Is a pregnancy before marriage considered a common child of the spouses in Vietnam?
Is a pregnancy before marriage considered a common child of the spouses in Vietnam? Can a child born to an unmarried mother take the mother's surname in Vietnam? What are the conditions for marriage between a man and a woman in Vietnam?
Hello Lawnet. My girlfriend is pregnant, and we are planning to get married next month. I am confused about whether the law recognizes that if this is a common child of us.
Thank you!
Is a pregnancy before marriage considered a common child of the spouses in Vietnam?
Pursuant to Article 88 of the Law on on Marriage and Family in 2014 stipulating 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.
2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.
Based on the current regulations, in the case that your wife is pregnant before marriage and gives birth during the marriage, the law will recognize this as your common child. Otherwise, in the case that the child is born before the date of marriage registration and is acknowledged by both of you as a common child of the couple, the law will also recognize this as your common child.
Is a pregnancy before marriage considered a common child of the spouses in Vietnam? - Source: Internet
Can a child born to an unmarried mother take the mother's surname in Vietnam?
Pursuant to Article 26 of the Civil Code in 2015 stipulating right to have family and given names as follows:
1. Each natural person has right to have a family name and a given name (including a middle name, if any). The family and given names of a person shall be the family and given names in the birth certificate of such person.
2. The family name of a person shall be passed from his/her biological father's or mother’s as mutually agreed between the parents; if the parents fails to agree, the person’s family name shall be determined according to customary practices. If the father of such person is undetermined, his/her family name shall be passed from his/her natural mother’s.
If an abandoned child whose natural parents are unidentified is adopted, his/her family name shall be passed from his/her adoptive father’s or mother’s as mutually agreed between the parents. If the child has either an adoptive father or an adoptive mother, his/her family name shall be passed from such person’s.
If an abandoned child whose natural parents are unidentified and he/she has not been adopted but has been fostered by a foster establishment or a , his/her family name shall be determined at the request of the head of such foster family or at the request of the person registering the birth of the child.
Biological father and mother specified in this Code means a father and mother determined at the event of parturition; intended father and mother and the resulting child as prescribed in the Law on marriage and families.
3. The naming is restricted in case it violates lawful rights and interests of other people and contravenes basic principles of civil law prescribed in Article 3 of this Code.
The name of each Vietnamese citizen must be in Vietnamese or other ethnic minority languages of Vietnam and not include any figure or any symbol other than a letter.
4. Each natural person shall enter in and perform his/her civil rights and obligations following his/her family and given name.
5. A person may not use his/her code name or pen name to cause damage to the lawful rights and interests of other people.
As regulations above, a child born to an unmarried mother can take the mother's surname in Vietnam.
What are the conditions for marriage between a man and a woman in Vietnam?
Pursuant to Article 8 of the Law on on Marriage and Family in 2014 stipulating conditions for getting married 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.
2. The State shall not recognize marriage between persons of the same sex.
Above are the conditions for marriage between a man and a woman in Vietnam.
Best regards!
