The relationship between parents and their biological children is considered a moral right and cannot be transferred in civil. Therefore, is it possible for the parents to terminate the relationship with their children?
Article table of contents
Do parents have the right to terminate the relationship with their biological children in Vietnam? (Illustration)
1. Moral rights towards parents and biological children in Vietnam
Article 39 of the Civil Code 2015, it provides for personal rights in marriage and families.
- Individuals have the right to get married, divorce, equal rights of husband and wife, right to identify father, mother and child, right to be adopted, right to adopt children and other personal rights in the marriage relationship. parent-child relationships and relationships between family members.
Children born regardless of the marital status of their parents have the same rights and obligations towards their parents.
- Individuals exercise their moral rights in marriage and family in accordance with the provisions of the Civil Code 2015, the Law on Marriage and Family 2014 and other relevant laws.
2. Rights and obligations between parents and their biological children in Vietnam
2.1 Rights and obligations of parents
Article 69 of the Law on Marriage and Family 2014 stipulating the obligations and rights of parents:
- Love children, respect their opinions; take care of their studies and education so that their children can develop healthily physically, intellectually and morally, become filial children of the family and useful citizens to society.
- Look after, raise, care for and protect the lawful rights and interests of minor children and adult children who have lost their civil act capacity or have no working capacity and have no property to support themselves. me.
- Guardian or representative under the provisions of the Civil Code 2015 for minor children, adult children who have lost their civil act capacity.
- Not to discriminate against children on the basis of gender or the marital status of parents; must not abuse the labor power of minor children, adult children who have lost their civil act capacity or are unable to work; must not incite or force their children to do illegal or unethical activities.
2.2 Rights and obligations of biological children
Article 70 of the Law on Marriage and Family 2014 stipulating the rights and obligations of children:
- Being loved, respected by their parents, and exercising their lawful personal and property rights and interests in accordance with the law; be educated and educated; to be healthy physically, intellectually and morally.
- Having the duty to love, respect, be grateful, be filial, take care of their parents, preserve the honor and good traditions of the family.
Minor children or adult children who have lost their civil act capacity or are unable to work and have no property to support themselves have the right to live with their parents and be looked after and raised by their parents. , take care of.
Minor children participate in household chores appropriate to their age and not contrary to the provisions of the law on child protection, care and education.
- Adult children have the right to freely choose a career, place of residence, study and improve their cultural, professional and professional qualifications; participate in political, economic, cultural and social activities according to their aspirations and abilities.
When living with parents, children are obliged to participate in family work, labor, production and income generation in order to ensure the common life of the family; contribute income to meet the needs of the family in accordance with his ability.
- To enjoy property rights commensurate with their efforts to contribute to the family's assets.
Thus, there is no provision on terminating the parent-child relationship in Vietnam.
Chi Nhan
