Can a child carry the mother's surname when registering for birth?

Can the child take the mother's surname when registering for birth? (Illustration)

Child born can still be registered for birth under the mother's surname

According to Decree 123/2015/ND-CP guiding in detail some provisions and measures to implement the Civil Status Law 2014, there are 02 cases of registering a child's birth under the mother's surname:

- Case due to agreement between father and mother:

- Clause 1, Article 4 of Decree 123/2015/ND-CP on the birth content for children is regulated as follows: the surname, middle name, given name, and ethnicity of the child are determined according to the agreement between the father and mother and reflected in the Birth Registration Form.- In case the father and mother do not agree or cannot agree, it will be determined according to custom.

- Case where the father cannot be identified: According to Clause 2, Article 15 of Decree 123/2015/ND-CP, if the father cannot be identified, when registering for birth, the surname, ethnicity, native place, and nationality of the child are determined according to the surname, ethnicity, native place, and nationality of the mother; the section for the father's information in the Civil Status Register and the child's Birth Certificate will be left blank.

Thus, if the father and mother agree and can reach a consensus or if the father cannot be identified, it is possible to register the birth of the child under the mother's surname.

Procedures for registering a birth under the mother's surname

According to the provisions of Civil Status Law 2014, the People's Committee at the commune level where the father or mother resides is the competent authority to perform the birth registration. Therefore, a child can be registered for birth under either the father's or the mother's surname.

If registering the child's birth under the mother's surname, it is based on the mother's household registration or temporary residence.

The procedures for registering a child's birth under the mother's surname are conducted similarly to the usual birth registration under the father's surname:

Birth registration dossier

To proceed with the birth registration, the father, mother, grandparents, or the person going to register the birth must prepare the following documents to submit to the Commune People's Committee where the mother resides/temporarily resides:

- Birth registration form;- Birth certificate;

If there is no Birth Certificate, submit a written confirmation from the witness about the birth. If there is no witness, a written sworn statement about the birth is required.

In addition, the person registering the birth must present:

- Identification card/Citizen Identity Card;- Household registration book;- Marriage registration of the child's father and mother (if any).

Submission of dossier

Submit the documents at the Commune People's Committee where the mother is registered as a permanent resident or temporarily resides.

Receiving results

- After receiving and checking the documents, if the birth information is complete and appropriate, the civil status - judicial officer records the birth details in the Civil Status Register, presents it to the Chairman of the Commune People's Committee to sign the original Birth Certificate.- The civil status - judicial officer and the person applying for birth registration both sign the Civil Status Register. The Chairman of the Commune People's Committee issues the Birth Certificate to the person being registered.

Fee:

Within 60 days from the birth, registering the child's birth will be fee-free.

Thus, when the child is born, they can still be given a birth name under the mother's surname. Registering the child's birth under the mother's surname is conducted the same as registering under the father's surname. When registering the child's birth, note the necessary documents as stipulated by law.

Legal basis:

- Decree 123/2015/ND-CP;- Civil Status Law 2014.

Ngoc Tai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE