2. Judgment
  3. Who Will the Child Take the Last Name After When Parents Are Not Yet Married? Several First-Instance Judgments Determining Paternity
26/09/2024 15:13

Who Will the Child Take the Last Name After When Parents Are Not Yet Married? Several First-Instance Judgments Determining Paternity

Who Will the Child Take the Last Name After When Parents Are Not Yet Married? Several First-Instance Judgments Determining Paternity

If parents have not registered their marriage, whose surname will the child take when they register the birth? Compilation of some first-instance judgments determining paternity for children.

1. Whose surname will the child bear if the parents are not married?

Pursuant to Clause 2, Article 26 of the Civil Code 2015, the regulation is as follows:

Article 26. Right to have a surname and name

…

2. The surname of an individual shall be determined as the surname of the biological father or the biological mother as agreed by the parents; if there is no agreement, the surname of the child shall be determined according to custom. In case the biological father is not yet identified, the surname of the child shall be determined according to the surname of the biological mother.

…

At the same time, based on Clauses 2 and 3 of Article 15 of Decree 123/2015/ND-CP, the regulation is:

Article 15. Birth registration for a child whose parents are unidentified

…

2. In the case where the father is not yet identified, when registering the birth, the surname, ethnicity, native place, and nationality of the child shall be determined according to the surname, ethnicity, native place, and nationality of the mother; the section regarding the father in the Register and the Birth Certificate of the child shall be left blank.

3. If at the time of registering the birth, the father requests the procedure to recognize the child according to Clause 1, Article 25 of the Law on Civil Status, the People's Committee shall resolve both the recognition of the child and the birth registration; the content of the birth registration shall be determined according to Clause 1, Article 4 of this Decree.

…

Therefore, if the parents are not married, they can register the birth of the child as in the case where the father is not yet identified; at this time, the child will bear the mother's surname, and the section about the father in the Register and the Birth Certificate of the child will be left blank.

However, if at the time of birth registration, the father completes the procedure to recognize the child, the People's Committee will resolve both the recognition of the child and the birth registration; at this time, the parents can agree for the child to bear the father's surname.

2. Some first-instance judgments determining paternity for the child

Below is a collection of some first-instance judgments determining paternity for the child:

No. Judgment Name Date of Issuance Court
1 Judgment on determining paternity for the child No. 131/2021/HNGD-ST November 12, 2021 People's Court of Nha Trang City
2 Judgment on determining paternity for the child No. 23/2022/HNGD-ST April 15, 2022 People's Court of Vinh Bao District, Hai Phong City
3 Judgment on determining paternity for the child No. 22/2021/HNGD-ST July 23, 2021 People's Court of D District, Hanoi City
4 Judgment on determining paternity for the child No. 07/2022/HNGD-ST March 17, 2022 People's Court of Tha Son District, Phu Tho Province
5 Judgment on determining paternity for the child No. 96/2022/HNGD-ST January 20, 2022 People's Court of Go Vap District, Ho Chi Minh City
6 Judgment on determining paternity for the child No. 83/2022/HNGD-ST July 29, 2022 People's Court of Nha Trang City
7 Judgment on determining paternity for the child No. 83/2021/HNGD-ST September 30, 2021 People's Court of Vinh Bao District, Hai Phong City
8 Judgment on determining paternity for the child No. 04/2022/HNGD-ST May 25, 2021 People's Court of Dak Glong District, Dak Nong Province
9 Judgment on determining paternity for the child No. 18/2021/HNGD-ST July 15, 2021 People's Court of Song Lo District, Vinh Phuc Province
10 Judgment on determining paternity for the child No. 30/2022/HNGD-ST May 30, 2022 People's Court of Thach Thanh District, Thanh Hoa Province
11 Judgment on determining paternity for the child No. 189/2021/HNGD-ST September 22, 2021 People's Court of Thuy Nguyen District, Hai Phong City
12 Judgment on determining paternity for the child No. 25a/2021/HNGD-ST September 10, 2021 People's Court of NG District, Hai Duong Province
13 Judgment on determining paternity for the child No. 19/2021/HNGD-ST October 22, 2021 People's Court of Thuan Thanh District, Bac Ninh Province
14 Judgment on determining paternity for the child No. 356/2021/HNGD-ST July 16, 2021 People's Court of Thanh Xuan District, Hanoi City
15 Judgment on determining paternity for the child No. 27/2022/HNGD-ST January 26, 2022 People's Court of T District, Hai Phong City
16 Judgment on determining paternity for the child No. 344/2021/HNGD-ST March 30, 2021 People's Court of Binh Chanh District, Ho Chi Minh City
17 Judgment on determining paternity for the child No. 05/2022/HNGD-ST February 28, 2022 People's Court of Vinh Tuong District, Vinh Phuc Province
18 Judgment on determining paternity for the child No. 09/2024/HNGD-ST January 26, 2024 People's Court of Cu Kuin District, Dak Lak Province
19 Judgment on determining paternity for the child No. 36/2022/HNGD-ST June 28, 2022 People's Court of Thai Binh City, Thai Binh Province
20 Judgment on determining paternity for the child No. 28/2022/HNGD-ST August 10, 2022 People's Court of Ha Trung District, Thanh Hoa Province
21 Judgment on determining paternity for the child No. 57/2022/HNGD-ST August 5, 2022 People's Court of Vinh Bao District, Hai Phong City
22 Judgment on determining paternity for the child No. 80/2021/HNGD-ST November 15, 2021 People's Court of Luc Ngan District, Bac Giang Province
23 Judgment on determining paternity for the child No. 100/2022/HNGD-ST August 1, 2022 People's Court of Buon Ma Thuot City, Dak Lak Province
24 Judgment on determining paternity for the child No. 05/2022/HNGD-ST February 28, 2022 People's Court of Vinh Tuong District, Vinh Phuc Province
25 Judgment on determining paternity for the child No. 404/2022/HNGD-ST August 23, 2022 People's Court of CM District, Hanoi City
26 Judgment on determining paternity for the child No. 28/2022/HNGD-ST April 27, 2022 People's Court of A District, Hai Phong City
27 Judgment on determining paternity for the child No. 34/2022/HNGD-ST June 14, 2022 People's Court of N District, D Province
28 Judgment on determining paternity for the child No. 26/2022/HNGD-ST May 24, 2022 People's Court of Luc Ngan District, Bac Giang Province
29 Judgment on determining paternity for the child No. 196/2021/HNGD-ST December 31, 2021 People's Court of Hai Duong Province
30 Judgment on determining paternity for the child No. 24/2019/HNGD-ST April 18, 2019 People's Court of district-level town Huong Tra, Thua Thien Hue Province
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