As discussions around LGBTQ+ rights continue to grow globally, one significant question remains relevant in many countries: Can same-sex couples legally adopt children? In Vietnam—a country where traditional family values are deeply rooted and legal reforms are ongoing—the answer is not straightforward. This article explores whether same-sex couples can adopt under Vietnamese law, and what legal barriers currently exist.
1. Vietnamese Law Recognizes Adoption, But Not Same-Sex Unions
Vietnam’s legal system allows both domestic and intercountry adoption through the Law on Adoption 2010. However, a key prerequisite for joint adoption is the legal recognition of a marital relationship between the adoptive parents.
Currently, under the Law on Marriage and Family 2014, marriage is only recognized between a man and a woman. Article 8(2) of this law explicitly states:
“The State does not recognize marriage between persons of the same sex.”
While same-sex relationships are not criminalized, they do not have legal standing as a family unit. Therefore, same-sex couples cannot jointly adopt as a legal couple in Vietnam.
2. Can One Partner Adopt as a Single Parent?
Yes. Under Article 14 of the Law on Adoption, a single individual who meets certain conditions may adopt a child. These include:
- Being at least 20 years older than the adoptee;
- Having good moral character and financial capacity;
- Not having certain criminal convictions;
- Meeting health and legal criteria set by Vietnamese authorities.
Thus, a person in a same-sex relationship may adopt as an individual, provided they fulfill these requirements. However, the law does not permit both partners to be recognized as co-parents of the adopted child.
This creates a legal asymmetry: one partner is the legal parent, while the other has no parental rights or responsibilities—including in cases of separation, death, or custody disputes.
3. Intercountry Adoption: A Narrow Pathway
Vietnam is a party to the Hague Convention on Intercountry Adoption, and has established bilateral agreements with certain countries. Foreign nationals seeking to adopt a Vietnamese child must comply with both Vietnamese law and the law of their home country.
Importantly, Vietnam does not allow intercountry adoption by same-sex couples, even if such adoptions are legal in the applicants’ home country (e.g., Canada or the Netherlands). The reasoning is the same: Vietnamese law does not recognize same-sex marriages or partnerships, so such couples are not considered legally eligible under Vietnamese adoption standards.
4. Legal Reform: Any Signs of Change?
While there has been growing public dialogue and improved visibility for LGBTQ+ communities in Vietnam, legal protections and recognition remain limited. In 2015, Vietnam decriminalized same-sex marriage ceremonies (i.e., they are no longer fined), but still does not grant any legal rights to such unions.
There have been calls from civil society and legal scholars for reforms to family and adoption laws to better reflect modern social realities. However, no formal legislative proposals have been made to permit joint adoption by same-sex couples as of 2025.
5. Practical Implications for Same-Sex Couples in Vietnam
For same-sex couples—whether Vietnamese or foreigners living in Vietnam—the current law presents several legal and practical limitations:
- Only one partner can be the legal adoptive parent;
- The other partner has no legal standing in the child’s life;
- In medical, educational, or legal matters, the non-adoptive partner cannot act as a parent;
- Succession, guardianship, and custody rights are not extended to the non-recognized partner.
These limitations underscore a larger issue: the lack of legal recognition for diverse family structures.
Conclusion
As of now, same-sex couples cannot jointly adopt children in Vietnam due to the absence of legal recognition for same-sex partnerships. While individual LGBTQ+ persons may adopt, the law does not extend parental rights to their partners, creating significant legal gaps.
Vietnam’s legal system is evolving, and societal attitudes are gradually changing. But until legislative reforms are made to recognize same-sex couples as family units under the law, adoption rights will remain unequal.
For couples and advocates alike, understanding the current legal framework is essential—both to navigate the system and to inform the ongoing conversation about family, equality, and human rights in Vietnam.
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