Is a child born during separation a common child in Vietnam? Where should I send the petition to resolve for not recognizing father and son in Vietnam?

Is a child born during separation a common child in Vietnam?

My husband and I are separated, but my wife is pregnant during separation, is the child a common child?

Reply:

Clause 1, Article 88 of the 2014 Law on Marriage and Family stipulates identification of parents as follows:

1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.

A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.

A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.

According to Clause 13, Article 3 of the 2014 Law on Marriage and Family: Marriage period means the duration of existence of the husband and wife relation, counting from the date of marriage registration to the date of marriage termination.

And according to Article 57 of the 2014 Law on Marriage and Family: The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective.

=> According to the information you provided, the couple is currently separated - meaning their marital relationship has not ended; You are still in marriage relation in Vietnam.

Therefore, the child conceived by his wife during separation is still determined to be their common child in Vietnam.

Is a child born during separation a common child in Vietnam? Where should I send the petition to resolve for not recognizing father and son in Vietnam? (Image from the Internet)

Where should I send the petition to resolve for not recognizing father and son in Vietnam?

My husband and I have lived together for 10 years and have two children, but I didn't know until now. One time my wife went out drinking and got drunk. My wife and that man had an affair that resulted in an unwanted child, but it wasn't until about three years later that I discovered it and took a DNA test to find out that this second child was not mine. So can I send a petition to the Court for settlement?

Reply:

Article 88 of the 2014 Law on Marriage and Family stipulates:

1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.

A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.

A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.

2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.

And according to Clause 4, Article 28 of the 2015 Civil Procedure Code, disputes over determination of fathers or mothers for children; or determination of children for fathers or mothers.

Thus, in principle, when a child born during marriage is the common child of the couple, if you have evidence to prove that it is not your child, you can file a lawsuit and send it to the People's Court of the locality where your wife resides to deny paternity (Clause 1, Article 35 and Clause 1, Article 39 of the 2015 Civil Procedure Code).

The lawsuit file includes:

- Petition to determine there is no paternity;

- Certified copy of birth certificate (of the baby);

- Marriage registration certificate;

- Documents and proof (DNA test papers,...)

If a father or mother does not recognize, does that end parents and child relationship in Vietnam?

I want to know, for some reason parents say they will disown their children. So, does this behavior end the relationship between father, mother and child?

Reply:

Pursuant to Article 69 of the 2014 Law on Marriage and Family, it stipulates obligations and rights of parents as follows:

1. To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.

2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.

3. To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.

4. Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.

Therefore, it can be said that relationship between biological parents and biological children cannot be terminated. Besides, current law only stipulates the termination of relationships between adoptive parents and adoptive parents when there is a Court decision in certain cases. No matter what the reason, even speaking from the child's face, the relationship between father, mother and child is not terminated in Vietnam.

Best regards!