Making girlfriend pregnant but refuses to accept – Legal consequences in Vietnam

Typically in Judgment 21/2017/HNGĐ-ST dated September 29, 2017 on disputes over identification of father for children, child support, compensation for health, honor, and dignity due to being violated, according to which:

At the end of 2014, Ms. A and Mr. B knew and had feelings for each other. Mr. B repeatedly promised to get married, so Ms. A and Mr. B had many times of having sex without using contraception. In June 2015, Ms. A knew she was about 04 (four) months pregnant when her biological parents found out. Ms. A's parents went to Mr. B's house to talk about marriage for Ms. A and Mr. B, but Mr. B and his family did not agree because the fetus was not caused by B. After that time, Mr. B's family organized a wedding for Mr. B and Ms. L. On November 1, 2015, Ms. A gave birth to a baby boy and named him O.

Before the betrayal and inhumanity of Mr. B, Ms. A asked the People's Court of District P to identify Mr. B as the biological father of O's grandchild, asking Mr. B to provide joint child support every month of 2,000,000 VND until when O is 18 years old. Meanwhile, Ms. A requested Mr. B to pay compensation for her honor, dignity, and health to Ms. A 117,500,000 VND (in which: Compensation for honor and dignity is 50 months' basic salary in the amount of 60,500 .000 VND; before and after giving birth allowance 51,000,000 VND; hospital birth, medicine, and car allowance 6,000,000 VND).

The People's Court of District P declared to partially accept the petition of plaintiff Ms. A.

- Determine that Mr. B is O's biological father, born on November 1, 2015. The personal rights and obligations (father-child) arise as soon as the judgment takes legal effect and Ms. A and Mr. B have the right to contact the competent State agency to enter the father's name B on the birth certificate of grandchild O to ensure the rights and interests of the parties involved.

- Forcing Mr. B to be obliged to support child O every year 12 million VND (1,000,000 VND/month), the period of support is counted from the day he is born until he becomes an adult.

- Forcing Mr. B to pay compensation for health damage caused by infringement to Ms. A with the total amount of 52,744,681 VND.

It can be seen that the Court has relied on Clause 2, Articles 68, 69 and Article 82 of the Law on Marriage and Family 2014 to force Mr. B to have the obligation to receive and support children jointly between Mr. B and Ms. A:

"Article 68. Protection of rights and obligations of parents and children

...2. Children who are born regardless of their parents’ marital status all have the same rights and obligations toward their parents prescribed in this Law, the Civil Code and other relevant laws."

"Article 69. Obligations and rights of parents

...2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves."

"Article 82. Obligations and rights of the parent who does not directly raise children after divorce

...2. The parent who does not directly raise a child shall support this child."

In addition, according to the judgment, Mr. B, in addition to having obligations towards his children, must also compensate Ms. A an amount corresponding to reasonable expenses for medical treatment, fostering and rehabilitation; fostering before and after giving birth and compensating for the mental loss according to the provisions of Article 590 of the 2015 Civil Code of Vietnam."

"Article 590. Damage caused by harm to health

1. Damage caused by harm to health shall comprise:

a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

d) Other damage as prescribed by law.

2. A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.

In conclusion, Mr. B made Ms. A pregnant but refused to accept it, Mr. B had to bear legal responsibilities in accordance with the law, from child support to having to pay compensation for damage to health and spirit for Ms. A.

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