Procedure for Birth Registration for a Child When Parents Are Not Married

1. Legal basis:

- Civil Status Law 2014;

- Decree 123/2015/ND-CP;

- Residence Law 2020;

- Circular 04/2020/TT-BTP.

2. Dossier:

In your case, since you two have not registered your marriage, there is no basis to determine this as a common child of the husband and wife during the marriage period. If you want to register the birth of the child under the father's surname, the father must go through the procedure of recognizing the father, and combined with birth registration. When there is a basis to establish a blood relationship, the competent authority will resolve the birth registration for your child under the father's surname.

You need to prepare evidence proving the father-child relationship such as a confirmation of blood relationship (DNA)… and contact the commune People's Committee to request settlement. The dossier includes:

- Birth registration declaration form and father, mother, child recognition registration form as prescribed;

- Birth certificate or substitute document for the Birth certificate as prescribed in Clause 1, Article 16 of the Civil Status Law;

- Evidence proving the father, mother, child relationship (as prescribed in Article 14 of Circular 04/2020/TT-BTP), including:

+ Document from a medical agency, inspection agency, or other competent agency or organization in the country or abroad confirming the father-child, mother-child relationship.

+ In the absence of evidence proving the father, mother, child relationship as prescribed in Clause 1 of this Article, the parties recognizing the father, mother, and child may make a sworn statement regarding the father, mother, child relationship as prescribed in Article 5 of this Circular, with at least two witnesses about the father, mother, child relationship.

3. Submission method: Submit directly or authorize another person

4. Settlement agency: Commune People's Committee

5. Processing time: Within 1 day, if verification is required, no more than 05 working days

6. Fees: Free of charge

The above is our consultation content.

Respectfully!