Public opinion is buzzing about the story of Mr. Nh (in Dien An ward, Dien Ban town, Quang Nam) who received news that both his old and new girlfriends were pregnant. After that, he held a wedding ceremony with Ms. D (his new girlfriend, in Vinh Dien ward, Dien Ban) and brought her to live together.
However, 3 weeks later, Mr. Nh continued to hold a wedding ceremony with Ms. L (his ex-girlfriend, in Dien Hoa commune, Dien Ban). After discovering that Mr. Nh married both wives, Ms. D took her child and returned to her mother's house to live.
Not recognized by law as legal husband and wife
Speaking with Lao Dong, Lawyer Nguyen Thanh Tan - Quang Nam Bar Association - said that Article 2 of the 2014 Law on Marriage and Family only allows one man and one woman to marry according to the principle of monogamy.
If a person has a marital relationship with two people at the same time, it is a violation of the law and can be administratively fined from 3 to 5 million VND, or criminally prosecuted with a prison sentence of up to 3 years (in case of serious consequences) according to Article 182 of the 2015 Penal Code.
A legally recognized marriage is a relationship established between a man and a woman and must comply with the provisions on marriage conditions and must be registered at a competent marriage registration office.
Regarding the case of the two-wife wedding in Dien Ban, the local authorities where Mr. Nh, Ms. D and Ms. L registered their permanent residence confirmed that none of the three people had registered their marriage.
"Mr. Nh - the main character in the story of marrying two wives at the same time, does not work in a Party, mass organization, or State agency, is not a Party member, and is currently only self-employed" - Chairman of Dien An Ward Nguyen Van Phuoc said.
“Holding a wedding ceremony with two women without registering their marriage does not violate the law, because the law does not recognize a marriage relationship without a marriage registration.
However, living with two women at the same time is against social ethics and can cause many psychological and social consequences as well as legal responsibilities related to children" - Lawyer Tan stated his opinion.
Must be responsible for raising children even if not married
According to Lawyer Tan, current law does not have any regulations on penalties for having children before registering for marriage.
Regarding the birth registration of Mr. Nh's children with his two girlfriends, Lawyer Tan said that according to the provisions of the Civil Code, the Law on Civil Status and the guiding documents for implementation, every child born has the right to have their birth registered, regardless of whether the parents are registered for marriage or not, or whether the parents can be identified or not...
Regarding the birth registration procedure, when a child is born, the file must include a marriage certificate so that the child has both a father and a mother. In case there is no marriage certificate, the father's name or the mother's name can be used.
In addition, whether or not the child's parents are married, parents still have the obligation to love and support their children and cannot transfer this obligation to anyone else.
"This means that Mr. Nh must fulfill the child support obligation with both Ms. D and Ms. L, even if he is not married to them, according to the provisions of Article 107 of the Law on Marriage and Family" - Lawyer Tan quoted.
“Although the law does not have any sanctions for a person marrying two wives at the same time without registering the marriage, this is against the morality and customs of the nation and is strongly condemned. Legal regulations can also be adjusted based on public opinion,” a leader of the Department of Culture, Sports and Tourism of Quang Nam shared.
