Implementing the Law on Adoption: Many problems remain

(Baonghean) - The implementation of adoption registration aims to implement the provisions of the law on adoption. Thereby, contributing to protecting the rights and legitimate interests of the parties in the relationship between father, mother and child; strengthening family relationships, preventing impacts and disputes from arising... However, in reality, the situation of unregistered adoption is still common.

As the adopted son of Mrs. HB, but after Mrs. HB passed away, up to now, although Mr. MS still uses Mrs. HB's previous apartment in Quang Trung ward (Vinh city), he cannot complete the procedures to declare the inheritance and transfer the apartment to himself. According to Mr. MS: The reason is that he was adopted by Mrs. HB, but because he did not register the adoption procedures before, after she passed away, he had no legal basis to prove the inheritance relationship. This is one of many cases of "incidents" arising from the adoption relationship.

Lawyer Nguyen Vinh Dien (Head of Vinh Dien and Associates Law Office) said: According to the provisions of the law, adoption must be recognized by a competent State agency and recorded in the household registration book to have legal value, which is essentially the registration of adoption. Many cases of adoption have been carried out in practice but without recognition by a competent State agency, not recorded in the household registration book, so the adoption has no legal value, directly affecting the rights and legitimate interests of the parties. When disputes arise about property, inheritance, ... the authorities often have to spend a lot of time and encounter many difficulties in determining the relationship between the two parties.

Instructions for adoption procedures at the Department of Justice.

The reason why many cases do not go to register for adoption at the competent authority is known to be due to the mentality of not wanting to make public the relationship between adoptive parents and adopted children. For example, in the case of Ms. NTT, residing in Le Loi ward (Vinh city), although she has adopted a child for nearly ten years, her family has not yet completed the procedures with the local authorities. According to her, "If the giving and receiving procedures are too clear, it will affect the child's psychology later on". Mr. Nguyen Van Vinh - Deputy Head of the Justice Department of Nghi Loc district also said: The general mentality of people is often afraid and does not want to make public the relationship between adoptive parents and adopted children. They want to keep it a secret to avoid the inferiority complex of adopted children. In addition, it is also due to simple awareness and low awareness of law compliance of the people. This is a big challenge in registering for adoption in general and actual adoption in particular.

It can be seen that the registration of adoption is to protect the legal rights and interests of adoptive parents and adopted children, prevent and limit the impacts and disputes arising from adoption, and at the same time create favorable conditions for state management of adoption. Therefore, although it has not yet become a mandatory procedure, localities need to strengthen propaganda and dissemination of legal knowledge so that people clearly understand the purpose and meaning of adoption registration, the rights and obligations of adopters and adoptees protected by law when adoption is registered with competent state agencies so that people voluntarily comply.

Quang An