam Adoption Reform
Vietnam has made immense progress on adoption reform over the last 2 years. In June 2010, the National Assembly of Vietnam passed a new adoption law which took effect on January 1, 2011. The Vietnamese Prime Minister subsequently signed the new adoption decree on March 21 and it took effect on May 8. The Ministry of Justice issued Circular 12/2011/TT-BTP on Promulgation and Usage of Adoption Forms on June 27, 2011 and plans to introduce a new Circular on Management of foreign Adoption Service Providers in the near future.
Currently, Vietnam continues their efforts to implement the new law and achieve Vietnam’s stated goal of ratifying the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the Hague Adoption Convention).
Vietnam signed the Hague Adoption Convention on December 7, 2010 and is in the process of depositing its ratification instrument. It is expected that the Convention would enter into force (and Vietnam would become a party) in the near future. Under U.S. law, if/when Vietnam becomes a party to the Convention, the United States Central Authority (USCA) must evaluate whether procedures leading to the adoption of a child in Vietnam conform to the standards established by the Convention and the U.S. Intercountry Adoption Act (IAA). At this time it is not possible to estimate when adoptions between the United States and Vietnam may resume.
It has emerged that following discussions between the Irish and Vietnamese authorities, Vietnam is preparing to ratify the Hague Convention on inter-country Adoption.
The international agreement, which Ireland signed up to last year, is a system of co-operation among countries ensuring that adoptions take place in the best interests of the children concerned.
Minister for Children Frances Fitzgerald, who recently met the Vietnamese Ambassador, has expressed confidence that Vietnam will sign up to the convention in the near future.
In late July Chinese police broke up two trafficking rings and rescued 89 Vietnamese children ranging in age from 10 days to 4 years. According to Thanh Nien News,
A total of 369 suspects have been detained in a series of coordinated raids throughout China, the report said, citing China’s Ministry of Public Security.
In one case, police in Guangdong Province and Guangxi Zhuang Autonomous Region on July 15 detained 39 suspects and saved eight children, ranging from 10 days to seven months old. They were all given sleeping pills in order not to be discovered.
The individuals running the operations were largely Vietnamese.
Police sent the rescued children to orphanages as their parents had not been found.
It is often difficult to trace the parents of trafficked children and the law has not clearly defined the circumstances in which a buyer of a child should be punished. While many babies are stolen, some are sold by their parents.
Liu Ancheng, deputy director of the Ministry of Public Security Criminal Investigation Bureau, was quoted in the People’s Daily report as saying that if the buyers have not abused the children, they cannot be held criminally responsible.
David Shear is on his way to Vietnam to take up his post as ambassador there after Sen. Mary Landrieu (D-LA) lifted her hold, which she placed in order to pressure the State Department to act on Vietnamese adoption and custody problems.
I have spent my career in the Asia-Pacific region, and I am personally committed to using all of the knowledge and skills I have gained over the past 29 years to pursue the American people’s interests in Vietnam. If confirmed, I will do my utmost to ensure that our relationship with Vietnam is among the most successful in the East Asian region. There is much work to be done, and I look forward to earning your confidence.
Shear’s confirmation hearing statement also touched on issues such as security, climate change, trade and residual issues relating to the war, but made no reference to international adoption.
