Can an adopted child marry a biological child in Vietnam? Is getting married considered marriage in Vietnam?

Can an adopted child marry a biological child in Vietnam?

Let me ask the following question about marriage: The person I love is the adopted child of my parents since childhood, so can she and I get married? Is it legally forbidden?

Reply:

Point d, Clause 2, Article 5 of the 2014 Law on Marriage and Family prohibits the following acts:

d/ 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;

And Clauses 17 and 18, Article 3 of the 2014 Law on Marriage and Family explain:

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.

Based on the above provisions in Vietnam, the law does not prohibit adopted children from marrying biological children. Therefore, you can marry your girlfriend (who is your parents' adopted child) if both of you meet the marriage conditions specified in Article 8 of the 2014 Law on Marriage and Family.

Can an adopted child marry a biological child in Vietnam? Is getting married considered marriage in Vietnam? (Image from the Internet)

Is getting married considered marriage in Vietnam?

Yes, I would like to ask if getting married is marriage or not? That means the two concepts are the same, right?

Reply:

Pursuant to Clause 1, Article 3 of the 2014 Law on Marriage and Family, marriage means the relation between husband and wife after they get married.

Clause 5, Article 3 of the 2014 Law on Marriage and Family stipulates: Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.

Thus, it can be seen that these are two different concepts governed by the 2014 Law on Marriage and Family in Vietnam.

Marriage is a legal event that gives rise to a marital relationship. When getting married, the male and female parties must comply with the marriage conditions and must register their marriage at a competent authority for the marriage to be legal and a legal relationship between the male and female parties will arise in Vietnam. 

Marriage is established from the moment two people establish a husband and wife relationship, or in other words, from the time the marriage is registered at a competent authority in Vietnam.

Do neighbors have right to request an annulment of an illegal marriage in Vietnam?

I am a neighbor of a friend, this friend I met 3 years ago, at that time he got married when he was 16 years old. Now, the family has many conflicts. That friend also doesn't want to live with that person anymore. So, do I have the right to request the Court to annul the illegal marriage?

Reply:

Pursuant to Clause 2 and Clause 3, Article 10 of the 2014 Law on Marriage and Family, regulations on persons having the right to request annulment of illegal marriage are as follows:

2. The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of this Law;

a/ The spouse of a married person who gets married to another person; parent, child, guardian or another at-law representative of a person who gets married illegally;

b/ The state management agency in charge of families;

c/ The state management agency in charge of children;

d/ The women’s union.

3. When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 of this Article to request a court to annul such marriage.

Thus, according to the above regulations for underage marriage, agencies and individuals who have the right to request the Court to annul illegal marriages can: Marry spouses of married people. kissing with another person; father, mother, child, guardian or other legal representative of the person in an illegal marriage; State management agency for family; State management agency for children; Women's Union. As for neighbors, you do not have this right. You can request the agency or organization mentioned above to request the Court to annul the illegal marriage in Vietnam.

Best regards!