Procedures for making a birth certificate when father is Indian in Vietnam

by DungTran

Procedures for making a birth certificate when father is Indian in Vietnam. Time limit for processing the recognition of father, mother, and child. Let us learn about this topic with LSX Law firm below:

Situation:

– My husband has Indian nationality, currently residing and working in Singapore

– I have Vietnamese nationality, permanent residence in Nam Dinh Province

– We are not in a marrying relationship. My child was born in Vietnam. I want to register the birth of a child who has Vietnamese nationality and has both parents’ names on the birth certificate. So what is the procedures for making a birth certificate when father is Indian in Vietnam, and which agency has the authority to do it?

Procedures for making a birth certificate when father is Indian in Vietnam?

In the above case, because the two of you have not registered your marriage; this child will be an illegitimate child. However, registering the birth of an illegitimate child is the same as registering the birth of a child in wedlock if both parents acknowledge the child; Of course, the child’s birth certificate has both parents’ names listed. Within 60 days from the date of birth, the father or mother (or grandparent) must register the child’s birth. 

Authority to register the birth when father is Indian in Vietnam

Firstly, the birth registration for children born in Vietnam, whose parents are foreigners, shall be at the Department of Justice; where the father or mother resides, if they so request.

Secondly, the birth registration for children born in Vietnam; whose parents are foreigners, and the other is Vietnamese citizens residing abroad, shall be at the Department of Justice, where the mother’s residence.

Finally, the birth registration for children born in Vietnam; whose parents are foreigners and the other is a Vietnamese citizen residing in Vietnam; shall be at the Department of Justice, the residence of the mother or father who is a Vietnamese citizen.

Thus, if she gives birth in Vietnam, she can go to the Department of Justice where she resides to register the birth of her child. 

Procedures for making a birth certificate when father is Indian in Vietnam

The application for birth registration shall be made in 1 set, including:

Firstly, the original Birth Certificate issued by the medical facility; where the child was born or a replacement document for the Birth Certificate. In case a child is born outside a medical facility; a written certification of a witness shall replace the birth certificate.

In case there is no witness, the person who registers the birth must make a written commitment that the birth is actual.

Furthermore, the agreement of the child’s father and mother; on the choice of nationality if the father or mother chooses a foreign nationality for the child. The written agreement must be certified by the competent state agency of the country of which the foreigner is a citizen that the choice of nationality for the child is under the law of that country (consular legalized and translated into Vietnamese).

Besides, Documents to be presented (Copies with originals for comparison or certified copies of the following papers):

Firstly, the marriage certificate of the parents (if the child’s father and mother have registered their marriage); Identity card or Passport;

In addition, the household registration book or the temporary residence registration book (for Vietnamese citizens in the country);

Moreover, Permanent residence card, temporary residence card, or temporary residence certificate (for foreigners residing in Vietnam)

In addition, an Authorization letter for childbirth or documents proving personal relationship (in case of authorization).

Furthermore, a copy of the Birth Certificate is issued at the person’s request making the birth. In case verification is required, the above time limit may be extended by no more than 3 days. 

Have a birth certificate with both parents’ names on it

Because you have not yet registered your marriage; your child will be illegitimate when you give birth in order for the birth certificate to include both the father’s name and the mother’s name; when registering the child’s birth at the Department of Justice where your residence; you can always combine with the procedure to adopt children for her boyfriend.

Under Clause 1, Article 32, Decree 126/2014/ND-CP Guiding the implementation of the Law on Marriage and Family; a dossier for recognition of father, mother, and child includes the following papers:

a) A declaration of registration for recognition of father, mother, and child, made according to the prescribed form;

b) A copy of one of the documents to prove identities, such as the Identity Card or Passport (for Vietnamese citizens residing in the country); Passport or a substitute document such as Passport or Residence Card (for foreigners, Vietnamese citizens residing abroad);

c) A copy of the birth certificate of the person receiving the child in the case of child adoption; of the recipient’s father or mother in case of an application for recognition of the father or mother;

d) Papers or other evidence proving the father, child or mother, child relationship;

dd) A copy of the household registration book or temporary residence book; (for Vietnamese citizens residing in the country), copy of the permanent residence card (for foreigners permanently residing in Vietnam) of the person recognized as the father or mother. , child.

Notably, For documents made, issued; or certified by a foreign competent authority in a foreign language, they must be consular legalized, translated into Vietnamese; and authenticated by the translator’s signature under legal regulations.

Time limit for processing the recognition of father, mother, and child

No more than 25 days from the date the Department of Justice receives all valid dossiers and fees. If verification is required, the above time limit may be extended by no more than 10 working days.

After completing the procedures to receive the child, the Department of Justice will register your child’s birth under the law. When you submit your application at the Department of Justice; if you still have any questions, you have the right to ask the staff there to explain and guide you on the procedures; and papers you need to do to make the give the birth declaration; as well as carry out procedures to adopt children for your children. 

Finally, hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions

What is an illegitimate child?

There is no legal definition of what an illegitimate child is. However, in common sense, an illegitimate child is a child born during a legal marriage.

What is a birth certificate?

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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