1. Background to the Irish Adoption Agreement with Vietnam
In December 2002 the Vietnamese authorities suspended inter country adoptions in order to facilitate investigations arising from allegations of corruption and bad practice in the adoption process in Vietnam. The Irish authorities fully supported the efforts of the Vietnamese authorities at the time, and continue to support their ongoing efforts to ensure that inter country adoptions are carried out in the best interests of the children of Vietnam. When the suspension was put in place, the authorities in Vietnam stated that in the future it would only be possible for prospective adopters to adopt from Vietnam if they are living in a country which has a bi-lateral agreement with Vietnam.
The Agreement on Mutual Cooperation Concerning Adoption between Ireland and the Socialist Republic of Vietnam came into operation in July 2004. The Irish authorities approached the Vietnamese authorities to seek such an agreement and, after intense negotiation, this Bi-Lateral Agreement, which is based on the principles and procedures set out in the Hague Convention on Inter Country Adoption, was finalised.
The purpose of the Bi-Lateral Agreement is to regulate adoption between Ireland and Vietnam, and to ensure that it conforms with the Hague Convention on Inter Country Adoption.
2. Responsibilities under the Agreement
(i) Vietnamese Authorities:
Under the Agreement, the Vietnamese authorities are responsible for identifying that a child is eligible to be adopted, for making the proposed placement and for processing the adoption. It is important to understand that adoptions from Vietnam are carried out under Vietnamese adoption law by the sovereign Vietnamese authorities. These processes are exclusively under the control of the Vietnamese authorities.
The International Adoption Department in Hanoi (IAD) - the central authority for adoptions in Vietnam - was established in Hanoi in 2004. It’s functions are to oversee and administer adoptions under the Vietnamese law on adoption under which adoptions by Irish applicants are carried out. The central authority authorises the adoptions, but the legal process -the signing of the adoption order and the carrying out of the Giving and Receiving Ceremony (G&R)- is carried out by the relevant provincial authorities. It is the provincial authority which solely determines the dates for the signing of the adoption decision by the local People’s Committee, and for the Giving and Receiving Ceremony.
The Agreement requires the licensing by the Vietnamese authorities of an Irish registered mediation agency to facilitate adoptions. Helping Hands Adoption Mediation Agency (HHAMA) was issued with this licence to facilitate adoptions in Vietnam.
(ii) Irish Authorities:
Under the Agreement, the Irish Adoption Board is responsible for deeming applicants as eligible and suitable to adopt from abroad, and to issue Declarations of Eligibility and Suitability for this purpose. Details of the assessment process in Ireland are available from your local HSE Area Office / Adoption Society. Once applicants have received a positive recommendation to adopt from their local HSE area and a Declaration of Eligibility and Suitability has been granted by the IAB, an application can be made to adopt from Vietnam through HHAMA.
3. Current Documentation Required for Application to Adopt from Vietnam (Dossier)
[Document requirements may change. You will receive the most up to date list in your registration pack from HHAMA together with some of the required forms.]
| 2. |
Original Marriage Certificate (if applicable ) |
| 3. |
Original Death Certificate (if applicable ) |
| 4. |
Original Divorce documentation (if applicable ) |
| 5. |
Medical letters: TYPED letter from GP for each applicant |
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The medical examination must be less than six months old |
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Valid for 6 months and will require updating |
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Required format for these letters are contained in HHAMA registration pack |
| 6. |
Letter from employer for each applicant (if applicable); or, if self-employed, letter from accountant, confirming the applicants’ employment status and income. |
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Letter must be less than 12 months old |
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Valid for 12 months and will require updating |
| 7. |
Police Certificate of Character for each applicant. |
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Certificates of character must be less than 12 months old |
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Valid for 12 months and will require updating |
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Application form for certificate of character and procedure contained in HHAMA registration pack |
| 8. |
Declaration of Eligibility and Suitability granted by the Irish Adoption Board |
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Valid for 12 months and will require updating |
| 9. |
Letter of Introduction |
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Obtained from the Irish Adoption Board |
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Requires updating when Declaration is updated |
| 10. |
Photocopy of Immigration Clearance |
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Granted by the Department of Justice in Ireland |
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Procedure on how to obtain this contained in HHAMA registration pack |
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Requires updating when Declaration is updated |
| 11. |
Photocopy of Passport(s) |
| 12. |
Declaration of Identity (if applicable) |
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If the name on your birth cert/passport is different to the names on any other paperwork e.g. Tom, Thomas or Tommy. |
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This is an affidavit drawn up by your solicitor. |
| 13. |
Assessment Report prepared by applicants’ local HSE office/Adoption Society.(NB This must be notarised on every page) |
| 14. |
TWO original Vietnamese versions of Application Form for Adoption of Vietnamese Child. (Please ensure to attach required passport photographs to these original forms). |
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Contained in HHAMA registration pack |
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To be completed in English, using the English version of the application form as a guide |
| 15. |
5 passport photographs of each applicant (separate to the photos required for item No. 14) |
| 16. |
1 personal photograph of applicant(s) together |
| 17. |
Letter agreeing to pay all the fees required under the Bi-Lateral Agreement |
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To be witnessed by solicitor |
| 18. |
Post Placement Agreement Form. |
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Contained in HHAMA registration pack |
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To be witnessed by a solicitor |
| 19. |
Letter of Authorisation stating you are using HHAMA |
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Contained in HHAMA registration pack |
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Contained in HHAMA registration pack |
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To be witnessed by a solicitor |
| 21. |
Agreement Form to TNT Terms & Conditions of Carriage |
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Contained in HHAMA registration pack |
Notarising, Certifying and Apostilling Dossier
Items 1 to 13 inclusive have to be notarised by notary public (www.notarypublic.ie), certified by the Supreme Court (01 8725555) and apostilled by the Dept of Foreign Affairs( Dublin 01 4780822 or Cork 021 4944700)
Get one original and two photocopies of this paperwork (items 1-13). All three will have to be notarised, certified and apostilled.
Submit original dossier and one copy dossier to HHAMA (notarised etc.) Keep the other copy dossier (notarised etc.) for yourself to take with you to Vietnam.
4. Updating Paperwork
HHAMA will contact registered applicants by email (or by post if no email address is supplied) in advance of their paperwork expiring and will explain the necessary procedures in updating the documents.
NB: It is applicants’ responsibility to keep the required paperwork in date at all times up until the time of the Giving and Receiving Ceremony. If any of your documentation is not in date you will not be able to receive a proposed placement and furthermore, in order to travel to complete the adoption, your paperwork must have at least 6 weeks left to its’ expiry date from the date of your first visit to the social care centre.
Paperwork Which Has An Expiry Date:
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Declaration of Eligibility and Suitability (Valid for 12 months) (If this needs to be updated Letter of Introduction and Immigration Clearance also needs to be renewed). |
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Medical Letters (valid for 6 months from time of EXAMINATION) |
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Income Letters (valid for 12 months) |
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Police Clearance Certificates (valid for 12 months) |
When You Have Updated Your Documents:
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Get the original updated documents and two photocopies of the updated documents notarised |
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NB Your documents will not need to be certified and apostilled if you used the same Notary Public that you used for the dossier which you registered with HHAMA with. If you use a different Notary Public, you will have to get the updated documents certified and apostilled also. |
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Post the original updated documents and one photocopy of the updated documents (notarised etc.) to HHAMA |
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Bring the other photocopy of the notarised updated documents with you to Vietnam |
Passport
If you have obtained a new passport since completion of your home study, or since you got your dossier together, you will need to get an affidavit from your solicitor, stating you are the same person on the old passport as the new passport, quoting both passport numbers. Contact HHAMA if this applies to you and we will inform you of required procedure.
5. Fees
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Fees are set by the Vietnamese authorities and are subject to change. Please contact the office for details on the current fees. |
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Currently there is no charge for HHAMA’s service. |
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HHAMA will contact you when the fee is required; in due course after you have registered. |
6. Cost of Transmitting Dossiers to Vietnam
HHAMA forwards applicant’s dossiers to Vietnam by courier. Applicants must meet the cost of transmission. Payment must be in the form of a cheque, bank draft or postal order, for the sum of €34.08, made out to Helping Hands Adoption Mediation Agency. (HHAMA will contact you when this is required; in due course after you have registered).
7. Proposed Placements (Referral)
It is important to remember that the child is not your child until the transfer of custody is signed at the Giving and Receiving Ceremony. (Hence the referral is a proposed placement). Circumstances may change the child’s eligibility status right up to the time of the Giving and Receiving Ceremony e.g. the child may become seriously or terminally ill and furthermore the birth family have the right to change their decision up to the time of the completion of the Giving and Receiving Ceremony.
Please note that HHAMA does not know in advance when applicants will receive a proposed placement.
When HHAMA receives a proposed placement, the details are checked to ensure that it conforms with the applicants’ Declaration of Eligibility and Suitability, their assessment report and their application. If everything is in order the proposed placement is forwarded to the Irish Adoption Board for approval. Once approved the applicant is then notified. The appropriate HSE Area Office / Adoption Society are also informed.
Proposed placements include the following:
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The child’s date of birth |
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The place of residence of the child |
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A photograph of the child. |
HHAMA receives no further information on the child or the child’s background. Applicants are required to make their decision based on the above information. Applicants can discuss their proposed placement with the agency in advance of making their decision if they wish. Applicants will only receive any further information that is available at the Giving and Receiving Ceremony, as it will be contained in the child’s dossier.
8. Additional Medical Tests
You receive a medical report on the child when you receive your proposed placement. You are required to make your decision regarding accepting the proposed placement based on this information. If you have concerns when you see the baby on your visit you can request an additional medical. It is the decision of the Director of the social care centre whether the child undergoes a further medical or not. If you do receive another medical you will have to cover the associated costs of the tests and the transport of the child and carer to the hospital. In addition, your Giving and Receiving Ceremony will be put on hold until the tests results are back and you are happy to proceed with the adoption.
9. Travel Date
When applicants accept the proposed placement, HHAMA advises the International Adoption Department (IAD) in Hanoi. The authorities then begin working on the legal process to allow for a full and complete adoption when applicants travel to Vietnam
The travel date will only be issued when the child’s paperwork is complete and in order. This is a legal process and under Vietnamese Law, the authorities in Vietnam have 120 WORKING days to complete it and the associated paperwork prior to issuing of travel dates and can apply for an extension of a further 30 WORKING days if necessary.
NB HHAMA HAS NO CONTROL OVER THIS PROCESS
10. Pre-Travel Course
All applicants are required to attend a one day Pre-Travel Course held in the HHAMA office in Cork. In the case of a joint application (married couple) both applicants must attend. It is a requirement under the agency’s licence to provide the information contained in the Pre-Travel Course to all applicants.
This course covers information relevant to travelling to Vietnam, the process in Vietnam, and when you return home from Vietnam with your child.
11. Visa
Prior to travelling to Vietnam it is necessary to apply to the Embassy of Vietnam in London for a Visa. It is possible to get a one month visa, three month or six month visa. It is vital to ensure that your visa is valid for the duration of your stay in Vietnam. For more information on the visa visit the embassy’s website: (www.vietnamembassy.org.uk)
12. General Process in Vietnam
After receiving a travel date applicants must make their own travel and accommodation arrangements.
The timescale involved in effecting an adoption in Vietnam is unpredictable and dates for visits to the social care centre, signing consents or for Giving and Receiving Ceremonies can change at little notice. No definite time scale can be given as each adoption is different. In view of this, applicants must be prepared to stay in Vietnam for three to six weeks. Please note that dates and times of the social care centre visits and the Giving and Receiving Ceremony are determined by commitments in the province at the time. Therefore each group that travels will experience different time frames for visits and G+R.
(i) Visits to the social care centre
Applicants make two or three visits to the social care centre to meet the child, prior to the Giving and Receiving Ceremony.
(ii) Signing Letter of Commitment
Depending on the province you are adopting from, you may be taken to the Justice Department to sign a letter of commitment at some stage prior to the Giving and Receiving Ceremony. In other provinces this signing may be take place at the G+R.
(iii) Decision of the People’ Committee
The Provincial Justice Department prepares the Decision to allow the child to be adopted (adoption order) and sends it to the Chair of the local People’s Committee to sign. Only the Chair can sign. If for any reason the Chair is unavailable, there can be a delay. Once the letter has been signed it is returned to the Provincial Justice Department. The Chair will not sign the letter until the applicants are in Vietnam.
(iv) Giving & Receiving Ceremony (G+R Ceremony)
The G+R ceremony takes place some time after the Chair of the People’s Committee has signed the Decision (adoption order). At the Giving & Receiving Ceremony the Director of Justice signs the Transfer of Custody of the child.
(v) Passport for the Child
Applicants apply for the child’s passport after the Giving and Receiving Ceremony –the day after the ceremony at the earliest. It takes at least 5 WORKING days to receive the child’s passport.
Applicants are accompanied by HHAMA Vietnam staff to the visits to the social care centre, to the G+R ceremony and when applying for and collecting the child’s passport.
13. Steps to take on your return from Vietnam
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Advise your social worker of your return. |
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Applicants are reminded that they have committed to notify their social worker and the IAB of their return to Ireland, within fourteen days. |
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Notify your local Public Health Nurse. |
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Register your child on the Foreign Adoption Register (IAB). See below |
14. Registering your Child on the Foreign Adoption Register
After the adoption has been completed, HHAMA will email you the necessary forms (issued by the Adoption Board) for registering your child on the Foreign Adoption Register. You can also access these forms on the Irish Adoption Board’s website www.adoptionboard.ie under Foreign Adoption Register.
15. Post Placement Reports
It is a requirement of the Vietnamese authorities that post placement reports regarding your child are completed until he/she is 18 years of age. See section on Post Placement Reports. |
