Termination of adoption

Question: DTD & Associates LLP let me ask: My husband and I got married five years ago but still had no children, so we adopted X as our child under the law. However, However, X is now 20 years old, but he is an addicted playboy, and repeatedly scolds us without listening to our advice. Currently, I don't want X to be my adopted child anymore. So, can I end this relationship with X, what is the procedure for terminating this relationship? I sincerely thank!

Answer: Hello, thanks for trusting and sending your request for legal advice to DTD & Associates LLP. The content of your question has been researched and advised by our team of lawyer as follows:

Legal grounds:

Law on Adaption No. 52/2010/QH12 issued by the National Assembly dated June 17, 2020 (“the 2010 Adoption Law”)

Code of Civil Procedure No. 92/2015/QH13 issued by the National Assembly dated November 25, 2015 (“the 2015 Civil Procedure Code”)

Resolution No. 326/2016 / UBTVQH14 regulating rates, exemption, reduction, collection, payment, management and use of court fees and charges (“Resolution No. 326/2016 / UBTVQH14”)

According to the information you have provided, you adopted X under the law. Currently, X is 20 years old, but he is an addicted playboy, and repeatedly scolds us without listening to your advice so that you would like to terminate the adoption relationship between you and X. For these reasons, DTD advises you on the procedure of termination of adoption as follows:

1/ Grounds for termination of adoption

Pursuant to Article 25 of the Adoption Law:

“Article 25. Grounds for termination of adoption

An adoption may be terminated in the following cases:

1. The adopted child has grown mature and the adoptive parents terminate the adoption at their own will;”

According to the above provisions, X is an adult. Therefore, it is justified that you want to end the adoption.

2/ Settlement authority

Pursuant to Article 10 of the 2010 Adoption Law and Clause 5 Article 29 of the 2015 Civil Procedure Code, the authority to address requests for termination of adoption rests with the people's court.

Pursuant to Point b, Clause 2, Article 35 on the Jurisdiction of People’s Courts of districts and Point l, Clause 2, Article 39 on the Territorial jurisdiction of courts of the 2015 Civil Procedure Code, the district-level People's Court in which you reside or in which X resides and works will have the authority to resolve the adoption termination.

Section 35. Jurisdiction of People’s Courts of districts

1. People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

b) Disputes over business/trade activities prescribed in clause 1 Article 30 of this Code;

Article 39. Territorial jurisdiction of courts

l) The Court of the area where an adoptive parent or adopted child resides or works shall have the jurisdiction to resolve a petition to terminate the child adoption;

3/ Composition of the dossier

Pursuant to Article 362 of the 2015 Civil Procedure Code, the composition of the dossier

includes:

+ Request for court to resolve civil matters (Must meet the requirements under Clause 2, Article 362 of the 2015 Civil Procedure Code)

+ Enclosed with the petition, the petitioner must send documents and evidence to prove that his/ her request is grounded and lawful.

4/ Fees

According to Resolution No. 326/2016 / UBTVQH14, the fee you have to pay is 300,000 VND.