Can the descendants of both in-laws marry each other in Vietnam? Can biological children and adopted children marry each other in Vietnam?

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 04/12/2023

Can the descendants of both in-laws marry each other in Vietnam? Can biological children and adopted children marry each other in Vietnam? Can adoptive parents marry person who was an adopted child of them in Vietnam?

    • Can the descendants of both in-laws marry each other in Vietnam?

      The thing is, my family and my husband's family also live near each other. I have a child who wants to marry my husband's brother, is that possible?

      Reply:

      Clause 2, Article 5 of the 2014 Marriage and Family Law stipulates that the following acts are prohibited:

      ...

      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;

      In your case, the descendants of both parties are not related by blood, not within three generations in Vietnam, so if they meet the marriage conditions according to Article 8 of the 2014 Marriage and Family Law, it is still allowed.

      Can biological children and adopted children marry each other in Vietnam?

      Please help me answer the following question: Can biological children and adopted children marry each other in Vietnam? Are there any legal documents addressing this issue? Hope to receive a response soon. Sincerely thank!

      Reply:

      Regarding this issue, currently, Vietnam's law does not have specific regulations. Therefore, for adopted children and biological children to have the right to marry, they must meet the provisions in Clause 1, Article 8 of the 2014 Marriage and Family Law as follows:

      1. A man and a woman wishing to marry each other must satisfy the following conditions:

      a /The man is full 20 years or older, the woman is full 18 years or older;

      b/ The marriage is voluntarily decided by the man and woman;

      c/ The man and woman do not lose the civil act capacity;

      d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

      - Marriage does not fall into one of the cases where marriage is prohibited as prescribed in Points a, b, c and d, Clause 2, Article 5 of this Law as follows:

      a/ Sham marriage or sham divorce;

      b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

      c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

      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;

      Above is the answer about marriage between adopted children and biological children in Vietnam. You can find out more information about this issue at the Marriage and Family Law 2014.

      Can the descendants of both in-laws marry each other in Vietnam? Can biological children and adopted children marry each other in Vietnam? (Image from the Internet)

      Can adoptive parents marry person who was an adopted child of them in Vietnam?

      Previously I was adopted by a couple, but now I am no longer their adopted child. Currently, the wife (former adoptive mother) of that person (my former adoptive father) has passed away. But circumstances turned upside down. My partner and I are currently in love and want to get married. Don't know if it's possible or not? Hope you can guide me.

      Reply:

      According to current law, men and women who marry each other must meet the following standards:

      a /The man is full 20 years or older, the woman is full 18 years or older;

      b/ The marriage is voluntarily decided by the man and woman;

      c/ The man and woman do not lose the civil act capacity;

      d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

      - Sham marriage or sham divorce;

      - Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

      - A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

      - 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;

      Thus, based on the above regulations in Vietnam, the law prohibits marriage between a person who was an adoptive parent and an adopted child.

      Comparing with the case you provided, you and that person had a relationship between adoptive father and adopted child. Therefore, according to current regulations on marriage and family, you and your partner cannot marry each other in Vietnam.

      In case you and your partner still intentionally violate it, you will be considered and punished according to the provisions of law

      Accordingly, according to the provisions of Article 48 amended by Clause 35, Article 1 of Decree 67/2015/ND-CP, a fine from 1,000,000 VND to 3,000,000 VND shall be imposed for the act of marriage between a person who was once an adoptive parent and an adopted child.

      Above is our consulting opinion on the issue you are wondering about in Vietnam.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you