Vietnam: In case the wife registers the birth of an illegitimate child without a divorce from her husband, how to write the information of the father’s child?
- If the wife has not divorced her husband, how does the wife determine the father for the child?
- A wife having a child with another person without a divorce from her husband will be criminally prosecuted?
- In case the wife registers the birth of an illegitimate child without a divorce from her husband, how to write the information of the father’s child?
If the wife has not divorced her husband, how does the wife determine the father for the child?
Pursuant to Article 88 of the 2014 Law on Marriage and Family in Vietnam stipulating as follows:
Identification of parents
1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.
A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.
A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.
2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.
Thus, according to the above regulations, the common child is:
A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.
A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.
A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.
Note: When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.
Pursuant to Article 89 of the 2014 Law on Marriage and Family in Vietnam stipulating as follows:
Identification of children
1. A person who is not recognized as the parent of a person may request a court to identify that the latter is his/her child.
2. A person who is recognized as the parent of a person may request a court to identify that the latter is not his/her child.
Therefore, before the divorce, if the husband has evidence that the child is not his biological child, the husband can ask the Court to determine that it is not his child.
Vietnam: In case the wife registers the birth of an illegitimate child without a divorce from her husband, how to write the information of the father’s child?
A wife having a child with another person without a divorce from her husband will be criminally prosecuted?
Pursuant to Clause 2, Article 5 of the 2014 Law on Marriage and Family in Vietnam stipulating as follows:
Protection of the marriage and family regime
…
2. The following acts are prohibited:
a/ Sham marriage or sham divorce;
b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
dd/ Demanding property in marriage;
e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;
h/ Domestic violence;
i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.
Thus, the act of having a child with another person without divorcing her husband violates the regulations on protection of the marriage and family regime.
Pursuant to Article 182 of the 2015 Criminal Code of Vietnam stipulating adultery as follows:
- Any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he/she is already married and in any of the following circumstances shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment:
+ The offence results in the divorce of one or both parties;
+ The offender has incurred an administrative penalty for the same offence.
- This offence committed in any of the following circumstances carries a penalty of 06 - 36 months'' imprisonment:
+ The offence results in the suicide of the spouse or child of either party;
+ The court has issued a decision on dissolution of the marriage or compulsory termination of the cohabitation but the offender still defies such decision.
Thus, violations of regulations on protection of marriage and family regimes may be prosecuted for criminal liability according to the above provisions.
In case the wife registers the birth of an illegitimate child without a divorce from her husband, how to write the information of the father’s child?
Pursuant to Article 15 of Decree No. 123/2015/ND-CP stipulating as follows:
Birth registration for children with unidentified parents
1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.
2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.
3. If the father, at the time of application for birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on civil status, the People’s Committee shall both process the recognition and birth registration; birth registration contents shall be determined as prescribed in Clause 1 Article 4 of this Decree.
4. In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of this Article shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.
5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents" shall be specified in the vital records.
According to the above provisions, if a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.
Therefore, when registering the birth of an illegitimate child without a divorce from an ex-husband, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.
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