Currently, there are still many cases where parents prevent their children from marrying according to their own wishes. So what do the current laws stipulate about these cases?
Article table of contents
Do parents have the right to forbid their children from getting married? (Illustrative photo)
The Editorial Board of LAW SECRETARY would like to address this issue as follows:
Parents do not have the right to forbid their children from getting married
Marriage is the act of a man and woman establishing a spousal relationship in accordance with the Law on Marriage and Family regarding the conditions for marriage and marriage registration. According to Article 8 of the Law on Marriage and Family 2014, for a marriage to be legally recognized, the couple must meet the following conditions:
- The male must be at least 20 years old, and the female must be at least 18 years old;- The marriage must be voluntarily decided by the couple;- Neither party should be mentally incapacitated;- The marriage should not fall under any of the prohibited cases:
- Sham marriage, sham divorce;- Child marriage, forced marriage, deceitful marriage, obstructed marriage;- A person who is married but marries or lives together as husband and wife with another person, or a person who is unmarried but enters into a marriage or lives together as husband and wife with a person who is already married;- Marriage or cohabitation as husband and wife between people of direct bloodline; between relatives within three generations; between adoptive parents and adopted children; between a former adoptive parent and adopted child; between father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepdaughter, stepmother and stepson.
Note: The state does not recognize same-sex marriages.
Additionally, Clause 1 of Article 9 of the Law on Marriage and Family 2014 stipulates that a marriage must be registered and performed by a competent state authority as per this law and civil status legislation. A marriage not registered as per this clause holds no legal value.
Therefore, based on the above provisions, the decision to marry is voluntary by both parties and is registered with the competent state authority. Parental obstruction does not affect the right of the children to register their marriage. Consequently, in cases where parents do not consent to the marriage but the couple meets the above conditions, the law will still recognize the marital relationship after the marriage registration.
However, in reality, parental support is very important in the marriage of their children. Children always hope to receive consent and blessings from both parents. Thus, although the law states that parents do not have the right to prevent their children from marrying, couples should seek their parents' consent and blessings in their marriage.
Parents who force or mistreat to forbid their children from getting married will be penalized
According to the provisions of Article 55 of Decree 167/2013/ND-CP, a warning or a fine ranging from VND 100,000 to VND 300,000 is imposed on those who obstruct others from marrying, divorcing, hinder voluntary and progressive marriage by mistreatment, maltreatment, mental coercion, demanding property, or other schemes.
Moreover, Article 181 of the Criminal Code 2015 specifies that anyone who forces another person to marry or obstructs another person from marrying by mistreatment, maltreatment, mental coercion, demanding property, or other schemes, having been administratively penalized for such act but continues to violate, shall be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 03 months to 03 years.
Thus, under the above regulations, parents who mistreat, maltreat, mentally coerce, demand property, or employ other schemes to prevent their children from getting married will be fined from VND 100,000 to VND 300,000 and will be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 03 months to 03 years if they continue to violate after being administratively penalized for such acts.
It is evident that preventing children from getting married not only disrupts family harmony but also violates legal regulations. Therefore, parents should respect their children's thoughts and feelings, and support their children's choices for a happier family life.
Ty Na
