Recently, LSX legal firm has received a question: “I and my boyfriend have lived together for 3 years. During this time I realized we had many things in conflict. If we go into marriage, sooner or later we will break up. I’m 5 months pregnant but he still doesn’t consider getting married. So, I wonder if it is possible to have children together but not register for marriage. If I do not register my marriage, how do I get a birth certificate for my child later?”
In this article, LSX legal firm will answer the question: Can you have a child but not get married in Vietnam?
Legal ground
- VIETNAM MARRIAGE AND FAMILY LAW 2014
Legal provisions on divorce without marriage registration
The law defines a man and woman living together as husband and wife in Clause 7, Article 3 of the Law on Marriage and Family 2014 as follows:
“Cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.”
Besides, Article 53 of the Law on Marriage and Family 2014 stipulates divorce as follows:
“Article 53. Acceptance of divorce petitions
1. A court shall accept divorce petitions in accordance with the civil procedure law.
2. For a couple who has not registered their marriage but requests a divorce, the court shall accept the case and declare non-recognition of their spousal relationship under Clause 1, Article 14 of this Law; and shall settle any children- or property-related requests according to Articles 15 and 16 of this Law.”
According to the regulations, living together as husband and wife without marriage registration does not create rights and obligations between husband and wife. At that time, property and children will be settled according to the above provisions.
Custody of children in case of divorce without marriage registration
Article 81 of the Law on Marriage and Family 2014:
“Article 81. Looking after, caring for, raising, and educating children after divorce
1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code, and other relevant laws.
2. Husband and wife shall reach an agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach an agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.”
So, child custody will basically based on the following grounds:
- Agreement of the parties:
- The court recognizes the agreement of the parties base on ensuring the rights of women and children.
Can you have a child but not get married?
According to the provisions of the Law on Marriage and Family (HN-GD) 2014, the law does not recognize a man and a woman living together as husband and wife without marriage registration. However, the law will recognize the child. The Law on Marriage and Family also stipulates that children outside marriage and children during a marriage are treated equally. If your child has a birth certificate with the parents’ full names on it (or recognized by the parents), then both parents have equal rights in the education, care, and upbringing of their children.
In case the marriage is not registered but there is a dispute over child-rearing, it will still be resolved according to the provisions of the Law on Marriage and Family. According to Clause 2, Article 84 of the Law on Marriage and Family, husband and wife agree on who directly raises children, obligations, and rights of each party.
Can I get a birth certificate if I do not register my marriage?
Under the 2014 Civil Status Law; Decree 123/2015/ND-CP and Circular 04/2020/TT-BTP, in case of birth registration for an illegitimate child, if the father cannot identified, the record about the father in the registration book Birth certificate and Birth Certificate will left blank. Accordingly, the child will have the mother’s last name.
However, at the time of birth registration, the father comes to carry out the procedures for father-child recognition; then the commune-level People’s Committee will combine the child recognition and birth registration. Clause 1, Article 15 of Circular 04/2020/TT-BTP, the birth registration for the child and the recognition of the father and child can be handled at the same time.
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Related articles
- Procedures to consular legalize marriage certificate in Vietnam
- Consular legalization of marriage certificate in Vietnam
- The principle of voluntary and progressive marriage according to the provisions of Vietnamese law
Related questions
Persons who request marriage registration shall submit dossiers to commune-level People’s Committees
1. A step parent has the rights and obligations to look after, raise, care for and educate stepchildren who live with him or her according to Articles 69, 71 and 72 of the Law on Family and Marriage.
2. A stepchild has the rights and obligations to care for and support his/her step parent who lives with him or her according to Articles 70 and 71 of the Law on Family and Marriage.
In case a daughter- or son-in-law lives with her/his parents-in-law, all parties have the rights and obligations to respect, attend to, care for, and assist one another according to Articles 69, 70, 71 and 72 of the Law on Family and Marriage.
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