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Procedures for American Citizens Adopting an Orphan in Vietnam
 

I. General Information on Adoptions

A. State Agencies
B. What if you are a legal permanent resident?
C. Definition of Orphan
D. Adoption of a Relative
E. Child Protection Laws
F. Adoption Service Providers
G. The National Adoption Information Clearinghouse
H. Avoiding Adoption Fraud
I. United States Citizenship & Immigration Service (USCIS)
J. Department of State

II. Filing the I-600A and I-600 Petition

A. I-600A Petition “Advanced Processing of Petition for Orphaned or Abandoned Child”.
File an I-600A Petition with the United States Citizenship & Immigration Service (USCIS) Office in the United States having jurisdiction over your place of residence. If you are resident in Vietnam, you may file your I-600A with the USCIS Office in Ho Chi Minh City. The I-600A petition ensures you have approval to adopt a child from abroad, and your state’s pre-adoption requirements have been met. Go to www.uscis.gov to check the local office policy for filing. Filing fee for the I-600A is $670.00 (effective July 30, 2007). This does not include the fingerprint fee.

B. I-600 Petition

“Petition for Orphaned or Abandoned Child”.
If you identify a child before traveling to Vietnam, you may also file the I-600 petition at the USCIS Office in the United States having jurisdiction over your place of residence. We cannot accept copies of the Notice of Approval sent directly from you, but we can accept the original USCIS Notice of Approval of the I-600 petition (referred to as Form I-171H) from you, presented at the time of the visa interview. Filing Fee for the I-600 is $670.00 (effective July 30, 2007). This does not include the fingerprint fee. If you have already paid the $670.00 fee for the I-600A, there is no additional fee for the I-600. If you have filed the I-600 in the United States, you should contact the Consular Section, US Embassy Hanoi to make an appointment for your I-604 interview.

You may also file the I-600 with the Consular Section, US Embassy in Hanoi or the USCIS Office in Ho Chi Minh City. You will need to make an appointment to submit your I-600 with the Consular Section, US Embassy in Hanoi.

III. Vietnamese Adoption Requirements

A. Vietnamese Laws and Regulations

B. Other Documents Related to Adoptions in Vietnam
Agreement Between the United States of America and the Socialist Republic of Vietnam Regarding Cooperation on the Adoption of Children, June 21, 2005

C. Vietnamese Policy on Adoption
Adoption of children must be “carried out only in the spirit of humanitarianism, aiming to ensure the best interests of the children and the respect of their fundamental rights.” The Vietnamese government encourages the adoption of orphaned, abandoned or disabled children.

Adoption creates a parent-child relationship.

D. Parties in an Adoption
Vietnamese children 15 years or younger may be adopted. Children 9 years and older must consent to their adoption.

Only one single person or one married couple may adopt. S/he or they must meet all of the following requirements. If married, both persons must meet all requirements. Vietnam law permits adoption by married couples (one man, one woman) and single heterosexual persons. Vietnam law prohibits homosexual individuals or couple from adopting Vietnamese children. Foreigners must also meet adoption requirements of their residence.

  • Full legal capacity;
  • 20 years or more older than the child to be adopted;
  • Good ethic qualities;
  • Capacity to care for, support, and educate the child; and
  • Have not had their parental rights restricted by authorities.

E. Licensed Adoption Service Providers (ASPs)
With very few exceptions, the Department of International Adoption will accept applications for adoption (“dossiers”) ONLY through an Adoption Service Provider (ASP) licensed by the Government of Vietnam.

F. Fees in connection with adoptions in Vietnam
Adoption fees are determined by the Government of Vietnam. Vietnamese law forbids adoptions for “self-seeking” purposes.

Vietnamese law allows donations to orphanages and humanitarian projects, however, no payments may be made to any individual, agent, or entity as payment for the child or as an inducement to release the child. Please report the solicitation of such payments to the Department of International Adoptions and/or the U.S. Embassy.

IV. Vietnamese Adoption Procedures

Note: Information for the following section on Vietnamese regulations and procedures have been summarized from Vietnamese laws and information provided by the Department of International Adoptions, Ministry of Justice, Government of Vietnam, but may not reflect their actual implementation. Additionally, each province may implement these regulations differently or may have additional requirements. Please contact the Department of International Adoptions for the official government interpretation and implementation of these regulations and procedures.
 
A. Submit Prospective Adoptive Parents’ Dossier to the Department of International Adoptions in Hanoi

1. Authentication of Foreign Documents:
Documents issued in one country that will be used in another country must be "authenticated" or "legalized" before they can be recognized as valid in the foreign country. This is a process in which various seals are placed on the document. Such documents range from powers of attorney, affidavits, birth, death and marriages records, incorporation papers, deeds, patent applications, home studies and other legal papers.

Vietnam is not a party to a treaty called the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents ("Hague Legalization Convention"). Therefore, you will have to begin the cumbersome, time-consuming process of obtaining a series of certifications known as the "chain authentication method". This is literally a paper chase in which authorities will have to attest to the validity of a succession of seals beginning with your document and ending with the seal of the foreign embassy or consulate in the United States.

Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office, state capitol, then by the U.S. Department of State Authentication's Office. The Department charges $6.00 per document for this service, payable in the form of a check drawn on a U.S. bank or money order made payable to the U.S. Department of State.

U.S. Department of State Authentication's Office
518 23rd Street, NW, State Annex 1
Washington, DC 20520
Telephone: 202-647-5002
Walk-in service is available 7:30 a.m. to 11 a.m., Monday-Friday, except holidays.

2. Two Sets of Required documents:

  • Adoption Application Form;
  • Copies of Passports;
  • Permission from the United Sates to adopt;
  • Medical Certificates that Prospective Adoptive Parent(s) are in good health, not infected with mental diseases and/or contagious diseases;
  • Written proof of financial ability to support the child;
  • Prospective Adoptive Parent(s)’ criminal, judicial records.

B. Recommendation by the Department of International Adoptions
Once received, the Department of International Adoption has seven days to review, examine and consider the dossier (application for adoption and required documents) request further information, and issue a recommendation on a Prospective Adoptive Parent(s)’ dossier.

If the dossier is incomplete, the Department of International Adoption shall notify Prospective Adoptive Parent(s) to supplement or finalize dossier.

If the dossier is complete, the Department of International Adoption shall “classify” the dossier and log it. If a child is named, the Department of International Adoption shall send an “official letter” to the provincial Department of Justice in the province where the Prospective Adoptive Child resides. If a child is not named, the Department of International Adoption shall send the “official letter” and Prospective Adoptive Parent(s)’ dossier to the provincial Department of Justice for recommendation of a child.

C. Examination of Documents by the Provincial Department of Justice
The provincial Department of Justice receives the Department of International Adoption’s ”official letter”. If the Prospective Adoptive Child is named/identified, the provincial Department of Justice has seven days to “guide” the Orphanage, Birth Parent(s), or Guardian to compile the child’s dossier. The Orphanage, Birth Parent(s), or Guardian has 30 days to compile four sets of the Prospective Adoptive Child’s dossier for the provincial Department of Justice.

Documents in the Prospective Adoptive Child’s Dossier:

1. Copy of Prospective Adoptive Child’s birth certificate;
2. Written agreement allowing the Prospective Adoptive Child to be adopted;

a) The following persons may agree to the adoption of the Prospective Adoptive Child:

(1) Director of the Orphanage where the Prospective Adoptive Child is living. If birth parent(s) are still alive, the parent(s) must also give written consent, unless

(a) The child has been abandoned or left at a medical establishment, or
(b) The child was sent to the orphanage with the parent’s written agreement to let the child be adopted or
(c) The child’s parents have lost their “civil act capacity”.

(2) Birth parent(s) when Prospective Adoptive Child is living with him/her/them. If one parent has died, been declared dead, or lost his/her “civil act capacity”, only one parent’s written consent is required.

(3) When both parents have died, been declared dead, or lost their “civil act capacity”, there must be consent of the guardian of the child.

b) Persons must be notified and aware of the legal consequences of an adoption.

3. Medical/health certification stating child’s medical condition, stating special conditions;

4. Two color, full-length photos of the child (10x15cm or 9x12 cm);

5. If applicable, the record certifying to the abandonment of the Prospective Adoptive Child;

6. If applicable, the record certifying that the child was left at a medical establishment;

7. If applicable, the death certificate(s) of the birth parent(s);

8. If applicable, the court decision declaring the birth parent(s) have lost his/her “civil act capacity”;

9. If applicable, the Prospective Adoptive Child’s written consent to be adopted;

10. If applicable, copies of the household registration books or residence certificates, permanent resident cards of the birth parents or guardian.

11. Upon receipt of the Child’s dossier, provincial Department of Justice has 30 days to:

a) Examine authenticity of all documents in the Prospective Adoptive Child’s dossier, and verify the child’s origins.
b) Send written reports and child’s dossier to the Department of International Adoption.

D. Review by the Department of International Adoption
The Department of International Adoption has seven days to review the Child’s dossier and any investigative reports. If approved, the Department will send the “official dispatch” and one copy of the Prospective Adoptive Parent(s)’ dossier to the provincial Department of Justice.

If the Prospective Adoptive Child’s dossier is incomplete or invalid, the Department of International Adoptions will send notification to the provincial Department of Justice to request that the Orphanage/Guardian/Parents supplement the Prospective Adoptive Child’s dossier or for further action.

At this time, the Department of International Adoption may request an additional investigation or a preliminary investigation if no investigation was conducted by the provincial Department of Justice.

E. Notification by the provincial Department of Justice
Within seven days of receipt of the Department of International Adoption’s official dispatch and a copy of Prospective Adoptive Parent(s)’ dossier, the provincial Department of Justice notifies Prospective Adoption Parent(s) that they may travel to Vietnam.

Prospective Adoptive Parents have 30 days to travel to Vietnam to accept the child, or must provide just cause why they cannot travel within that time. An extension of up to 60 days is allowed for good cause.

F. Payment of Fees and Execution of Agreement to Submit Post-Adoption Reports by Prospective Adoptive Parent(s) or the Adoption Service Providers
The Prospective Adoptive Parent(s) or Adoption Service Providers pay fees at the provincial Department of Justice and submit the Prospective Adoptive Parent(s)’ signed commitment to submit post-adoption reports (see more information below). This may be done before Prospective Adoptive Parent(s) travel to VN.

G. Report by Provincial Department of Justice
Within seven days of receipt of fees and the commitment to report on the development of the child, the provincial Department of Justice must “report on the verification results and propose ideas on settlement of foreigners’ application for adoption of Vietnamese children, and submit them together with one set of the child’s dossier and one set of the child adoption applicants’ dossier to the provincial-level People’s Committee for decision.

H. Final Adoption Decision by the People’s Committee
The Final Adoption Decision is signed only after the fees have been paid, the written commitment has been submitted, and the Prospective Adoptive Parent(s) have arrived in Vietnam.

The provincial People’s Committee has seven days to:

Approve: If approved, the provincial Department of Justice sends the entire adoption package to the People’s Committee for its decision, or,

Refuse: If refused, People’s Committee must send written notification to Prospective Adoptive Parent(s) and the Department of International Adoption, clearly stating the reasons.

I. Giving and Receiving Ceremony (G&R)
The provincial Department of Justice will hold the G&R Ceremony at its offices within seven days of the date the president of the People’s Committee signs the Adoption Decision, except when requested otherwise by the Prospective Adoptive Parent(s) for “plausible reasons”.

People required to be present at the G&R Ceremony:

  • The provincial Department of Justice representatives;
  • The Prospective Adoptive Child;
  • Orphanage representatives, guardians, or birth parent(s) of the child;
  • Both Prospective Adoptive Parent(s), if applicable, are required to attend the G&R Ceremony conducted by the provincial Department of Justice. If one parent is unable to attend, s/he must execute a statement explaining why s/he is not able to attend, and give a power of attorney to his/her spouse to adopt the named child. All documents must be legalized and translated into Vietnamese.

Minutes of the Ceremony must be signed by the Prospective Adoptive Parent(s) and provincial Department of Justice. The provincial Department of Justice will register the adoption and provide the decision to parties involved.

Adoptive Parent(s) will receive the Adoption Decision from the provincial People’s Committee and the “Adoption Giving and Receiving Minutes” also known as the “Child Handover Minutes”. These documents are necessary to apply for a Vietnamese passport for the child.

The provincial Department of Justice will send the Adoption Decision, the commitment to provide post-adoption reports, and the “Child Handover Minutes” to the Department of International Adoptions for filing.

J. Vietnamese Passport
Adoptive Parent(s) will apply for a Vietnamese passport for the child from the Immigration Police in the province where the child resides. The provincial Immigration Police will mail the application to the Central Police Immigration office in Hanoi or Ho Chi Minh City where the passport will be issued and printed. The central office (Hanoi or Ho Chi Minh City) has seven days to print the passport, then will mail the passport back to the provincial Immigration Police office. A Vietnamese passport costs VND 250,000 and may take 5 days to 2 weeks.

The Child must have a valid Vietnamese passport before the medical examination with the Panel Physician.

V. Filing the I-600 in Vietnam

A. Who must file the I-600 “Petition to Classify Orphan as an Immediate Relative”
Although only one parent must be physically present to file the I-600 petition overseas, that parent must be a U.S. citizen. A third party may not file the petition on the parents' behalf, even with a valid Power of Attorney. If only one of the two parents travels, the petition must nevertheless be properly executed (signed) by both parents after it has been completely filled out. This means one parent cannot sign for the other parent and neither parent may sign the petition until all the details about the child have been entered on the form. The traveling parent can, however, use express mail service to obtain the other parent's signature.

B. Where/how to file
Adoptive Parent(s) may submit the I-600 at the USCIS Office where the I-600A was filed.

Adoptive Parent(s) may also submit the I-600 in Vietnam at either one of the locations below: 

USCIS Office in Ho Chi Minh City Consular Section of the Embassy of the United States in Hanoi
No appointment is necessary to file the I-600. Petitioners may drop off the I-600 petition between 8:30 am and 11:00 am, Monday through Thursdays (except local and American holidays) and supporting documents at any time. Petitioners will be notified to arrive at a later time for an interview. Adoptive Parent(s) or their representative Adoption Service Provider must make an appointment to file I-600 petitions via e-mail to HanoiAdoptions@state.gov. Appointments will be scheduled only on Mondays, Tuesdays, and Wednesdays (except local and American holidays).
Since pre-screening is not necessary, please do NOT fax/mail/email documents to the USCIS office. Since pre-screening is not necessary, please do NOT fax/mail/email documents to the U.S. Embassy.
The USCIS Office in Ho Chi Minh City accepts all immigrant petitions, including the I-600A for those US citizens who are resident in Vietnam. The Consular Section of the US Embassy in Hanoi can only accept I-600 petitions where there is a USCIS-approved I-600A. Otherwise, Adoptive Parents must file their I-600 with the USCIS Office having jurisdiction over their residence.
I-600 petitions filed at the USCIS Office in Ho Chi Minh City will be approved/disapproved by the USCIS Officer. If approved, the approved I-600 will sent to the Consular Section of the US Embassy in Hanoi. Adoptive Parents must travel to Hanoi to apply for the orphan visa. I-600 petitions filed at the Consular Section of the Embassy of the United States are forwarded to the USCIS Office in Ho Chi Minh City for approval by a USCIS Officer. This process may take up to 48 hours for a clearly approvable case. Once the I-600 has been approved, PAPs may apply for the orphan visa.

The I-600 petition must be approved before processing for a U.S. immigrant orphan visa (IR3/4) can begin. The Consular Officer may not consider a visa for the child until there is an approved I-600 petition.

C. The I-604 Interview
Upon filing the I-600, either the USCIS Officer (if filed in HCMC) or the Consular Officer (if filed in Hanoi) will conduct an interview in order to complete form I-604, the “Request for and Report on Overseas Orphan Investigation”. If the I-600 was approved in the US, the I-604 interview should be conducted by the Consular Officer in Hanoi.

D. Required Documentation
Original or certified copies of all Vietnamese documents will be required at the time of the I-604 interview. English translations must be provided for all Vietnamese documents. You should also have photocopies of all the child's Vietnamese documents at the time of the interview. The documents used in the I-604 interview will be returned to you at the end of the interview.

1. Child’s birth certificate (if the parents’ names are known, the names must appear on the birth certificate);

2. For single-parent relinquishments: statement of relinquishment of the child by the parent with the reasons for the relinquishment and evidence that the birth mother was unmarried at the time the child was relinquished (marital status should be verified by police or other competent authority);

3. For abandonments: a statement from the orphanage/hospital detailing the circumstances in which the child became an orphan with police certification that the abandoned child’s birth parents could not be located;

4. For two-parent relinquishments: statement of relinquishment of the child by birth parents to an orphanage with the reasons for the relinquishment;

5. Orphanage release of the child for foreign adoption (if applicable). NOTE: If custody of the child is transferred from one individual or institution to another, the transfer must be clearly documented. An “Orphanage Acceptance”, specifying that an orphanage accepts custody of a child, is an example of a transfer of custody document;

6. Death Certificate of the child’s deceased parent or parents (if applicable);

7. Adoption Decision by the People’s Committee (only available when the adoptive parents have arrived in Vietnam);

8. Procès-Verbal - “Giving and Receiving” certificate (only available when the adoptive parents have arrived in Vietnam);

9. Valid Vietnamese passport (only available when the adoptive parents have arrived in Vietnam and done Giving and Receiving ceremony);

E. Approval/Denial of I-600 Petition
The authority to approve I-600 petitions rests with USCIS. Occasionally, the I-604 Report does not confirm that the child is an orphan as defined by the INA. In such a case, the Consular Officer or USCIS Officer will provide the adoptive parents or their agent with an opportunity to submit additional information. If the outstanding questions can be answered, the case can be completed. If an issue cannot be resolved, the petition cannot be approved.

When a petition has been referred to USCIS, questions about the status of the case must be addressed to the USCIS. Several scenarios may occur:

1. USCIS reviews the documentation and approves (or re-affirms) the petition, then notifies the Embassy to continue processing the visa application. This may take up to 48 hours (workdays).

2. USCIS reviews the documents and requests that the Consular Officer conduct a field investigation to ensure that no fraud or illegal activity was involved. The Embassy conducts the investigation and reports its findings to the USCIS for a final decision. The Adoptive Parent(s) will be notified if this takes more than 48 hours (workdays).

3. USCIS can deny the petition. If USCIS denies the petition, the Adoptive Parent(s) can appeal the denial to the USCIS Associate Commissioner for Examinations, Administrative Appeals Office for a legal ruling. Alternatively, adoptive parents can discuss other options with the USCIS office having jurisdiction over their case.

4. In rare and exceptional circumstances, children deemed ineligible for admission to the United States may qualify for "humanitarian parole" and gain entry. Only USCIS has the authority to grant humanitarian parole.

VI. Medical examination

Every immigrant visa applicant must undergo a physical examination by a designated physician. The medical examination and report, DS-2053 (“Medical Examination for Immigrant or Refugee Applicant”), focuses primarily on detecting certain serious infectious or contagious diseases or medical disabilities that may be a basis for visa ineligibility. If the child is found to have any of these illnesses or disabilities, the child may still be issued a visa after the illness has been successfully treated, or after a waiver of the visa eligibility is approved by the USCIS. If the physician or the Consular Officer notes that the child has a serious disease or disability, the parents will be notified and asked if they wish to proceed with the child's immigration. Adoptive Parent(s) should not rely on this medical examination to detect all possible medical conditions and may wish to arrange an additional private medical examination if they have concerns about the child's health.

The only facilities in Vietnam authorized to perform medical examinations for U.S. immigrant visa applications are Cho Ray Hospital in Ho Chi Minh City, the IOM Office in Ho Chi Minh City, and SOS International in Hanoi. There are no U.S. government-authorized medical facilities in any other city in Vietnam. Please contact these facilities directly for their specific procedure for the medical exam.

  • CHO RAY HOSPITAL
    Special Medical Unit,
    c/o Dr. Le Thi Thanh Thai
    210 B Nguyen Thi Thanh, P. 12, Q. 5
    Ho Chi Minh City, Vietnam
    Tel: (84-8) 856-5703 * Fax: (84-8) 857-5826
  • INTERNATIONAL ORGANIZATION FOR MIGRATION
    1B Pham Ngoc Thach St., Dist. 1,
    Ho Chi Minh City, Vietnam
    Tel: (84-8) 822 2058; (84-8) 822 2057; (84-8) 822 2061; (84-8) 822 7511
  • INTERNATIONAL SOS CLINIC
    31 Hai Ba Trung, Hoan Kiem dist.,
    Hanoi, Vietnam
    Tel: (84-4) 9340666 * Fax: (84-4) 9340556
    Email: 1hanoiops@internationalsos.com
    Website: www.internationalsos.com

The medical examination normally takes about twenty minutes. The cost of the exam is $75 for applicants age 15 and older, and $65 for applicants age 14 and younger, which you must pay directly to the hospital/clinic. You should plan to do the exam before the day of the orphan visa interview, but after the child’s Vietnamese passport has been issued. Please bring the child’s Vietnamese passport to the medical examination as the facility will use this as proof of the child’s identity. The sealed medical examination results must be presented at the visa interview.

Vaccination Requirements

VII. The Visa Interview

A. Requesting an Interview
Adoptive Parent(s) should request an appointment to submit their DS-230 application and interview by e-mail to: HanoiAdoptions@state.gov. Since pre-screening is not necessary, please do not fax/mail/email documents to the Embassy. The interview will take about one hour.

B. Documentation Required at the Interview
Required Documents: The following items should be completed and/or presented at the time of interview. An immigrant visa cannot be issued if any of the specified items are missing.

1. DS-230 Parts I & II (Immigrant Visa Application Form).

2. Form OF-157 (Report of Medical Examination)

3. The child’s valid Vietnamese passport

4. Four photos of the child

5. Originals or certified copies of all documents previously submitted in support of the I-600 Petition.

C. Visa Fees
While the child's documents are being checked, you will be asked to go to the Cashier to pay the fee for an immigrant visa ($380.00). Payment can only be made in U.S. dollars, in cash or major credit card.

D. Adopted or To-Be-Adopted (IR-3 vs. IR-4 Visa)
U.S. law distinguishes between orphans adopted overseas and orphans coming to the United States to be adopted there. An orphan fully adopted overseas may receive an IR-3 visa. To qualify for an IR-3, the child must also have been seen by both parents prior to or during the adoption proceedings. An orphan who has not been fully adopted, or whose adoptive parents did not see him/her prior to the adoption's finalization, may receive an IR-4 visa. Any child who enters the U.S. on an IR-4 immigrant visa must be re-adopted after s/he enters the United States, in accordance with applicable laws of the state in which the family resides. Thus, before an IR-4 visa can be issued, the consular officer must be sure that pre-adoption requirements by the child's future state of residence have been met. Adoptive parent(s) should determine in advance the requirements of their own particular state of residence. This information is available through the state social services agency or many adoption practitioners.

E. The Orphan Visa Interview
Although the final visa interview appears to involve a single action that may be completed quickly, the consular officer must perform several different steps required by law and regulation. The officer must review the I-600 petition, verify the child's status as an orphan, establish that the prospective parent(s) have legal custody, survey the child's medical condition and confirm that the child has the required travel documentation.

Questions concerning legal custody or proper documentation for the child must be resolved in accordance with the law of Vietnam. However, the child's ability to qualify for an immigrant visa as an orphan is determined by U.S. law. The adoptive parent(s) or the adoption agent is responsible for meeting all requirements. An adoption by a court decree or comparable order by a Vietnamese authority does not automatically qualify a child for an immigrant visa for entry into the United States

During the immigrant visa interview, a Department of State consular officer will verify that the child meets the legal definition of an orphan and that the child’s documentation is correct.

F. Issuance of the Visa
If the visa is approved, the visa will be issued next working day. The visa will allow the child to legally enter the United States. The visa package must be given to the DHS Immigration officer at your port of entry.

VIII. Post-Adoption Concerns

A. Obtain Certified/Authenticated Vietnamese Documents
Before you depart Vietnam with your child, you should be sure to obtain several duplicate certified/authenticated copies of your child's foreign birth certificate, adoption decree and any other relevant documents. Often these documents are necessary at home, and it can be difficult to obtain copies from the foreign government later.

B. Recognition of Foreign Adoptions in Your State
In most cases, the formal adoption of a child in a foreign court is legally acceptable in the United States. A state court, however, is not required to automatically recognize a foreign adoption decree. This does not suggest that the United States does not respect foreign procedures or recognize the authority of Vietnam in relation to the child. Nonetheless, the status of the involved child may be subject to challenge in state court unless an adoption decree is entered in a state in the United States. Many adoption practitioners recommend that the child adopted abroad be re-adopted in a court of his/her state of residence in the United States as a precautionary measure. Following a re-adoption in the state court, parents can request that a state birth certificate be issued. This should be recognized in all other U.S. states. In some instances, re-adoption of the child in the United States is required. This often occurs if the adoptive parent (or only one of a married couple) did not see the child prior to or during the adoption proceedings abroad. Please see the section entitled “Adopted or To-Be-Adopted (IR-3 vs. IR-4 Visa)” above. The child must be re-adopted in the U.S. in such circumstances, even if a full final adoption decree has been issued in Vietnam.

C. Post-Adoption Reports
Vietnam requires that adoptive parents provide updates on the progress of the adopted child to the People’s Committee and the Department of International Adoptions, once every six months for the first three years, then once a year, until the child reaches 18.
The Department of State strongly encourages parents to comply with post-adoption reporting requirements.