Reader T.V. D (in Hai Phong) asked: "In 2022, I lived with Ms. A. At that time, Ms. A said that she had divorced her husband and the two had no children together. After a while, I learned that Ms. A was only separated and not yet divorced.
Angry, thinking Ms. A was deceiving, I moved to another place, no longer contacting her. Ms. A contacted me several times, but because I was still angry, I didn't answer the phone. After that, I blocked the phone number, and since then, the two sides have not contacted each other.
In 2024, I accidentally met a close friend of Ms. A again and learned that when I moved out, Ms. A discovered she was pregnant. After that, Ms. A gave birth to a baby boy named M. At this time, Ms. A had divorced her ex-husband, but when she went to register her birth at the Commune People's Committee, Ms. A still declared that her ex-husband was M's father. Ms. A's ex-husband himself also did not know about this birth registration because since separating, the two sides have not come to see each other.
Immediately after knowing about the incident, I went to apologize to Ms. A and asked to be responsible to both mother and child. Ms. A also wanted her child to have a full family, so she agreed to forgive everything. I went for a DNA test to prove that I am the father of child M. At the same time, I also contacted Ms. A's ex-husband to confirm the incident. Currently, all parties have agreed that I am the father of child M. We have no disputes about this matter, and all want to re-register the birth certificate for my son.
Now I want to carry out procedures to register to receive a son, what should I do? I would like to ask a lawyer for advice.
Regarding the legal issue you asked, Lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:
Article 15 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulates: "The rights and obligations between men and women living together as husband and wife and children are resolved according to the provisions of this Law on the rights and obligations of parents and children.
Clause 2, Article 68 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulates: Children born regardless of their parents' marital status have equal rights and obligations to their parents as stipulated in this Law, the Civil Code and other relevant laws.
Thus, even if a man and a woman live together as husband and wife without registering their marriage, they will not generate rights and obligations between husband and wife, but having children, the two people still have the rights and obligations of father, mother and children as in the case of children of husband and wife who are registered for marriage.
According to Clause 1, Article 88 of the Law on Marriage and Family 2014, amended and supplemented in 2025, it is stipulated: Children born before the date of marriage registration and recognized by parents as common children of husband and wife.
Article 101 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulates the authority to resolve the determination of father, mother, and child as follows:
1. The civil status registration agency has the authority to determine father, mother, and child according to the provisions of the law on civil status in cases where there is no dispute.
2. The competent court resolves the determination of father, mother, and child in cases of dispute or the person requested to be identified as a deceased father, mother, and child and cases specified in Article 92 of this Law.
According to the above regulations, because the parties have no disputes, you can submit a dossier to register for paternity recognition at the civil status registration agency. Specifically, here is the commune-level People's Committee where the recipient or recipient who is a father or son resides to register for paternity recognition.
To request registration for recognition of fathers, mothers, and children, you submit a declaration according to the prescribed form. At the same time, provide evidence proving the father-child relationship (including: Documents from health agencies, appraisal agencies or other competent agencies confirming the father-child relationship, mother-child relationship. In case there is no above-mentioned document, there must be a written commitment from the parties recognizing fathers, mothers, and children about the father-child relationship and at least two witnesses about the father-child relationship) to the civil status registration agency.
Within 03 working days from the date of receiving all documents as prescribed in Clause 1 of this Article, if it is found that the recognition of fathers, mothers, and children is correct and there is no dispute, the justice - civil status official shall record it in the Civil Status Book, together with the person registering for recognition of fathers, mothers, and children, sign the Civil Status Book and report to the Chairman of the People's Committee of the commune level to issue a extract to the requester.
In case verification is required, the deadline is extended by no more than 05 working days.
The above is the advice of the lawyer. Hopefully, it will help you have a basis to resolve your problems and ensure the rights of your son.
