CASE LAW NO. 61/2023/AL

Regarding termination of foster care when the foster child is underage

Approved by the Judicial Council of the Supreme People’s Court on February 1^st, 2^nd, and 3^rd, 2023, and published according to Decision No. 39/QĐ-CA dated February 24^th, 2023, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

Judgment of the Court of First Instance No. 87/2019/QĐST-HNGĐ dated April 24^th, 2019, by the District People’s Court of Trang Bom, Dong Nai Province, regarding “Request for Termination of Foster Care,” with Mr. Tran Cong T as the petitioner, and the parties with relevant rights and obligations being Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1.

Location of the Case Law’s content:

Paragraphs 7 and 8 in the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The biological parents and foster parents jointly entrusted the underage foster child to the biological parents for continued care and upbringing. The foster child expressed a desire to live with the biological parents, prompting the foster parents to request termination of foster care.

– Legal Resolution:

In this case, the Court must accept the request for termination of foster care.

Relevant Legal Provisions:

– Articles 25, 26, and 27 of the Foster Care Law 2010;

– Article 78 of the Marriage and Family Law 2014.

Keywords:

“Termination of Foster Care”; “Underage Foster Child”; “Voluntary Termination of Foster Care.”

CASE DETAILS

– In their petition and self-declaration dated April 17^th, 2019, Mr. Tran Cong T and Mrs. Nguyen Thi Q stated:

They married in 1999 and have two biological children (now adults). In 2015, due to financial difficulties faced by their siblings, Nguyen Thanh H and Tran Thi Thao T1, they agreed to take Nguyen Minh Khanh H1, born on October 31^st, 2003, as their foster child. They completed the adoption process at the People’s Committee of A Commune, B District, and were issued Foster Care Certificate No. 01 on September 1^st, 2015.

After adoption, they changed the child’s surname from Nguyen Minh Khanh H1 to Tran Minh Khanh H1 and provided him with good care and education. However, the child now wishes to live with his biological parents, prompting them to request termination of foster care.

– In their self-declaration dated April 17^th, 2019, the parties with relevant rights and obligations, Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1, stated:

They have been cohabiting and registered their marriage at the People’s Committee of A Commune (marriage certificate issued in 1998). During their cohabitation, they had three biological children: Nguyen Minh C, born on January 10^th, 2000; Nguyen Minh Khanh H1, born on October 31^st, 2003; Nguyen Khanh M, born on July 8^th, 2009. In 2015, due to family financial hardships, they agreed to let Nguyen Minh Khanh H1 be adopted by their biological sister Mrs. Nguyen Thi Q and Mr. Tran Cong T.

After adoption, the child’s surname was changed to Tran Minh Khanh H1, and he was well cared for and educated. Now, the child wishes to live with them, and they agree.

– In his self-declaration dated April 17^th, 2019, Tran Minh Khanh H1 stated:

He is the biological child of Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1, currently attending class 10A1 at N High School, O Town, B District, Đong Nai province.

In 2015, due to family financial difficulties and many siblings, his parents agreed to have Mr. Tran Cong T and Mrs. Nguyen Thi Q adopt him.

After adoption, he lived with them and changed his surname from Nguyen Minh Khanh H1 to Tran Minh Khanh H1. While living with them, he was well cared for, maintained contact with his family, and received good education. But now that he is older and has many siblings at home, he wishes to live with his biological parents.

Now, Mr. Tran Cong T and Mrs. Nguyen Thi Q request termination of foster care, which he agrees to.

Additionally, due to family and study commitments, Mr. Tran Cong T, Mrs. Nguyen Thi Q, Mr. Nguyen Thanh H, and Mr. Tran Minh Khanh H1 requested to be absent from the hearing.

Statement by the representative of the Trang Bom District People’s Procuracy:

Regarding procedural steps since the civil case was accepted, legal relations, evidence gathering process, and compliance with time limits, all procedures are in accordance with the Civil Procedure Code.

Regarding the content: The request of Mr. Tran Cong T and Mrs. Nguyen Thi Q was made in accordance with the law and well-justified, hence the Court has grounds to accept the request.

COURT’S OPINION

[1] After examining the documents and evidence in the civil case file reviewed during the session, including the opinions of the parties and the representative of the People’s Procuracy at the hearing, the People’s Court of Trang Bom District concludes:

[2] Regarding the process: The petitioner filed the application and completed the procedures in accordance with the law.

[3] Mr. Tran Cong T, Mrs. Nguyen Thi Q, Mr. Nguyen Thanh H, and Mr. Tran Minh Khanh H1 submitted a request to be absent from the hearing. Pursuant to Clause 2, Article 367 of the Civil Procedure Code, the Court convened the hearing in their absence.

[4] Concerning legal relations and the jurisdiction of the Court:

[5] Mr. Tran Cong T and Mrs. Nguyen Thi Q requested the termination of foster care for Mr. Tran Minh Khanh H1, born on October 31^st, 2003, residing at 113 Block 8, Zone B, Hamlet L, Commune A, District B, Đong Nai Province. Therefore, based on Clause 5, Article 29, point b Clause 2, Article 35, and point l, Clause 2, Article 39 of the Civil Procedure Code, the legal relationship in this civil matter is “Request for Termination of Foster Care,” falling under the jurisdiction of the People’s Court of Trang Bom District.

[6] Regarding the content:

[7] In 2015, Mr. Tran Cong T and Mrs. Nguyen Thi Q adopted Mr. Nguyen Minh Khanh H1, the biological child of Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1, as their foster child. They completed the adoption paperwork and obtained Foster Care Certificate No. 01 from the People’s Committee of Commune A on September 15^th, 2015, thus establishing a lawful foster care relationship wherein all parties fulfilled their rights and obligations under the law.

[8] Now, Mr. Tran Minh Khanh H1 desires to live with his biological parents for better care and educational support, and both his foster parents, Mr. Tran Cong T and Mrs. Nguyen Thi Q, and biological parents, Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1, agree to this arrangement. Therefore, Mr. Tran Cong T and Mrs. Nguyen Thi Q submitted a voluntary request for termination of foster care, which aligns with Article 78 of the Marriage and Family Law and Article 25 of the Foster Care Law. Hence, the Court accepts their request to terminate foster care for Mr. Tran Minh Khanh H1.

[9] Regarding court fees:

Based on Article 149 of the Civil Procedure Code and Clause 1 of Article 37 of Resolution No. 326/2016/UBTVQH14 dated December 30^th, 2016, of the National Assembly stipulating the rates, exemptions, reductions, collection, payment, management, and use of court fees, Mr. Tran Cong T and Mrs. Nguyen Thi Q are required to pay a first-instance civil case court fee of 300,000 VND.

DECISION

– Pursuant to Article 149, Clause 3 of Article 367, Article 371, Article 372 of the Civil Procedure Code; Article 78 of the Marriage and Family Law; Article 25 of the Foster Care Law; Clause 1 of Article 37 of Resolution No. 326/2016/UBTVQH 14 dated December 30th, 2016, of the National Assembly stipulating the rates, exemptions, reductions, collection, payment, management, and use of court fees.

The Court accepts the petition for resolution of the civil matter from Mr. Tran Cong T and Mrs. Nguyen Thi Q.

Terminates the foster care relationship between Mr. Tran Cong T, Mrs. Nguyen Thi Q, and Mr. Tran Minh Khanh H1, born on October 31^st, 2003 (as per Foster Care Certificate No. 01 dated September 15^th, 2015, issued by the People’s Committee of Commune A, District B, Dong Nai Province).

The rights and obligations of the foster parents and the foster child cease from the effective date of the Court’s decision to terminate foster care.

– First-instance civil case court fee: Mr. Tran Cong T and Mrs. Nguyen Thi Q are to bear the 300,000 Vietnamese Dong first-instance civil case court fee, deducted from the advance payment of court fees of 300,000 VND, which they have already paid based on receipt number 0006560 dated April 9^th, 2019. Mr. Tran Cong T and Mrs. Nguyen Thi Q have fulfilled the payment of court fees.

– Right to appeal: Ms. Tran Thi Thao T1 has the right to appeal the decision within a period of 10 days from the date the Court issues the decision; Mr. Tran Cong T, Mrs. Nguyen Thi Q, Mr. Nguyen Thanh H have the right to appeal the decision within a period of 10 days from the date they receive the decision in accordance with the law.

CONTENT OF THE CASE LAW

“[7] In 2015, Mr. Tran Cong T and Mrs. Nguyen Thi Q adopted Mr. Nguyen Minh Khanh H1, who is the biological child of Mr. Nguyen Thanh H and Ms. Tran Thi Thảo T1, as their foster child. All parties completed the adoption paperwork and received Foster Care Certificate No. 01 from the People’s Committee of Commune A on September 15^th, 2015. Therefore, the foster care relationship is legally recognized, and all parties have fulfilled their rights and obligations as stipulated by law.

[8] Now, Mr. H1 wishes to live with his biological parents for better care and educational support and helping his younger siblings. Both his foster parents, Mr. Tran Cong T and Mrs. Nguyen Thi Q, and biological parents, Mr. Nguyen Thanh H and Ms. Tran Thi Thảo T1, agree to this arrangement.

Therefore, Mr. Tran Cong T and Mrs. Nguyen Thi Q have voluntarily submitted a request to the Court to terminate the foster care relationship, which is in accordance with Article 78 of the Marriage and Family Law and Article 25 of the Foster Care Law. Thus, it is necessary to accept the request to terminate the foster care relationship between Mr. Tran Cong T, Mrs. Nguyen Thi Q, and Mr. Tran Minh Khanh H1.”

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