Can the Result of a DNA Test for Paternity Recognition Procedures be Replaced by Other Documents?
The Substitute for DNA Test Results in the Procedure of Establishing Paternity
Procedure and Authority for Registration of Paternity Acknowledgment
I wish to go through the procedure for paternity acknowledgment, but I have heard that the procedure mandates the inclusion of a DNA test result to prove the father-child relationship. However, I understand that the cost of conducting a DNA test is quite expensive, while my financial situation is currently difficult. Therefore, I would like to inquire whether, when completing the procedure for paternity acknowledgment, the DNA test result can be substituted with other documents.I kindly request advice from the respected Lawyers. Thank you.1. Can the results of a DNA test for the procedure of paternal recognition be replaced with other documents?
According to Article 14 of Circular 04/2020/TT-BTP regarding evidence proving the parent-child relationship, specifically:
Evidence to prove the parent-child relationship as stipulated in Clause 1, Article 25, and Clause 1, Article 44 of the Civil Status Act includes one of the following documents, materials:
- Documentation from a medical entity, forensic agency, or other competent authority within the country or abroad confirming the father-child or mother-child relationship.
2. In cases where evidence proving the parent-child relationship as stipulated in Clause 1 of this Article is unavailable, the parties may draft a sworn statement regarding the parent-child relationship as stipulated in Article 5 of this Circular, with at least two witnesses testifying to the parent-child relationship.
If you do not have a DNA analysis result from a competent agency or organization, you can draft a sworn statement about the father-child relationship with at least two witnesses testifying to the father-child relationship, which can replace the DNA test result.
2. Procedures and authority for registering paternal, maternal, and child recognition?
According to Article 24 of the 2014 Civil Status Act concerning the authority to register paternal, maternal, and child recognition, it states:
The Commune-level People's Committee where the person acknowledging or the person being acknowledged as a father, mother, or child resides shall perform the registration of paternal, maternal, or child recognition.
Based on Article 25 of the 2014 Civil Status Act, which regulates the procedures for registering paternal, maternal, and child recognition:
The person requesting the registration of paternal, maternal, or child recognition must submit a declaration in the prescribed form and evidence proving the father-child or mother-child relationship to the civil registration authority. Both parties must be present when registering paternal, maternal, or child recognition.
Within 03 working days from the date of receiving the complete documents as stipulated in Clause 1 of this Article, if the paternal, maternal, or child recognition is deemed appropriate and without disputes, the judicial - civil status official shall record it in the Civil Status Register, with the person registering the paternal, maternal, or child recognition signing the register, and report to the Chairman of the Commune-level People's Committee to issue an extract for the requester.
In cases requiring verification, the deadline can be extended by no more than 05 working days.
Thus, upon completing the procedures mentioned above, the Commune-level People's Committee where you reside will legally acknowledge you and your child.
Sincerely!
