Who has the right to request the determination of parentage in Vietnam? What are judgments related to this issue?

Who has the right to request the determination of parentage in Vietnam?

According to Article 102 of the Law on Marriage and Family 2014 regarding those entitled to request the determination of parentage:

(1) A father, mother, or adult child not incapacitated may request the civil status registration agency to determine parentage for themselves, as prescribed in Clause 1, Article 101 of the Law on Marriage and Family 2014.

(2) A father, mother, or child, as per the provisions of civil procedure law, may request the Court to determine parentage for themselves in cases prescribed in Clause 2, Article 101 of the Law on Marriage and Family 2014.

(3) The following individuals, agencies, and organizations, per civil procedure law provisions, are entitled to request the Court to determine paternity or maternity for a minor child, or an adult child who is incapacitated, and the determination of offspring for an incapacitated parent or a minor parent in cases prescribed in Clause 2, Article 101 of the Law on Marriage and Family 2014:

- Father, mother, child, or guardian;

- State management agency for families;

- State management agency for children;

- Women's union.

Article 101 of the Law on Marriage and Family 2014 prescribes the authority to resolve the determination of parentage as follows:

- Civil registration agencies have the authority to determine parentage according to civil status laws in cases where there is no dispute.

- Courts have the authority to resolve the determination of parentage in cases of dispute, or when the person requested to be determined as a parent or child has died, and in cases stipulated in Article 92 of the Law on Marriage and Family 2014.

The Court's decision on the determination of parentage must be sent to the civil registration agency for notation according to civil status laws; to the parties in the parentage relationship; and to individuals, agencies, and organizations concerned according to civil procedure laws.

Thus, those entitled to request the determination of paternity, maternity, and child relationships include the father, mother, and adult child with full civil capacity; individuals and organizations such as guardians, state management agencies for families and children, and the Women's Union.

Depending on the specific case, the request may be made through civil registration agencies or the Court according to legal provisions. However, the Court's decision regarding the determination of parentage must be sent to the civil registration agency for notation according to civil status laws.

What are judgments related to disputes over determining parentage for children in Vietnam?

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