“I want to change my child’s birth certificate to follow the father’s last name. Before that, my wife and I didn’t go through the marriage registration procedure, so now I have to carry out the procedure to recognize the father. DNA testing is mandatory for me to adopt a child. So let me ask, what is the order of DNA testing and how is it legal for authorities to recognize DNA between father and child? I hope you can advise and help me. I would like to sincerely thank you.”. Thanks for your question. Now, DNA testing is easier and faster than ever thanks to advanced technology. However, many people still do not know how to do a DNA test properly. Today, LSX Lawfirm will give you an article about “How to do DNA testing according to Vietnamese law?“, as follows:
Legal grounds
Civil Procedure Code 2015
Civil Status Law 2014
Law on Marriage and Family 2014
Circular 04/2020/TT-BTP
What is parentage identification?
Identification of parents and children is the identification of biological fathers; mother tongue; natural children in the legal relationship between father, mother, and child. The determination of paternity is based on the fact of birth; marital relationship and bloodline. This has a sacred meaning in determining; forming relationships in the family; In addition, it also has an important meaning for the change, supplementation, and correction of the civil status of family members
The basis for determining the parent-child relationship
Article 88 of the Law on Marriage and Family provides as follows:
- Firstly, Children are born during the marriage; the wife getting pregnant during the marriage is the common child of the husband and wife.
- Secondly, Children born within 300 days from the time of marriage termination are considered children due to the wife’s pregnancy during the marriage period.
- Thirdly, Children born before the date of marriage registration and recognized by parents as common children of husband and wife.
The case is determined to be the father or mother of a child according to one of the three bases above and refuses to accept the child; If another person who cannot be identified as the child’s father or mother wants to receive the child, it shall be considered a case of dispute and need to carry out legal procedures to identify the father and mother for the child.
How to do a DNA test correctly?
Each paternity DNA testing center has different requirements. The results of the legally licensed DNA testing centers will be recognized by law and serve as proof of paternity between you and your child.
However, basically, the DNA test sequence is as follows:
Step 1: Verify your identity
If the customer is over 18 years old, they need to bring their identity card, birth certificate, etc. to prove their identity. For persons under the age of 18, a guardian’s signature, with local certification, is required to ensure accuracy.
– Register the procedure, write the correct name according to the identification document, and the test results will also return correctly.
Step 2: Collect test samples
The hypothetical father and son will be directly sampled by the staff of the testing center and photographed and fingerprinted to verify the person giving the sample. Blood samples and oral mucosal cell samples can be selected for testing.
Test samples are individually packaged and carefully sealed to avoid tampering or confusion.
Step 3: Get the result
Father and son DNA test results will be sent by post to the address registered to receive or receive in person, the results are sealed and confidential.
What is the current procedure to determine the latest parent and child?
Step 1. Prepare documents including:
- Declaration of registration of recognition of father, mother, and child (made according to the form) then.
- Identity card/citizen identity card; passport; household registration book of the requester and the recipient being the father, mother, and child then;
- Original; copy of the Birth Certificate of the person receiving the child (in case of adoption); of the recipient’s father or mother (in case of applying for a father or mother);
- Evidence to prove the parent-child or parent-child relationship, including A document from a medical agency or an assessment agency; other competent authorities in the country; Foreign countries confirming paternity and mother-child relationship. In case the above-mentioned documents are not available, there must be letters, movies, tapes, discs, utensils, and other items proving the father-child relationship, the mother-child relationship, and the written commitment of the father and mother about the children are common children of two people, with at least two relatives of the father and mother as witnesses.
Step 2. Submit the application to the competent authority
The dossier is submitted to the People’s Committee of the commune where the recipient resides; the person to be recognized as a father, mother or child shall register to recognize the father, mother, and child then.
Step 3. Solve the request for registration of parents and children
If the application is complete and valid; the person receiving the application shall write a receipt, clearly stating the date and time to return the results. Within 03 working days from the date of receipt of complete documents as prescribed; if finding that the recognition of father, mother, and child is correct and there is no dispute, the judicial – civil status officer shall record it in the civil status book; the person registering to receive the father, mother and child signs in the civil status book; The civil servant shall report to the President of the commune-level People’s Committee to issue the extract to the requester.
If the application is incomplete; complete, guide the applicant to supplement and complete the application according to regulations. In case it is not possible to supplement or complete the dossier immediately, a written instruction must make, clearly stating the type of paper, the content to supplement, completed, signed, clearly stating the full name, middle name, and the first name of the person in question receive then.
If the dossier is not fully supplemented and completed after being instructed, the recipient shall refuse to receive the dossier and make a written refusal to receive the dossier, clearly stating the reason for the refusal and signing the document. recipient’s name then.
Where verification required, the time limit may extended to no more than 5 working days.
In the event of a dispute, it will carry out according to the procedures specified in the Civil Procedure Code. Accordingly, the person who requests to identify the parents and children requests to go to the Court and attach documents to prove his/her request for the Court to consider and settle according to regulations then.
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Related questions
In case there is no legal marriage in the box, the basis for determining the parent-child relationship will be based on:
– Firstly, Based on the time of conception, the time of pregnancy, and the time of giving birth
– Secondly, Based on the length of time the two parties have sex
– Thirdly, Based on the actual parent-child relationship.
In case a child is born by the scientific method, the basis for the determination is:
– Firstly, Based on the marriage period of the infertile couple
– Secondly, Based on the voluntariness of an infertile couple or a single woman, an oocyte donor and recipient, sperm donor and recipient, and embryo donation and recipient
– Thirdly, Based on the birth event.
According to Article 15 of the Law on Civil Status 2014 stipulating the responsibility of birth registration; within 60 days from the date of birth, the parent is responsible for registering the birth of the child; father case; If the mother cannot register the birth of her child, then he or she will; or other relatives or individuals or organizations that are raising children are responsible for registering births for children. Therefore, birth registration for children is a mandatory job and must be done in accordance with the law on registration time.
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