07/10/2022 11:18

05 judgments on identifying the child's father in Vietnam

05 judgments on identifying the child's father in Vietnam

Nowadays, Pre-marital relations are not uncommon and as a result, there will be children born without the father's name on the birth certificate. The procedure for determining the father for a child is to protect the child's interests as well as to force the father to perform his or her support obligations.

The 2014 Law on Marriage and Family of Vietnam stipulates:

Article 89. 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.

Here are 5 judgments to determine paternity for children:

1. Judgment on determining paternity for number 189/2021/HNGĐ-ST

Level of trial: First instance

Judicial body: People's Court of Thuy Nguyen District, Hai Phong Province

Case summary: Ms. T married Mr. Vu Van N in 2005 and registered his marriage, in 2011 Mr. N left and did not return home. During the separation, Ms. T developed feelings for Mr. Bui Van H and gave birth to a child named M on January 5, 2019. But because he has not been divorced from Mr. N, the father's information on the birth certificate still contains Mr. N's information. On August 14, 2020, she and Mr. Vu Van N recently divorced, now to ensure the rights and obligations of Mr. N. Ms. T asked the Court to identify Mr. Bui Van H, the biological father of Vu Thi Thanh M, who was born on January 5, 2019.

2. Judgment on the dispute to determine the father for the number 151/2021/HNGĐ-ST

Level of trial: First instance

Judicial body: People's Court of Thuy Nguyen District, Hai Phong Province

Case summary: Ms. L married Mr. Q in 2014 on a voluntary basis and registered marriage. In 2015, due to a conflict, she and Mr. Q lived separately. During the time of living separated but not divorced from Mr. Q, she had a romantic relationship and became pregnant with Mr. D. On April 3, 2020, Ms. L and Mr. Q divorced. On May 21, 2020, she and Mr. D registered their marriage and gave birth to baby H on July 11, 2020. But she could not register the birth of the child because she was pregnant with Mr. D during her marriage with him. Q. On July 29, 2020, she asked Company X to test the blood relationship of Mr. D and baby H. The assessment results of the Service Company and the Criminal Technical Department - Hai Phong City Police both concluded that Mr. D is the biological father of baby H.

3. Judgment on the dispute to determine the father for the number 376/2021/HNGĐ-ST

Level of trial: First instance

Judicial body: People's Court of District 3, Ho Chi Minh City

Case summary: Mr. Ho Van T and Ms. Le Thi T are married and have a registered marriage certificate. During the marriage, Mrs. T had an emotional relationship with Mr. M and gave birth to a grandchild, Ho Ngoc K. However, because she was a child born during the marriage between Mr. T and Mrs. T when making a birth certificate for her grandchild, Ms. T had an emotional relationship with Mr. M. K, Mrs. T declared that her father's name was Ho Van T, her mother's name was Le Thi T. Later, Ms. T asked Company X to analyze the DNA and concluded: "Mr. Cao Van M and baby Ho Ngoc K have blood relationship (Father-son). After that, Mr. Ho Van T asked the People's Court of Tan Phu District to accept the divorce with Mrs. T because he knew that K was not his biological child.

4. Judgment 11/2021/HNGĐ-ST dated February 5, 2021 on determining paternity for children

Level of trial: First instance

Judicial body: People's Court of Quynh Phu District - Thai Binh

Case summary: In 2012, Ms. Th married Mr. Nguyen Van H. In early 2017, she and Mr. H lived separately. During the time she and Mr. H lived separately, she and Mr. Nguyen Van L got acquainted and developed feelings that led to pregnancy. On January 17, 2018 she gave birth to a child with Mr. L named Nguyen Quynh A. On September 20, 2018, the District Court of T granted her a divorce from Mr. H, so A was born during the period. The marriage between Ms. Th and Mr. H. During the divorce settlement, she did not declare to the Court the birth of Nguyen Quynh A's grandson, Mr. H was absent.

5. Judgment 01/2020/HNGĐ-ST dated August 21, 2020 on determining paternity for children

Level of trial: First instance

Judicial body: People's Court of Lai Chau City - Lai Chau

Case summary: While Ms. Tong Quynh H and Mr. Nguyen Ngoc T lived separately, Mr. S and Ms. H developed feelings and had a relationship with each other. On September 21, 2018, Ms. H gave birth to a baby boy, registered as Nguyen Dang S1. Because at that time, Ms. H and Mr. T were still husband and wife, so when she gave birth, Ms. H still let her child S1 bear the father's name, Mr. Nguyen Ngoc T, so Mr. S could not accept the child. Up to now, Ms. H and Mr. T have divorced, then Mr. S and Ms. H took their nephew Nguyen Dang S1 for a DNA test, the test results concluded that Mr. Nguyen Dang S and Nguyen Dang S1 had the same father-son bloodline.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Bao Yen
20


Please Login to be able to download
Login
Register

  • Address: 17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286 (6 lines)
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;