Upon completion of the divorce proceedings, the husband and wife will terminate the marriage. So, can children born after divorce be considered common children in Vietnam?
Article table of contents
Can children born after divorce be considered common children in Vietnam? (Source: Internet)
1. Can children born after divorce be considered common children in Vietnam?
Article 88 of the Law on Marriage and Family (2014) stipulates the identification of parents as follows:
- 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.
- When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.
In addition, Article 89 of the Law on Marriage and Family 2014 stipulates the identification of children as follows:
- A person who is not recognized as the parent of a person may request a court to identify that the latter is his/her child.
- A person who is recognized as the parent of a person may request a court to identify that the latter is not his/her child.
Thus, children born after divorce within 300 days from the time of marriage termination will be considered as children that the wife had during the marriage and are common children of husband and wife. In the case of refusal, the father and mother must have evidence and be determined by the court.
2. The right to recognize the father, mother, and child if the child is born following a divorce in Vietnam
-The right to recognize the father and mother of the child:
+ A person has the right to recognize his/her parent even in case the parent has died.
+ An adult may recognize his/her parent without consent of the other parent.
- Right to regconize children of parents:
+ A parent has the right to recognize his/her child even in case this child has died.
+ A married person may recognize his/her child without consent of his/her spouse.
Note: When a person who requests identification of his/her parent or child dies, his/her next of kin has the right to request a court to identify the parent or child for him/her.
(Articles 90, 91, and 92 of Vietnam's Law on Marriage and Family 2014)
Ngoc Nhi
- Key word:
- divorce in Vietnam
