Is a Written Assurance Required When Processing a Birth Certificate for a Child?

My husband had a wife before I had a baby. My husband divorced his previous wife, then when our child was 1 month old, I went to register for marriage. I also transferred my household registration to my husband's house but when I went to apply for the child's birth certificate, the commune required a sworn statement that the child belongs to both spouses for it to be processed. Is this correct?

Article 44 of Circular 04/2020/TT-BTP stipulates evidence to prove the father, mother, child relationship as prescribed in Clause 1, Article 25, and Clause 1, Article 44 of the Civil Status Law includes one of the following documents:

- A document from a medical institution, an appraisal agency, or another competent agency or organization in the country or abroad confirming the father-child or mother-child relationship.

- In the absence of evidence to prove the father, mother, child relationship as stipulated in Clause 1 of this Article, the parties recognize the father, mother, child relationship by drafting a written commitment about the father, mother, child relationship as prescribed in Article 5 of this Circular, with the presence of at least two witnesses to the father, mother, child relationship.

Therefore, in this case, when registering the birth for the child, if there is no DNA confirmation, you and your husband need to draft a written commitment about the father, mother, child relationship with at least two witnesses. Hence, the requirement of the civil status judicial agency of the commune is in accordance with the regulation.

Sincerely!

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