In Vietnam, is the same surname marriage in the 4th generation prohibited under the current law?
How is the same surname marriage stipulated?
Pursuant to Article 17 and 18 of the Law on Marriage and Family 2014 of Vietnam on the same surname marriage as follows:
"Article 3. Interpretation of terms
…
17. People of the same direct blood line are those in the consanguineous relationship in which a person gives birth to another in a successive order.
18. Relatives within three generations are people born of the same stock with parents constituting the first generation; full siblings, paternal half-siblings and maternal half-siblings constituting the second generation; and children of paternal aunts, maternal aunts, paternal uncles, maternal uncles constituting the third generation.
…"
Protection of the marriage and family regime
According to Article 5 of the Law on Marriage and Family 2014 of Vietnam on protection of the marriage and family regime, specifically:
(1) Marriage and family relations established and implemented in accordance with this Law shall be respected and protected by law.
(2) The following acts are prohibited:
- Sham marriage or sham divorce;
- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
- 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;
- 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;
- Demanding property in marriage;
- Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
- Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;
- Domestic violence;
- Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.
(3) All acts of violating the marriage and family law shall be handled strictly in accordance with law. Agencies, organizations and individuals have the right to request a court or another competent agency to take measures to promptly stop and handle violators of the marriage and family law.
(4) The honor, dignity, prestige, privacy and other privacy rights of parties shall be respected and protected in the course of settlement of marriage and family-related cases and matters.
In Vietnam, is the same surname marriage in the 4th generation prohibited under the current law?
Can cousins get married?
According to the above regulations, the Law on Marriage and Family of Vietnam prohibits marriage between people of the same direct blood line, between relatives within three in order to ensure the framework of morality and fine customs as well as health of the next generation.
In your case:
+ Your lover's maternal great grandmother and your maternal great grandmother is the first generation.
+ Your lover's paternal grandmother and your paternal grandmother are the second generation.
+ Your mother and your lover’s mother is the third generation.
+ You and your lover are the fourth generation.
Thus, you and your lover are the fourth generation, so you two are not in the case of being banned from marriage according to the regulations of the law of Vietnam. And if you two meet the marriage conditions specified in Article 8 of the Law on Marriage and Family 2014 of Vietnam, including: The man is full 20 years or older, the woman is full 18 years or older; The marriage is voluntarily decided by the man and woman; The man and woman do not lose the civil act capacity; The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law; and the Government of Vietnam shall not recognize marriage between persons of the same sex, the two of you can go to Commune People's Committee to register the marriage.
Here are some of the information regarding the same surname marriage that we can provide. Best regards!
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