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Rules and Regulations

This is an un-official copy of the rules and requirements for adopting from Cambodia, dated March 15th, 2001.  Since that time there may have been changes to this sub-decree.  

Sub-Decree on Application for Orphanaged Child to Adopt Abroad—The Royal Government of Cambodia

Chapter One—General Rules

Article 1:

This sub-decree defined competence, condition and procedure of application for the orphaned baby or orphaned child to adopt abroad. 

Chapter Two—Competence, condition and Procedure of Application for Orphaned Child

Article 2:

Alien, as the applicant must fulfill the conditions and procedure as provided in this sub-decree.

Article 3:

The applicant as spouse must marry and have up to 25-55 years of age.  For the unmarried person may allow to apply, but must be up to 40-50 years of age.  The applicant cannot apply for more than two children to adopt.  Must be allowed if the applicant has no any child or has not more than two.

Article 4:

The applicant must fill the application from to submit to the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation through the Ministry of Foreign Affairs and International Cooperation by attaching the following documents:

¨      Application form

¨      Authorized letter of adoption from the competent authority of the applicant’s country (INS)

¨      Report on the family situation, certified the family members from skilled agency on this work and recognized from the competent ministry of applicant’s country (homestudy)

¨      Copy of birth certificate or birth certificate of the applicant

¨      Copy of marriage certificate or divorce certificate or single status certificate

¨      Health certificate of the applicant (medical report)

¨      Report on psychology recognized by the applicant’s country (can be included in the med. Report).

¨      Judicial record issued by authority of birth country or place that applicant lives or judicial record issued by the competent ministry.

¨      Statement of financial situation and applicant’s property issued by the competent authority.

¨      Contract to adopted child entitlement includes inheritance as own child.

¨      The applicant’s photo taken in the last three months.

¨      The applicant’s contract on given information on adopted child upon the date taken the adopted child from Cambodia one each year until 18 years of age to the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation and this report is inspected and certified properly from the competent ministry of child application of the applicant’s country and copy to Cambodian Embassy in the applicant’s country. (Promise of post placement reports).

¨      Copy of applicant’s passport

¨      Certificate from the applicant’s country for the above-mentioned documents.

Article 5:

Orphaned baby/child to be applied to adopt must have the following qualifications and files:

¨      Under 8 years of age

¨      Lives under care of state orphanage or other center supervised by the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation.

¨      Lives in the center for at least 3 months before applying.

¨      Must have birth certificate issued by registrar

¨      Must have health certificate issued by physician in the hospital or other clinics recognized by state

Article 6:

The child selection must be made by the list of the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation, prepared and must be approved from application.  The applicant entitles to see the orphaned baby/child in orphanage before making decision whether acceptable or not acceptable

Article 7:

All documents of application must submit to the Ministry of Foreign Affairs and International Cooperation via the applicant’s embassy in Cambodia.  The Ministry of Foreign Affairs and International Cooperation must check the documents as stipulated in article 3 and 4 of this sub-decree within 15 days.  If the applicant’s file is inadequate, the Ministry of Foreign Affairs and International Cooperation entitles to refuse or send file to the applicant in order to fill up properly.  After completely checked must certify from the ministry to accompany related document to Ministry of Social Affairs, labor, Vocational Training and Youth Rehabilitation.

Article 8:

The Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation shall check on condition and forms, which the applicant filed as stipulated in article 5 of this sub-decree within 2 months.  After checked must certify about the opinion of the ministry then submit related document to the Ministers Council for asking decision from the Royal Government.

Article 9:

The Council of Ministers must check files and submit to pass from the Royal Government within 15 days and must send approved letter to the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation in order to make certificate letter and give the news to the Ministry of Foreign Affairs and International Cooperation to invite the applicant to come to Cambodia through the applicant’s embassy in Cambodia.  The positive/negative decision is the power of the Royal Government.

Article 10:

After received approved announcement from the Royal Government, the Ministry of Social Affairs, labor, Vocational Training and Youth Rehabilitation must issue certificate of adopted child to the applicant.  Giving the orphaned baby/child to adopted parents shall be made officially in front of the competent official of the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation as facilitator.  The adopted parents must be present to receive directly at that time.  Not allow to give orphaned baby/child through the central agency.

Article 11:

The Council of Ministers, Ministry of Foreign Affairs and International Cooperation and Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation must follow up information to help the Cambodian adopted child till the one is 18 years of age. 

Chapter Three: Dependence of Adopted Child Applicant

Article 12:

The applicants shall pay as below:

¨      Make passport for orphaned baby/child whom is asked by applicant.  Ensure all expenses in leaving of orphaned baby/child.

Article 13:

The applicant may distribute voluntarily the kind assistance to the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation has duty to manage using of humankind distribution under the force rule and transparency. 

Chapter Four: Final Rule

Article 15:

The rules, which have the terms against this sub-decree, shall be annulled.

Article 16:

Minister in charge of Ministers Council, Foreign Affairs and International Cooperation, Interior, Ministry of Social Affairs, Labor, Vocational Training, and Youth Rehabilitation and Minster or secretary of state of related ministries have duty to execute this sub-decree effectively upon the signed date. 

March 15, 2001

 

 

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