Advice and execute father-child relationship recognition for illegitimate child services.
Ms A: Hi Lawyer, I have a problem that needs a lawyer to help us. I and my boyfriend are both Vietnamese. Although we have Asian blood, we bring completely different thoughts. We both have good jobs and stable income. We want to live together just get married, introduce relatives, friends from both sides, and have children without the intention to register a marriage because we do not want to be legally bound.
However, I am in divided mind if we do not register the marriage, can I get the birth certificate for our child with both parents’s name? Looking forward to consulting of the Lawyer to help us.
The Lawyer answers:
Hi, your problem I answer belows:
1. Legal basis
- Law on civil status 2014;
- Decree No. 123/2015/NĐ-CP on the guidelines Law on civil status;
- Circular No. 04/2020/TT-BTP elaborating a number of articles of law on civil status and government’s decree no. 123/2015/ND-CP dated november 15, 2015 on guidelines for law on civil status.
2. Legal Advice
In case you are not married, if you have children together, you can still make a birth certificate for the children with both parents’ names. The procedure that you follow is birth registration and for parent-child relationship recognition. The documentation for this procedure includes:
- A birth registration application and an application for parent-child relationship recognition made using the prescribed forms;
- A certificate of live birth or an equivalent document: a document of a witness certifying the birth; a written pledge of the birth;
- Proof of parent-child relationship: Written confirmation of the father-child or mother-child relationship from a competent domestic or foreign regulatory body, organization, health authority or testing authority; In case there is no proof of the parent-child relationship per regulations herein, the parties shall draw up a confirmation of their parent-child relationship according to regulations with at least 2 witness of their parent-child relationship.
Authority to solve:
The People’s Committee of the commune where the mother or father lives shall handle the application.
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