ฝึกพูดภาษาอังกฤษด้วยเทคนิค Shadowing จากวิดีโอ: HỌC TAPL CÙNG FDVN CHỦ ĐỀ: ÁN LỆ 84/2026/AL

Welcome to FDVN channel, case law number 84-2026-AL,

on termination of the adoptive relationship with a minor adoptee where the single adoptive parent dies,

approved by the Council of Justices of the Supreme People's Court on May 21,

2026 and promulgated under decision number 162-QDCA dated May 29, 2026 of the Chief Justice of the Supreme People's Court,

Supervisory Review Decision number 06-2024-DSGDT dated April 22,

2024 of the Judicial Committee of the High People's Court in Ho Chi Minh City.

Regarding the civil matter request for termination of adoption between the applicants, Mr. No Tan M and Mrs. Chow T.

G., and the person with related rights and obligations, No Fat T., location of the case law content.

Paragraphs 1, 3, 4, and 8 of the section court's findings, overview of the case law fact,

case law scenario, a lawful adoptive relationship is established between a single adoptive parent and a minor adoptee.

After the adoptive parent dies, the biological parents of the minor adoptee request the court to terminate the adoptive relationship,

legal solution, in this case, the court accepts the request of the biological parents of the minor adoptee for termination of the adoptive relationship,

relevant legal provisions, clause 5 article 29 of the 2015 Civil Procedure Code.

As amended and supplemented in 2019, 2020, 2022, 2023, 2024 and 2025,

Article 25, Clause 3 Article 26.

Clause 2 and 3 Article 27 of the 2010 Law on Adoption,

Articles 15, 22, 23, 24 and 27 of the 2016 Law on Children, Keywords of the Case Law,

Termination of Adoption, Minor Adopted Child,

adoptive parent deceased single adoptive parent facts of the case the applicants mr no ton m

and mrs chow tg presented as follows mr no ton m

and mrs chow tg registered their marriage at the people's committee

of el commune v district baklu province under marriage registration certificate

number 225 book number 04 2003 dated august 12 2004 during their marriage they had 03 children No Kim N,

born on October 4, 2002, No Tan P, born on November 2, 2004, and No Fat T,

born on January 14, 2011.

After the birth of No Fat T, Mr. M and Mrs. G agreed to allow Ms. No Knock T1, Mr. M's elder sister, to adopt T as her child.

On January 28, 2011, the chairman of the People's Committee of El Comune, v.

District issued decision no. 18 QDUBND recognizing the adoption between Ms. No Knock T1 and No Fat T.

On September 16, 2020, Ms. No Knock T1 died, death certificate number 289 TLKTBS dated March 2,

2021 issued by the People's Committee of El Comune, v.

District.

Mr. M and Mrs. G requested the termination of the adoption between Ms. T1 and t,

at the same time, the restoration of the rights and obligations of the biological parents toward their biological child, No Fat T, to them,

Mrs. Tran TG1 stated, she is the mother of Ms. No Knock T1 and Mr. No Tan M.

While Ms. T1 was alive, she adopted No Fat T, the biological child of Mr. No Tan M and Mrs. Chow TG.

In September 2020, Ms. T-1 died.

As Ms. T-1 had no family, after her death there was no person acting as T's representative.

Mrs. G-1 is elderly and has difficulty moving around, therefore, she agreed to hand over T to Mr. Noh Tan M and Mrs. Chow T-G for their direct care.

Upbringing and education, in first instance decision on civil matter number 02-2021-QDDSST dated September 21,

2021, the People's Court of Vinloy District, Bak Lu Province decided not to accept the request of Mr. Noh Tan M

and Mrs. Chow T.G for termination of the adoption between Ms. Noh Knock T.1 and Noh Fat T.

In addition, the first instance decision also ruled on the civil matter resolution fee.

On September 30, 2021, Mr. Noh Tan M appealed, requesting the appellate court to accept.

The request for termination of the adoption between Ms. No. Nock T1 and No. Fat T,

in appellate decision on civil matter No. 01-2021 QDDSPT dated November 8,

2021, the People's Court of Bak Lu Province decided not to accept the appeal of Mr. No. Tan M,

uphold the above-mentioned first-instance decision on civil matters.

On July 19, 2022, Mr. Noh Tanem submitted a petition requesting review of the above appellate decision under the supervisory review procedure.

The supervisory review hearing, the representative of the High People's Procuracy in Ho Chi Minh City proposed

that the supervisory review panel accept the protest of the chief judge of the High People's Court in Ho Chi Minh City.

Court's findings.

1. Mr. Noh Tan M and Mrs. Chow T.G registered their marriage on August 12, 2004 at the People's Committee of El Comune,

V District, Bak Lu Province.

Mr. M and Mrs. G have 033 common children, including Noh Fat T, born on January 4, 2011.

After the birth of T, Mr. M and Mrs. G agreed to allow Ms. Noh Knock T1, Mr. M's elder sister, to adopt T as her child.

The adoption was carried out in accordance with the prescribed procedures and recorded in Decision No. 18-QDUBND dated January 28,

2011 of the Chairman of the People's Committee of El Comune, V District, Bak Lu Province.

2. Upon learning that she was suffering from a terminal illness, cancer, on July 6, 2017,

Ms. T1 expressed her wish to return tea to Mr. M and Mrs. G, Mr. M and Mrs. G agreed to take tea back for care

and upbringing and submitted a request for termination of the adoption.

In first instance decision on civil matter number 03-2017-QDDSST dated August 1,

2017, the People's Court of Vinloy District, Bak Lu Province did not accept the request of Mr. Notan M.

III, on September 16, 2020, Ms. T1 died.

After Ms. T1's death, Mr. M and Mrs. G wished to take T home to raise him and,

at the same time, re-establish the biological parent-child relationship,

therefore, they filed a petition requesting termination of the adoption between Ms. T1 and T.

As the event of Ms. T1's death does not fall within

any of the cases of termination of adoption as prescribed in Articles 25 and 13 of the 2010 Law on Adoption.

The first instance court

and the appellate court were correct in not accepting the request of Mr. M

and Mrs. G in accordance with the Law A4, however, the first instance courts and appellate courts' refusal to accept the request of Mr. M

and Mrs. G directly and seriously affected the rights and interests of no fat T because.

5. Pursuant to Clause 4 Article 24 of the 2010 Law on Adoption, from the time T was adopted by Ms. T1,

January 28, 2011, Mr. M and Mrs. G, T's biological parents, no longer had any rights or obligations toward T.

6. At the time of Ms. T1's death, T was only 099 years old, at present, T is only 13,

13 years old, is still a child, and is a person requiring protection, care, upbringing, and education, at the same time,

T also has the right to be reunited with his biological.

Parents in accordance with Articles 15, 22, 23, 24, and 27 of the 2016 Law on Children,

7, T's legal representative, Mrs. Tran T.

G. One, born in 1934, is elderly and does not have sufficient economic means, health, or mental capacity.

Meanwhile, T is a child who must be provided with adequate conditions for care, upbringing, and education.

Mrs. G.

One also requested that T be entrusted to his biological parents for upbringing, care, and education in order to ensure no fat T.'s right to care,

upbringing, and education in circumstances where his adoptive mother has died

and where the law has not yet provided for termination of adoption in the event of the death of an adoptive parent,

it is necessary to rely on the fundamental legal principles concerning personal rights to resolve the matter.

Accordingly, the right to adopt a child and the right to be adopted are personal rights in marriage and family relations.

Personal rights are civil rights attached to each individual and cannot be transferred to another person,

therefore, personal rights exist concurrently with the biological life of the individual and automatically terminate upon that individual's death.

Therefore, the request of Mr. M

and Mrs. G for termination of the adoption between Ms. No Knock T1

and No Fat T is consistent with Clause 3 Article 26

and Clause 2 and 3 Article 27 of the 2010 Law on Adoption,

and is consistent with the spirit of precedent no. Precedent No. 61-2023-AL,

which was adopted by the Council of Judges of the Supreme People's Court on 01, the 2nd and the 3rd of February 2023,

and promulgated under Decision No. 39-QDCA dated February 24, 2023 of the Chief Justice of the Supreme People's Court.

Decision, pursuant to Article 325,

Article 334, Article 337 and Article 343 of the 2015 Civil Procedure Code.

1. To accept the Cassation Protest Decision No. 06-2023-KNHNGD dated July 11,

100

2023 of the Chief Judge of the High People's Court in Ho Chi Minh City.

101

2. To amend the Appellate Decision on Settlement of Civil Matter No. 01-2021-QDDSPT dated August 11,

102

2021 of the People's Court of Bak Lu Province as follows.

103

To accept the request of Mr. No Tan M

104

and Mrs. Chow T.G for termination of the adoptive parent-child relationship between Mrs. No. Nock T.1 and child No. Fat T.

105

Mr. No. Tan M and Mrs. Chow T.G shall have all rights and obligations of biological parents toward their biological child, namely No. Fat T.

106

In accordance with the law, 3.

107

This cassation decision takes legal effect from the date of issuance.

108

Content of the case law.

109

1. Mr. No Tan M and Mrs. Chow T.G registered their marriage on August 12, 2004 at the People's Committee of El Comune,

110

V District, Bak Lu Province.

111

Mr. M and Mrs. G have 033, common children, including No Fat T, born on January 4, 2011.

112

After the birth of T, Mr. M and Mrs. G agreed to allow Ms. No Knock T1, Mr. M's elder sister, to adopt T as her child.

113

The adoption was carried out in accordance with the prescribed procedures and recorded in Decision No. 18-QDUBND dated January 28,

114

2011 of the Chairman of the People's Committee of El Comun v.

115

District, Baklu Province.

116

3. On September 16, 2020, Ms. T1 died.

117

After Ms. T1's death, Mr. M and Mrs. G wished to take T home to raise him and, at the same time, re-establish the biological parent-child relationship,

118

therefore, they filed a petition requesting termination of the adoption between Ms. T1 and T.

119

As the event of Ms. T1's death does not fall within

120

any of the cases of termination of adoption as prescribed in Articles 25 and 13 of the 2010 Law on Adoption, the first instance court

121

and the appellate court were correct in not accepting the request of Mr. M and Mrs. G in accordance with the law, for, however, the first instance courts

122

and appellate courts refusal to accept the request of Mr. M

123

and Mrs. G directly and seriously affected the rights and interests of No Fat T.

124

8. Therefore, the request of Mr. M

125

and Ms. G for termination of the adoptive relationship between Ms. No Knock T1

126

and No Fat T is consistent with Clause 3 Article 26

127

and Clause 2 and 3 Article 27 of the 2010 Law on Adoption.

128

Thank you.

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ฝึกพูดภาษาอังกฤษด้วยเทคนิค Shadowing จากวิดีโอ: HỌC TAPL CÙNG FDVN CHỦ ĐỀ: ÁN LỆ 84/2026/AL

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