US – Vietnam Joint Statement On Adoptions

The Department of State and USCIS have posted a US – Vietnam Joint Statement on Adoptions. Below is an excerpt:

1. …On September 23, 2008, the Vietnamese Department of International Adoptions (DIA) provided the U.S. Embassy with a list of 534 U.S. dossiers that received referrals before September 1. These cases will be processed to conclusion. Prospective adoptive parents unclear about the status of their case may wish to verify via e-mail with the U.S. Embassy in Hanoi (hanoiadoptions@state.gov) to confirm whether their case is on the DIA list.

2. All cases that were not matched with a child by September 1, 2008 will be returned to the U.S. adoption service providers. On October 10, 2008, DIA issued instructions to all U.S. adoption service providers that they must retrieve these dossiers from DIA by October 28, 2008. After October 28, unclaimed dossiers will be transmitted to the U.S. Embassy in Hanoi, which will return the dossiers to the prospective adoptive parents or their agencies.

3. The Government of Vietnam and the Government of the United States have agreed that U.S. citizens will not be able to adopt Vietnamese children until both countries sign a new agreement or Vietnam joins the Hague Convention. While Vietnamese Decree 69/2006 contains provisions that could allow for the adoptions in certain limited cases, including children with medical issues and certain relative adoptions, the Government of Vietnam has not developed the implementing regulations for these procedures. Accordingly, the Ministry of Justice of Vietnam, U.S. Citizenship and Immigration Services (USCIS), and the U.S. Department of State have determined that neither government will process adoption cases, except for those cases that received an official referral prior to September 1, 2008, until both countries sign a new agreement or both are parties to the Hague Convention. USCIS and the Department of State strongly caution adoption service providers to stop matching prospective adoptive parents with children from Vietnam. Prospective adoptive parents should not seek or accept post-September 1 referrals from Vietnam at this time.

Read the full statement here.

In addition, USCIS has posted their own update and a set of FAQ’s on the statement.

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3 Responses

  1. Why is this: “strongly caution adoption service providers to stop matching prospective adoptive parents with children from Vietnam” necessary? Are agencies still providing (non-SN) referals? That’s crazy!

    • Melissa – I am aware of at least one situation where an agency is continuing to give out “matches” and offering them to parents so they can “hold onto them” until a new agreement is in place. I am also aware of several other incidents where agencies are giving out special needs referrals despite not having clarity on whether those referrals could, in fact, be given. Now it is clear they can not and will not be processed through. Sadly, a few bad apples will continue to try to con parents out of their money by offering them hope in the form of a referral than will not be realized.

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