Draft adoption law aims to give orphans a better chance in life
Draft adoption law aims to give orphans a better chance in life
(12-09-2009)
A draft law on adoption is being circulated for public comment. Ha Noi Bar Association vice president Nguyen Hong Tuyen spoke to the Hai Quan (Customs) newspaper about the new draft law.
What issues regarding adoption are still not covered in the existing law?
The issue of adoption is touched on in several laws, including the Law on Marriage and Family, the Civil Code and a Government decree, but there has not yet been a specific law on the subject.
The slow enactment of the law has discouraged many individuals from adopting Vietnamese children and many organisations inside and outside the country from facilitating such adoptions.
According to reports from many localities, the number of children being adopted remains modest compared to the number of children in special circumstances who need homes.
During 2003-08, more than 23,000 children nationwide were adopted, of which 17,000 by Vietnamese parents and the remainder, by foreigners.
At present about 3 million Vietnamese children are living in extremely impoverished families. Over 200,000 orphans are homeless or disabled and thousands of others are victims of Agent Orange, HIV/AIDS or other serious diseases. These children need a warm home in which they can enjoy normal lives.
So, I hope that the draft Law on Adoption will establish a sufficient legal framework and other safeguards for protecting the best interests of children.
But negative phenomenon relating to adoption have been reported here and there. How would you comment on that?
Leading causes of bad practices include a low sense of responsibility by people or organisations involved in the process of adoption and the lack of adequate regulations to control fraud or trafficking in children. To overcome such shortcomings, the draft Law on Adoption would make the Ministry of Justice the focal point for introducing children to be adopted.
One of the most hotly debated issues in the draft law are provisions that would create a Sponsorship Fund for Adoption to fund investigation and counselling services. What’s your opinion on these provisions?
Under current adoption procedures, adoption centres are allowed to perform several roles simultaneously: receiveing and caring for children; receiving humanitarian donations from individuals and organisations; and introducing children to potential adoptive parents. Such a process is likely to lead to negative phenomena, including centres which would give preferences in adoption to those who donate more money.
Many countries have prohibited people or adoption agencies from financially supporting orphanages or institutions raising disadvantaged children for adoption.
Above all, the draft law should ensure transparency and security in the adoption process. It should regulate the principles, conditions and procedures for adoption with the goal of guaranteeing the protection of the rights and interests of children. — VNS