Adopting from Vietnam

[tinman 33]

My wife has dual citizenship to the US and Vietnam. When she became a U.S. citizen in 2017 we were childless, and still are. She is 45, I am 69. We lost a child at childbirth and could never conceive again.  She so much wanted a child, and although we inquired into adopting, no organization we spoke with gave us any hope because of my age.

Now her Niece in Vietnam is pregnant and only wants to keep the child if it becomes a male ( yes, I know that sound’s callous, but that’s nothing we can control…and no, they don’t have the opportunity to have a ultrasound to determine the sex).  So the Niece knowing that my wife always wanted a daughter is willing to give up the baby to my wife to adopt if it is a girl. ( No money involved or offered). Just keeping the baby in the family. ( Please don’t judge, that’s not what we are asking for ).  Does anyone have any known experience with this kind of situation?  Any thoughts are appreciated….and yes, we know about the baby possibly being born with possible health concerns.

[OldUser 7,004]

US officials may become suspicious of adoption when child's mother is alive. It all may sound as a way to circumvent immigration laws.

 

You'd have to follow full legal process of adoption in country of origin before this child can move to the US.

 

 

[JeanneAdil 6,583]

Vietnam in non Hague convention country so following the US rules for that process ,  the child needs to be an orphan

 

https://www.uscis.gov/i-600

 

U.S. citizens use this form to request that USCIS classify an orphan as an immediate relative. The U.S. citizen adoptive parent or legal custodian files the petition to finalize the immigration process of a child who is not habitually resident in a Hague Convention country.

[Boiler 45,753]

I have no idea if adoption in such circumstances is possible, best to contact a local family lawyer.

[jan22 3,056]

7 hours ago, JeanneAdil said:

Vietnam in non Hague convention country so following the US rules for that process ,  the child needs to be an orphan

 

https://www.uscis.gov/i-600

 

U.S. citizens use this form to request that USCIS classify an orphan as an immediate relative. The U.S. citizen adoptive parent or legal custodian files the petition to finalize the immigration process of a child who is not habitually resident in a Hague Convention country.

Vietnam is, in fact, a signatory to The Hague Adoption Convention; the Convention went into force there in 2012.  OP — you should read the State Department information carefully:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/VietNam.html

 

Being able to adopt a child in Vietnam and adopting a child in Vietnam and qualifying to immigrate that child to the US are two different things.  I don’t say this to be rude or unsympathetic, but to be realistic about the situation.  I believe it is highly unlikely — essentially impossible — that the Vietnamese Hague Central Authority, USCIS, and the US Department of State will approve an adoption for immigration of a newborn to a (by then) 70-year-old father.