Regarding this issue, Article 15 of the 2014 Civil Status Law stipulates that, within 60 days from the date of birth, the father or mother is responsible for registering the child's birth; In case the father or mother cannot register the child's birth, the grandparent or other relative or individual or organization raising the child is responsible for registering the child's birth.
When registering a birth, the person requesting birth registration must submit and present documents as prescribed in Article 9 of Decree No. 123/2015/ND-CP dated November 15, 11, including:
Declaration according to the prescribed form and birth certificate to the civil registration agency. In case there is no birth certificate, submit a document from a witness confirming the birth; If there is no witness, there must be a written commitment to the birth; In case of birth registration for an abandoned child, there must be a record confirming the child's abandonment prepared by a competent authority; In case of birth registration for a child born through surrogacy, there must be a document proving the surrogacy according to the law.
Written agreement between parents on choosing nationality for the child (in case one parent or both parents are foreigners).
One of the identification documents to prove identity such as passport, citizen identification card or other document with photo and personal information issued by a competent authority, still valid, etc.
In case the child's parents have registered their marriage, they must also present a marriage certificate.
Thus, it can be seen that in case a child is born and the parents only live together without (yet) registering their marriage, the father or mother is still responsible for registering the child's birth. The person registering a birth must have a birth certificate to submit to the civil registration agency. Accordingly, only the mother's name can be identified on the child's birth certificate, but the father's name is left blank.
To record both parents on the child's birth certificate when living together but not (yet) married, based on Article 15 of Decree 123/2015/ND-CP regulations on birth registration for children whose father has not been identified. , mother as follows:
– In case the father has not been identified, when registering birth, the child's family, ethnicity, hometown, and nationality will be determined according to the mother's family name, ethnicity, hometown, and nationality; The father's section in the civil status book and birth certificate is left blank.
– If at the time of birth registration, the father requests to carry out procedures to receive the child, the People's Committee will combine the process of child recognition and birth registration; The content of birth registration is determined according to the provisions of Clause 1, Article 4 of this Decree.
Specifically, Clause 1, Article 25 of the 2014 Law on Civil Status stipulates the procedures for registration of father, mother, and child recognition as follows:
The person requesting registration of recognition of father, mother, or child shall submit a declaration according to the prescribed form and evidence proving the father-child or mother-child relationship to the civil status registration agency. When registering to recognize the father, mother, and children, all parties must be present.
Pursuant to Article 14 of Circular 04/2020/TT-BTP regulating evidence to prove the relationship between father, mother and child as follows:
1. Document from a medical agency, assessment agency or other competent agency or organization at home or abroad confirming the father-child relationship or mother-child relationship.
2. In case there is no evidence to prove the father, mother, and child relationship as prescribed in Clause 1 of this Article, the parties recognizing the father, mother, and child shall make a written commitment to the father, mother, and child relationship according to regulations. stipulated in Article 5 of this Circular, there are at least two witnesses about the relationship between father, mother and child.
Thus, it can be seen that, in case there are no DNA test or appraisal results, the parties admitting that the father, mother, and child must make a written commitment about this relationship and have at least two witnesses to respond correctly. enough regulations to be issued a birth certificate, DNA testing is not required.
Minh Hoa (th)
