Currently, there are many cases where a child is born and for various reasons, when registering the birth, the Birth Certificate only records the mother’s information and lacks information about the father. So, in the future, if there is a desire to supplement the father’s information on the Birth Certificate, can it be done? How are the procedures for adding the father’s name to a child’s Birth Certificate regulated? Readers can refer to the article below:

1. Can the father’s name be added to the birth certificate when marriage has not been registered?

According to the provisions of Article 8 of the Law on Marriage and Family 2014, the determination of father and mother is specifically as follows: “Article 88. Determination of father and mother

1. A child born during the marriage period or conceived by the wife during the marriage period is the common child of the husband and wife.

A child born within 300 days from the time of termination of the marriage is considered to be a child conceived by the wife during the marriage period.

A child born before the date of marriage registration and recognized by the parents is the common child of the husband and wife.

2. In cases where the father or mother does not recognize the child, there must be evidence and it must be determined by the Court.”

Accordingly, a child born before the husband and wife register their marriage, if recognized by the parents, will be considered the common child of the husband and wife. Therefore, there are full grounds to request the competent authority to allow the implementation of procedures to add the father’s name to the child’s birth certificate when the husband and wife have not registered their marriage.

Clause 2, Article 16 of Circular No. 04/2020/TT-BTP stipulates: “Article 16. Registration of recognition of father, mother, child, and civil status supplementation in some special cases.

In cases where a child is born before the time of marriage registration, has been registered for birth but has no information about the father, and now the husband and wife have a written document recognizing the child as a common child, they do not have to perform the procedure for recognizing the father and child but perform the procedure for civil status supplementation to record the supplementary information about the father in the birth registration book and the child’s birth certificate.”

As such, for a child born before marriage registration with a written document recognizing the common child, the requester only needs to perform the civil status supplementation procedure to record information about the father in the birth registration book and the birth certificate for the child.

In cases where there is no written document recognizing the common child. Before performing the civil status supplementation procedure, the father can perform the procedure to register the recognition of the father and child. Or if a dispute arises, initiate a lawsuit at the competent Court to request confirmation of the father-child relationship.

Luật Kim Bảng supports father-child recognition procedures in these cases:

• Procedures for recognizing father and child when marriage has not been registered;
• Procedures for recognizing father and child to make a birth certificate;
• Procedures for recognizing an illegitimate father and child;
• Procedures for recognizing father and child at Court.

2. What documents are needed to add the father’s name to the birth certificate?

Adding the father’s name to the child’s birth certificate in cases where the procedure for registering father-child recognition is not required.

This case only requires proceeding with the civil status supplementation procedure on the child’s birth certificate. The documents to be prepared include:

• Declaration for registration of civil status information supplementation;
• Documents as a basis for civil status information supplementation (written document recognizing the common child);
• Passport/Identity Card/Citizen Identity Card or other valid documents to prove the identity of the requester;
• Written authorization according to legal regulations in case of authorizing another person to perform the procedure.

Cases where the procedure for registering father-child recognition must be performed before adding the father’s name.

To perform the procedure for registering father-child recognition, there must be evidence to prove the father-child relationship. Circular 04/2020/TT-BTP stipulates evidence to prove the father, mother, and child relationship as follows:

Article 14. Evidence to prove father, mother, and child relationship

Evidence to prove the father, mother, and child relationship according to the provisions of Clause 1 Article 25 and Clause 1 Article 44 of the Law on Civil Status includes one of the following papers and documents:

1. Documents from a medical agency, forensic agency, or other competent agency or organization in the country or abroad confirming the father-child relationship or mother-child relationship.
2. In cases where there is no evidence to prove the father, mother, and child relationship according to the provisions of Clause 1 of this Article, the parties recognizing the father, mother, and child shall make a written undertaking about the father, mother, and child relationship according to the provisions of Article 5 of this Circular, with at least two witnesses to the father, mother, and child relationship.

In addition to the evidence proving the father-child relationship as above. The person requesting to add the father’s name to the Birth Certificate when performing at the People’s Committee shall submit the following documents:

• Birth notification;
• Original Birth Certificate of the person needing civil status supplementation;
• Identity documents.

3. Where to add the father’s name to the child’s birth certificate?

Competence to supplement the father’s name to the birth certificate for Vietnamese citizens residing in the country.

Based on the provisions of Point b Clause 1 Article 7 of the Law on Civil Status 2014: “Article 7: Competence for civil status registration

1. The Commune-level People’s Committee registers civil status in the following cases:

b) Register changes and corrections of civil status for persons under 14 years old; supplement civil status information for Vietnamese citizens residing in the country”.

Accordingly, for Vietnamese citizens residing in the country. The competence for civil status supplementation belongs to the Commune-level People’s Committee where the civil status was previously registered or the Commune-level People’s Committee where the requester resides.

Competence to supplement the father’s name to the birth certificate of a child with foreign elements.

In cases where a foreigner previously registered birth at a competent Vietnamese agency, the competence for civil status supplementation belongs to the District-level People’s Committee where the civil status was previously registered or the District-level People’s Committee where that person resides.

For cases where a Vietnamese person is currently settled abroad. The competence for civil status supplementation belongs to the District-level People’s Committee where the civil status was previously registered.

Vietnamese citizens residing abroad can perform the civil status supplementation at the Representative Office of Vietnam in that country. If this registration is not contrary to the laws of the receiving country and not contrary to international treaties to which Vietnam is a member.

4. Procedures for adding the father’s name to the birth certificate.

Procedures for registering recognition of father, mother, and child.

Procedures for registering recognition of father, mother, and child at the civil status agency.

Step 1: Prepare the dossier including:

• Declaration for registration of father-child recognition;
• Documents and evidence proving the biological father-child relationship;
• Identity documents.

Step 2: Submit the dossier at the Civil Status Registration Agency in one of the following forms:

• Submit directly at the agency;
• Submit the dossier by post;
• Submit the dossier online.

Step 3: Receive results and register for a copy. After submitting the full dossier, the requester will be handed over the minutes of handover of documents along with the time to return the result. The copy is used as a document to prove the father-child relationship when performing the civil status supplementation procedure.

Procedures for recognizing father and child at the People’s Court.

Step 1: Prepare the dossier including.

• Petition for determination of father for the child;
• Citizen Identity Card, household registration/confirmation of residence information of the father and mother;
• Child’s birth certificate;
• Documents and papers proving the father-mother-child relationship.

Step 2: Submit the dossier.

After preparing the full dossier as Luật Kim Bảng has guided above. The requester can choose the form of submitting the dossier directly at the Court, submitting via postal services, or submitting online on the Court’s electronic information portal system.

Step 3: The Court considers accepting and resolving.

The Court proceeds to review the dossier. The time to review the dossier requesting determination of the father-child relationship is 8 working days. In case the dossier is complete and valid. The Court proceeds with the procedure to accept the case and resolve it according to regulations.

After the dossier is accepted, the Court will perform the mediation procedure. In case mediation is unsuccessful, the Court will bring the case to trial.

Step 4: The Court resolves the request for determination of father and child.

If the father and mother agree on recognizing the common child. The Court issues a decision recognizing the agreement of the parties. In case they cannot agree and recognize the common child. The Court trials the case and issues a judgment according to the provisions of law.

Step 5: Receive results.

After there is a legally effective judgment or decision from the Court. The father and mother can go to the People’s Committee to perform procedures for registration and change of civil status information on the child’s birth certificate. The procedure for recognizing father and child at the Civil Status Agency under the People’s Committee.

Procedures for civil status supplementation to add the father’s name to the birth certificate.

Step 1: Prepare the dossier:

The dossier for performing the civil status information supplementation procedure includes:

• Declaration for registration of change, correction, supplementation of civil status, and re-determination of ethnicity according to the form;
• Birth Certificate of the person needing civil status supplementation;
• Written document recognizing the common child of the couple if it belongs to the case of civil status supplementation for a child born to the wife before marriage registration or born when the father and mother lived together as husband and wife but did not register marriage;
• Confirmation documents from medical agencies, forensic agencies, or other competent agencies in the country or abroad regarding the confirmation of the father-child relationship (if any);
• Evidence and proofs proving the father-child relationship (if any);
• Personal identification papers of the person requesting civil status supplementation registration.

Step 2: Submit the dossier.

The requester prepares the full dossier as Luật Kim Bảng has guided above. Then, proceed to submit the dossier at the People’s Committee where the child’s birth was previously registered or the People’s Committee of the child’s place of residence.

Step 3: Resolve the dossier.

In case the dossier is valid, the judicial-civil status official reports to the Chairman of the People’s Committee for opinions. If the dossier is incomplete or not perfected, instruct the submitter to supplement and perfect it according to regulations.

The civil status officer proceeds to record the supplementary content and, together with the requester, signs the Civil Status Book. Record the supplementary content about the father in the corresponding section and stamp the supplementary content on the original Birth Certificate of the child that has been issued.

Step 4: Return results.

The competent authority returns the result which is the original Birth Certificate supplemented with information about the father and the Extract of civil status supplementation to the requester on the scheduled date on the result appointment paper.

Procedures for adding the father’s name to the birth certificate with foreign elements.

For cases of supplementing the father’s name to the birth certificate of a child with foreign elements. The requester performs the procedures:

• Procedure for registering recognition of father and child;
• Procedure for civil status information supplementation.

Procedure for registering recognition of father and child with foreign elements at the District-level People’s Committee.

The competent authority to perform the procedure for registering recognition of father and child with foreign elements primarily belongs to the District-level People’s Committee of the place of residence and is performed as follows:

Dossier for performing the procedure for recognizing father and child with foreign elements.

• Declaration for registration of father-child recognition (according to the prescribed form);
• Evidence proving the father-child relationship: DNA test conclusion. Written undertaking of the father, mother, and child about the father, mother, and child relationship. At the same time, there must be at least 2 witnesses (In cases where there is no medical agency’s testing document);
• Personal documents of the requester: Passport/Citizen Identity Card/Identity Card, etc.;
• Birth extract of the child.

Note:

Hồ sơ, giấy tờ của cơ quan có thẩm quyền nước ngoài cấp, công chứng hoặc xác nhận để sử dụng cho việc đăng ký hộ tịch tại Việt Nam phải được hợp pháp hóa lãnh sự;

Documents in foreign languages must be translated and notarized or have signatures certified according to regulations.

Procedures for recognizing father and child with foreign elements.

Step 1: The requester prepares the full dossier as Luật Kim Bảng has guided above.

Step 2: Submit the dossier for registration of father-child recognition at the Public Administration Center under the competent District-level People’s Committee.

Step 3: The competent authority receives the valid dossier. In case it is incomplete or invalid, instruct on supplementation and amendment.

Step 4: Within 15 days from the date of receipt of a complete and valid dossier. The civil status official verifies and posts the recognition of the father and child for 07 consecutive days at the headquarters of the District-level People’s Committee. At the same time, post at the Commune-level People’s Committee for 07 consecutive days.

Step 5: If the confirmation of the father and child is correct and there is no dispute. The competent authority issues an Extract of registration of father-child recognition to the requester.

Procedures for civil status information supplementation to add the father’s name to the birth certificate.

After completing the procedure for registering father-child recognition at the District-level People’s Committee. The requester performs the procedure for civil status information supplementation at the Commune-level People’s Committee where the child’s birth was registered. The procedure for adding the father’s name to the child’s Birth Certificate is performed as instructed above.

Time to add the father’s name to the child’s birth certificate.

In cases of civil status information supplementation, the resolution of the procedure is performed immediately within the working day. If the dossier is submitted after 3:00 PM, the result can be returned on the next working day.

In cases where the procedure for registering recognition of father, mother, and child must be performed, the implementation time for the procedure is extended as follows:

If there is no dispute, the procedure is performed at the civil status agency. Depending on each case, the resolution time is from 03-07 working days. In cases where verification is required, it can be extended from 7-15 working days.

If there is a dispute and a lawsuit is initiated requesting confirmation of father and child at the Court. The implementation time can be extended from 04 to 06 months. Or it can be extended for a year or more depending on the nature and complexity of the case.

Lawyer services for performing father-child recognition procedures.

In case of needing advice on procedures for confirming father and mother for the child or procedures for adding the father’s name to the child’s birth certificate. Luật Kim Bảng is ready to advise and support you and perform tasks including:

• Advising on legal regulations on procedures for recognizing father and mother for the child;
• Advising on legal regulations on procedures for adding the father’s name to the child’s birth certificate;
• Supporting the drafting of written requests for confirmation of father and mother for the child;
• Supporting the drafting of written documents recognizing the common child of the husband and wife;
• Supporting the collection of missing documents;
• Instructions on proving blood relationship;
• Advising and guiding the preparation of full dossiers to perform procedures at competent agencies;
• Accompanying clients during the process of resolving the case.

Contact Luật Kim Bảng services.

Above is our article on “Adding the father’s name to the child’s birth certificate”. If you still have questions about the procedure for supplementing the father’s name to the birth certificate. Please contact us via the following methods for advice:

• Contact directly via phone number 034.540.6523 (Zalo);
• Contact via email: luatkimbang@gmail.com;
• Contact via facebook: Luật Kim Bảng – KBLaw.