Procedures for accepting father and son with foreign elements. Regulations on procedures to receive paternity with foreign elements. Authority and time limit for settlement. Let us learn about this topic with LSX Law firm below:
I am currently pregnant; my boyfriend, as well as the baby’s father, is an American. We have not yet prepared the documents for marriage registration because I will give birth in mid or late August. Can we make a birth certificate for my grandchild before marriage registration? Moreover, how to put the father’s name on the child’s birth certificate?
Procedures for accepting father and son with foreign elements
Civil Status Law 2014;
Circular No. 15/2015/TT-BTP guiding the Law on civil status, and Decree 123/2015/ND-CP guiding the Law on civil status
Regulations on procedures to accepting father and son with foreign elements
Typically, suppose a child is born during the marriage of husband and wife. In that case, the child’s birth certificate will be filled with both the father’s information and the mother’s information. Because the two of you did not register your marriage, you need to carry out a procedure to identify the father and son before adding the father’s information on the birth certificate. The identification of parent and child is guided as follows:
Clause 3, Article 15 of Decree No. 123/2015/ND-CP
Has the following instructions:
3. In the case at the time of birth registration, the father requests to carry out the procedures for child recognition as prescribed in Clause 1, Article 25 of the Law on Civil Status, the People’s Committee shall jointly handle the child recognition and birth registration; Contents of birth registration shall be determined according to the provisions of Clause 1, Article 4 of this Decree.
Thus, the registration of father and child recognition will be handled simultaneously as the birth registration procedure. To carry out the recognition of father and son, according to the provisions of Article 44 of the Law on Civil Status, you need to prepare the following documents:
Firstly, Registration form for parents and children (you can download it here: /bieu-mau-luat-hon-nhan/mau-to-khai-dang-ky-nhan-cha-me-con-moi-nhat .aspx);
Secondly, Proof of paternity, such as:
1. A document of a medical agency, assessment agency, or other competent agency in the country or abroad confirming the paternity and mother-child relationship.
2. If there is no document as prescribed in Clause 1 of this Article, there must be letters, movies, tapes, discs, utensils, and other objects proving the father-son relationship, mother-child relationship, and a written commitment. The parents’ conviction that the child is the ordinary child of two people, with at least two relatives of the father and mother as witnesses.
(Article 11 Circular No. 15/2015/TT-BTP)
Finally, Copy of passport or valid document instead of a passport to prove identity.
Authority and time limit for settlement to accepting father and son with foreign elements
Agencies competent to handle the registration of recognition of parents and children with foreign elements:
According to the provisions of Article 43 of the Law on Civil Status, the competence to handle the registration of recognition of parents and children is the district-level People’s Committee of the place where the person recognized as a father, mother or child resides. Child. Suppose you carry out the procedure to recognize the father and son in Vietnam. In that case, you will apply to the People’s Committee of the district where the child is residing to settle the recognition of the father and son and at the same time carry out the procedures for registration of birth with foreign elements. Outside forever.
Regarding the settlement time, the time to process the procedures will be from 15 to 30 days, specifically, Clause 2, Article 44 stipulates:
2. Within 15 days from the date of receipt of complete documents as prescribed in Clause 1 of this Article, civil status officers shall verify and post up the recognition of parents and children at the offices of the People’s Committees. The district within 07 consecutive days, and at the same time send a written request to the commune-level People’s Committee of the place of permanent residence of the person recognized as a parent or child to post up for 07 consecutive days at the headquarters of the People’s Committee of the district.
Finally, hope this article about the procedures for birth registration for children with dual citizenship is helpful for you!
Individuals have the right to request the competent state agency to recognize the change of name and surname in the cases specified in the Civil Code 2015
1. The change of family name, middle name or first name for a person under 18 years old as prescribed in Clause 1, Article 26 of the Law on Civil Status must be agreed by his/her father or mother and clearly stated in the declaration; For persons aged full 9 years or older, the consent of that person is also required.
2. Civil status correction according to the provisions of the Law on Civil Status means the correction of personal information in the civil status book or in the original civil status papers and is done only when there are sufficient grounds to determine that there are errors caused by civil status books. the fault of civil status officials or persons requesting civil status registration.”