Precedent No. 84/2026/AL on the termination of adoption of a minor when the single adoptive parent dies was adopted by the Council of Justices of the Supreme People’s Court on May 21, 2026, and announced under Decision No. 162/QĐ-CA dated May 29, 2026, by the Chief Justice of the Supreme People’s Court.
1. What is a Precedent?
Precedents are arguments and rulings in legally effective judgments and decisions of the Court regarding a specific case, selected by the Council of Justices of the Supreme People’s Court and announced by the Chief Justice of the Supreme People’s Court as precedents for Courts to research and apply in adjudication. (Article 1 of Resolution 04/2019/NQ-HĐTP)
Selected precedents must meet the following criteria:
– Clarify legal provisions that are subject to different interpretations, analyze and explain legal issues and events, and indicate the principles, guidelines for handling, and legal norms to be applied in a specific case, or demonstrate fairness for issues not yet specifically regulated by law;
– Be exemplary;
– Have guiding value for uniform application of law in adjudication.
2. Precedent No. 84/2026/AL on the termination of adoption of a minor when the single adoptive parent dies
2.1. Source of the Precedent
Supervisory Review Decision No. 06/2024/DS-GĐT dated April 22, 2024, of the Committee of Judges of the High People’s Court in Ho Chi Minh City regarding the civil matter “Request for termination of adoption” between the petitioners Mr. Ngo Thanh M, Ms. Cao Thi G; and the person with related rights and obligations, minor Ngo Phat T.
Location of the precedent content:
Paragraphs 1, 3, 4, and 8 of the “Court’s Opinion” section.
2.2. Overview of the Precedent’s Content
– Precedent Situation:
An adoption relationship between a single adoptive parent and a minor adoptee was legally established. After the adoptive parent’s death, the biological parents of the minor adoptee requested the Court to terminate the adoption.
– Legal Solution:
In this case, the Court accepted the request of the biological parents of the minor adoptee to terminate the adoption.
Legal provisions related to the precedent:
– Clause 5, Article 29 of the Civil Procedure Code of Vietnam 2015 (amended and supplemented in 2019, 2020, 2022, 2023, 2024, and 2025);
– Articles 25, Clause 3 Article 26, Clauses 2 and 3 Article 27 of the Law on Adoption of Vietnam 2010;
– Articles 15, 22, 23, 24, and 27 of the Law on Children of Vietnam 2016.
Keywords of the precedent:
“Termination of adoption”; “Minor adoptee”; “Adoptive parent dies”; “Single adoptive parent”.
CASE CONTENT
The petitioners for civil matter resolution, Mr. Ngo Thanh M and Ms. Cao Thi G, presented as follows:
Mr. Ngo Thanh M and Ms. Cao Thi G registered their marriage at the People’s Committee of L Commune, V District, Bac Lieu Province, under Marriage Certificate No. 225, book No. 04/2003 dated August 12, 2004. During their marriage, they had 03 children: Ngo Kim N, born on October 4, 2002; Ngo Thanh P, born on November 2, 2004; and Ngo Phat T, born on January 14, 2011.
After the birth of minor Ngo Phat T, Mr. M and Ms. G agreed to let Ms. Ngo Ngoc T1 (Mr. M’s biological sister) adopt minor T. On January 28, 2011, the Chairman of the People’s Committee of L Commune, V District, issued Decision No. 18/QĐ-UBND, recognizing the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T.
On September 16, 2020, Ms. Ngo Ngoc T1 passed away (death certificate No. 289/TLKT-BS dated March 2, 2021, from the People’s Committee of L Commune, V District).
Mr. M and Ms. G requested the termination of the adoption between Ms. T1 and minor T; concurrently, they requested the restoration of their rights and obligations as biological parents to their biological child, minor Ngo Phat T.
Ms. Tran Thi G1 stated: she is the mother of Ms. Ngo Ngoc T1 and Mr. Ngo Thanh M. While Ms. T1 was alive, she adopted minor Ngo Phat T, the biological child of Mr. Ngo Thanh M and Ms. Cao Thi G. In September 2020, Ms. T1 passed away. Since Ms. T1 had no family, after her death, there was no one to represent minor T. Ms. G1 is elderly and has difficulty moving, so she agreed to entrust minor T to Mr. Ngo Thanh M and Ms. Cao Thi G for direct care, nurturing, and education.
In Civil Matter Resolution Decision No. 02/2021/QĐDS-ST dated September 21, 2021, the People’s Court of Vinh Loi District, Bac Lieu Province, decided:
To reject the request of Mr. Ngo Thanh M and Ms. Cao Thi G for the termination of the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T.
Additionally, the first-instance decision also ruled on civil matter resolution fees.
On September 30, 2021, Mr. Ngo Thanh M appealed, requesting the appellate court to accept the request for termination of the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T.
In Civil Matter Resolution Appellate Decision No. 01/2021/QĐDS-PT dated November 8, 2021, the People’s Court of Bac Lieu Province decided:
To reject Mr. Ngo Thanh M’s appeal; to uphold the aforementioned first-instance civil matter resolution decision.
On July 19, 2022, Mr. Ngo Thanh M filed a petition requesting a supervisory review of the aforementioned appellate decision.
In Supervisory Review Protest Decision No. 06/2023/KN-HNGĐ dated November 7, 2023, the Chief Justice of the High People’s Court in Ho Chi Minh City protested against the aforementioned appellate decision. It requested the Committee of Judges of the High People’s Court in Ho Chi Minh City to conduct a supervisory review, amend Civil Matter Resolution Appellate Decision No. 01/2021/QĐDS-PT dated November 8, 2021, of the People’s Court of Bac Lieu Province, in the direction of accepting the request of Mr. Ngo Thanh M and Ms. Cao Thi G; terminating the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T; and concurrently, restoring the biological parent-child relationship between Mr. Ngo Thanh M, Ms. Cao Thi G, and minor Ngo Phat T.
At the supervisory review hearing, the representative of the High People’s Procuracy in Ho Chi Minh City requested the Supervisory Review Council to accept the protest of the Chief Justice of the High People’s Court in Ho Chi Minh City.
COURT’S OPINION:
[1] Mr. Ngo Thanh M and Ms. Cao Thi G registered their marriage on August 12, 2004, at the People’s Committee of L Commune, V District, Bac Lieu Province. Mr. M and Ms. G had 03 (three) common children, including minor Ngo Phat T, born on January 4, 2011. After the birth of minor T, Mr. M and Ms. G agreed to let Ms. Ngo Ngoc T1 (Mr. M’s biological sister) adopt minor T. The adoption process was carried out correctly and recorded in Decision No. 18/QĐ-UBND dated January 28, 2011, by the Chairman of the People’s Committee of L Commune, V District, Bac Lieu Province.
[2] Upon learning that she was suffering from a serious illness (cancer), on July 6, 2017, Ms. T1 expressed her wish to return minor T to Mr. M and Ms. G; Mr. M and Ms. G agreed to take minor T back for care and nurturing and filed a request to terminate the adoption. In Civil Matter Resolution First-Instance Decision No. 03/2017/QĐDS-ST dated August 1, 2017, the People’s Court of Vinh Loi District, Bac Lieu Province, rejected Mr. Ngo Thanh M’s request.
[3] On September 16, 2020, Ms. T1 passed away. After Ms. T1’s death, Mr. M and Ms. G wished to take minor T back to raise; concurrently, they wanted to re-establish the biological parent-child relationship, and therefore filed a request to terminate the adoption between Ms. T1 and minor T. Since Ms. T1’s death is not among the cases for termination of adoption as stipulated in Article 25 and Article 13 of the Law on Adoption 2010, the first-instance court and the appellate court’s rejection of Mr. M and Ms. G’s request was in accordance with the law.
[4] However, the first-instance court and the appellate court’s rejection of Mr. M and Ms. G’s request directly and seriously affected the rights of minor Ngo Phat T, because:
[5] According to Clause 4, Article 24 of the Law on Adoption 2010, from the time minor T was adopted by Ms. T1 (January 28, 2011), Mr. M and Ms. G (minor T’s biological parents) no longer had any rights or obligations towards minor T;
[6] At the time of Ms. T1’s death, minor T was only 09 (nine) years old; currently, minor T is also only 13 (thirteen) years old, is a child, and is an object needing protection, care, nurturing, and education; concurrently, minor T also has the right to reunite with biological parents according to the provisions of Articles 15, 22, 23, 24, and 27 of the Law on Children 2016;
[7] The legal representative for minor T, Ms. Tran Thi G1 (born in 1934), is elderly and lacks the economic, health, and mental conditions; while minor T is a child who needs to be ensured conditions for care, nurturing, and education. Ms. G1 also requested to entrust minor T to the biological parents for nurturing, care, and education.
[8] To ensure the right of minor Ngo Phat T to be cared for, nurtured, and educated in the event of the adoptive mother’s death, and while legal provisions do not yet regulate the termination of adoption in the case of an adoptive parent’s death, it is necessary to rely on the fundamental principles of law regarding “personal rights” to resolve the case. Accordingly, the right to adopt a child and the right to be adopted are personal rights in marriage and family. Personal rights are civil rights attached to each individual, cannot be transferred to others, and therefore exist in parallel with the individual’s biological life and automatically terminate upon that individual’s death. Therefore, Mr. M and Ms. G’s request to terminate the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T is consistent with the provisions of Clause 3, Article 26; Clauses 2 and 3, Article 27 of the Law on Adoption 2010; and is consistent with the spirit of Precedent No. 61/2023/AL adopted by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced under Decision No. 39/QĐ-CA dated February 24, 2023, by the Chief Justice of the Supreme People’s Court.
For the above reasons;
DECISION:
Based on Articles 325; 334; 337 and 343 of the Civil Procedure Code 2015;
1/ To accept Supervisory Review Protest Decision No. 06/2023/KN-HNGĐ dated November 7, 2023, by the Chief Justice of the High People’s Court in Ho Chi Minh City.
2/ To amend Civil Matter Resolution Appellate Decision No. 01/2021/QĐDS-PT dated November 8, 2021, of the People’s Court of Bac Lieu Province as follows:
To accept the request of Mr. Ngo Thanh M and Ms. Cao Thi G for the termination of the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T.
Mr. Ngo Thanh M and Ms. Cao Thi G shall have full rights and obligations as biological parents towards their biological child, minor Ngo Phat T, as stipulated by law.
3/ The supervisory review decision shall take legal effect from the date of its issuance.
PRECEDENT CONTENT
“[1] Mr. Ngo Thanh M and Ms. Cao Thi G registered their marriage on August 12, 2004, at the People’s Committee of L Commune, V District, Bac Lieu Province. Mr. M and Ms. G had 03 (three) common children, including minor Ngo Phat T, born on January 4, 2011. After the birth of minor T, Mr. M and Ms. G agreed to let Ms. Ngo Ngoc T1 (Mr. M’s biological sister) adopt minor T. The adoption process was carried out correctly and recorded in Decision No. 18/QĐ-UBND dated January 28, 2011, by the Chairman of the People’s Committee of L Commune, V District, Bac Lieu Province.”
“[3] On September 16, 2020, Ms. T1 passed away. After Ms. T1’s death, Mr. M and Ms. G wished to take minor T back to raise; concurrently, they wanted to re-establish the biological parent-child relationship, and therefore filed a request to terminate the adoption between Ms. T1 and minor T. Since Ms. T1’s death is not among the cases for termination of adoption as stipulated in Article 25 and Article 13 of the Law on Adoption 2010, the first-instance court and the appellate court’s rejection of Mr. M and Ms. G’s request was in accordance with the law.
[4] However, the first-instance court and the appellate court’s rejection of Mr. M and Ms. G’s request directly and seriously affected the rights of minor Ngo Phat T…”.
“[8]… Therefore, Mr. M and Ms. G’s request to terminate the adoption between Ms. Ngo Ngoc T1 and minor Ngo Phat T is consistent with the provisions of Clause 3, Article 26; Clauses 2 and 3, Article 27 of the Law on Adoption 2010;…”.
* This precedent was proposed by the Department of Legal Affairs and Scientific Management of the Supreme People’s Court.
