Nowadays, it is increasingly common to register a child’s birth when the father or mother is a foreigner. So in the case of having a child with a married foreigner, how to declare the birth? Let us learn about this topic with LSX law firm as follow:
Situation: “My lover is a foreigner and currently married, has not been divorced. Currently, I’m pregnant with his child and about to give birth; but I don’t know if I can make a birth certificate for the child with the father’s last name?
Birth registration for children whose father is a married foreigner
Because your lover has a family, according to Vietnamese law, the relationship between you and your lover is illegal. However, if you give birth to a child; your child still has the right to have birth registration as prescribed in Article 26 of the 2015 Civil Code.
In this case, your child will be born as an unidentified child. At this time, the section about the father in the civil status book and in the child’s birth certificate is left blank. And the child’s last name will follow the mother’s last name.
If you want your child to have the father’s last name; your lover must simultaneously carry out the procedures to recognize the father; the child and the birth registration procedure according to the provisions of Article 15 of Decree 123/2015/ND-CP.
At that time, you must go to the People’s Committee of the district; where you live to register the birth of your baby according to Article 35 of the Law on Civil Status 2014.
Having a child with a married foreigner, how to declare the birth?
Procedures for registering a birth with foreign elements but not yet registering a marriage? If you want the state to recognize paternity for your child, you must first prove paternity.
Article 14 of Circular 04/2020/TT-BTP stipulates: Evidence to prove the parent-child relationship as prescribed in Clause 1; Article 25 and Clause 1, Article 44 of the Law on Civil Status includes one of the following documents: the following documents:
1. Document of the medical agency, assessment agency; or other competent agency or organization in the country or abroad certifying the father-child relationship, mother-child relationship.
2. Where there is no evidence to prove the parent-child relationship as prescribed in Clause 1 of this Article; then the parties accepting the father, mother and child make a written undertaking about the father, mother and child relationship; according to the provisions of Article 5 of this Circular, with at least two witnesses on the father, mother and child relationship.
In case of registration of recognition of father, mother and child between Vietnamese citizens and foreigners; or between foreigners, the foreigner must submit a copy of his passport or a valid document in lieu of a passport to prove his identity.
Register to receive parents, children in some special cases
Article 16 of Circular 04/2020/TT-BTP stipulates:
If your lover later divorces abroad, you will be able to add the father’s name to your child’s birth certificate in the following cases:
– Children born by the wife before the time of marriage registration; birth registration but no information about the father; Now, if husband and wife have written recognition as common children, they do not have to carry out procedures to recognize father and children; but carry out additional civil status procedures to record additional information about the father in the birth registration book and the child’s birth certificate.
– In case the child was born by the wife before the time of marriage registration, but the birth registration has not been registered, but when the birth registration is registered, the husband and wife have a written acknowledgment of being a common child, the father’s information shall be immediately recorded in the registration form. The birth certificate of the child without having to go through the procedures to register the recognition of the father and child.
If you want to know more, please read this article about Procedures for making a birth certificate when father is Indian in Vietnam, hope it will help you with your problem.
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Related questions
Pursuant to the provisions of the Law on Nationality 2008, amended and supplemented in 2014: “Article 4. Principle of nationality The State of the Socialist Republic of Vietnam recognizes Vietnamese citizens having one nationality as Vietnamese nationality, unless otherwise provided for in this Law.
As can be seen, a birth certificate is an important record that records the birth of a child. The term “birth certificate” can refer to the original document confirming the birth circumstances or a certified copy or representation of the subsequent registration of that birth. Depending on the jurisdiction, the birth certificate may or may not contain verification of facts by the midwife or doctor.
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