Warning Concerning Adoptions in Vietnam
January 2008
The Department of State warns potential adoptive parents and adoption service providers of the risk of initiating new adoptions
from Vietnam at this time. The 2005 Memorandum of Agreement, required by Vietnamese law to authorize adoptions between the
United States and Vietnam, expires on September 1, 2008. The United States is strongly committed to continuing intercountry
adoptions from Vietnam if possible. Our primary concern is to ensure that the children and families involved in the adoption
process are protected from exploitation. The Government of Vietnam shares this concern. Both countries acknowledge that
more needs to be done.
Discussions about revision and renewal of the Agreement are a priority for both governments, but there is no certainty a new
Agreement will be in place on September 1. In view of the processing time required in Vietnam from placement to the Giving
and Receiving Ceremony, an adoption process begun now cannot be completed before the current Agreement expires. We do not
know whether the Government of Vietnam will continue to process pending cases if the current Agreement expires before a new
Agreement takes effect. Moreover, given concerns about the existing level of protection for children in Vietnam, it is unlikely
that the Agreement can be renewed in its current form.
The United States Government stands ready to support Vietnam’s efforts to strengthen and improve accountability in its adoption
system and to develop its capacity to regulate adoptions. In some cases, our background investigations have revealed evidence
of irregularities, ranging from forged or altered documentation to cases where children have been offered for adoption without
the apparent knowledge or consent of their birth parents.
In response to these problems, in November 2007, the U.S. Citizenship and Immigration Service and the Department of State
instituted new procedures to verify that children identified for placement meet the requirements of Vietnamese and U.S. law,
before the child has been adopted under Vietnamese law. The Embassy strongly advises prospective adoptive parents not to
travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and
travel is appropriate. Parents should contact the Embassy immediately if anyone, including their adoption service provider,
encourages them to travel to Vietnam prior to receiving this notification. The Embassy can work together with adoption service
providers, Vietnam’s Department of International Adoptions, and local authorities to resolve issues such as the scheduling
of a Giving and Receiving Ceremony.
We continue to urge Vietnam to comply with the terms of the 2005 Agreement and to establish a process that protects the interests
of all parties involved in adoptions.