HOW TO GET A BIRTH CERTIFICATE WITH THE FATHER'S NAME WHEN PARENTS ARE NOT LEGALLY MARRIED?

In modern society, not every child is born into a legally registered marriage. Some relationships stem from mutual affection but are not yet—or choose not to be—bound by legal procedures, and from these unions, children are still born as an inevitable reality of life. However, this very circumstance poses numerous legal challenges, particularly regarding birth registration and the full identification of the child's father or mother. Whether a name is recorded or left blank on a birth certificate is not merely an administrative formality; it holds profound significance for an individual's personal rights and entails other legal relationships throughout their life.

With the principle of maximally protecting the legitimate rights and interests of children, Vietnamese law affirms that every child born has the right to birth registration and to have their father and mother identified. However, between principle regulations and practical application, there are certain conditions and procedures. Specifically, in cases where the parents do not register their marriage, recording the father's name on the birth certificate cannot be done automatically, but requires clear legal grounds to prove the blood relationship.

1. Principles of determining the father for a child

Under current Vietnamese law, the father-child relationship is established based on bloodlines and personal rights, regardless of whether a legal marital relationship exists between the father and mother. In other words, an unmarried man and woman do not create or terminate the rights and obligations between father and child; at the same time, every child born has the right to birth registration and to have their father and mother identified according to the law. These are fundamental, foundational rights recognized to ensure the best interests of the child both legally and socially.

However, it must be noted that in cases where the parents are not legally married, the determination of the father-child relationship is not automatically recorded by the civil registration authority. Unlike children born during a legal marriage, for children born out of wedlock, the civil registration authority can only record the father's information on the birth certificate when there are sufficient legal grounds proving the blood relationship.

According to the provisions of Clause 2, Article 15 of Decree No. 123/2015, if the father cannot be identified, the father's information section on the child's Birth Certificate will be left blank. Information regarding the child's Last name (First name), ethnicity, place of origin, and nationality will be determined based on the mother's information.

Therefore, to determine the father for a child in cases where the parents are not legally married, the procedure for father-child recognition shall be carried out according to the law. This stems from the requirement to ensure the accuracy and objectivity of civil status data, while preventing future legal disputes regarding the rights and obligations of the parties.

2. Processes and procedures for father-child recognition:

2.1. Implementation process:

Step 1: Prepare a complete dossier and submit it to the competent People's Committee of the commune/ward for resolution

When registering for father-child recognition, the parties must be present at the People's Committee to submit the dossier.

Step 2: Justice - civil status civil servants receive and check the dossier

If the dossier is complete: Proceed with resolution according to regulations.

If the dossier is incomplete or has errors: The People's Committee will guide the applicant to adjust, amend, and supplement.

Step 3:

The justice - civil status civil servant will verify and authenticate (if any) within 3 to 5 working days. If the dossier is found to be valid and there are no disputes, the justice - civil status civil servant will perform the following tasks:

Step 4: Issue the results to the person requesting the procedure.

2.2. Preparation of dossiers and documents:

To carry out the procedure for mutual father-child recognition, you need to prepare all the following documents and materials:

Note: If the child does not have a Birth Certificate yet, at the time of making the birth certificate, the father can combine the birth registration procedure with the father-child recognition procedure to have them processed simultaneously.

Recognizing the father for a child is not only a basic personal right protected by law but also the basis for fully establishing the rights and obligations among father, mother, and child in accordance with Vietnamese law. Through this procedure, the child is guaranteed the right to name, nationality, child support, inheritance, and other legitimate rights. Additionally, the father concurrently fulfills his legal and moral responsibilities to his child.

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