Thứ Ba, 27 tháng 12, 2022

THE ENSURING CONDITIONS OF LGBT RIGHT TO ADOPT IN VIETNAM: INADEQUACIES AND RECOMMENDATIONS

The Ensuring Conditions of LGBT Right to Adopt in Vietnam: Inadequacies and Recommendations

Assoc. Prof. Dr. Nguyen Minh Tuan, Nguyen Thi Nhat Thao, Dang Thi Nhu Quynh, 

Nguyen Thi Ngoc Anh, Nguyen Thi Tuoi, Nguyen Thi Huong

University of Law, Vietnam National University, Hanoi (VNU-UL)

*Corresponding Author: Assoc. Prof. Dr. Nguyen Minh Tuan, University of Law, Vietnam National University, Hanoi (VNU-UL).

Source: A.Prof. Dr. Nguyen Minh Tuan, Nguyen Thi Nhat Thao, Dang Thi Nhu Quynh, Nguyen Thi Ngoc Anh, Nguyen Thi Tuoi, Nguyen Thi Huong, "The Ensuring Conditions of LGBT Right to Adopt in Vietnam: Inadequacies and Recommendations", International Journal of Research in Humanities and Social Studies, 9(6), 2022, pp. 13-19. Download Full Text PDFhttps://www.ijrhss.org/papers/v9-i6/3.pdf

ABSTRACT

The LGBT right to adopt is an issue, which is extremely necessary to research in the context of Vietnam. There are some controversial problems relating to the LGBT right to adopt, including: Should this right be legalized? How have their rights been limited in Vietnam? What should we do to protect this right for LGBT in Vietnam? In our opinion, these questions should be answered clearly and comprehensively, especially in the political, social, and economical contexts of Vietnam. There have been some scientific publications in Vietnam over the past few years concerning this topic. They show that LGBT persons wish to adopt children, but this right has not been legalized under Vietnamese law yet. In fact, some LGBT persons, especially same-sex couples, are still living together as a family without legal guarantees such as conditions of personality, mutual property, as well as the nurturing and taking care of children. In this paper, the authors analyze and evaluate the shortcomings of ensuring conditions for the LGBT right to adopt as well as the reasons why they exist. At the end of this paper, the authors point out some long-term and urgent solutions, as well as the ways to actualize them in the conditions of Vietnam in order to protect better the LGBT right to adopt.

Keywords: Right to adopt, LGBT, sexual equality, sexual orientation, gender identity.