Identification of parents and children involving foreign elements in Vietnam

I am an overseas Vietnamese (Viet Kieu). I married to a Vietnamese citizen but then we divorced. My ex-wife became pregnant while we were married but gave birth to the child within 9 months after my divorce, does the law assume that I am the father ? How do I prove that I am the father of the child ?  What if my ex-wife does not agree that I am a parent ? Can I ask a court in Vietnam for an order that recognizes I am a parent ?

DMS Law firm in Danang, Vietnam advises about identification of parents and children under the law of Vietnam ?

Identification of parents:

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

A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.

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

When a parent does not recognize a child, he/she must have evidence and such non-recognition must be determined by a court.

Identification of children:

A person who is not recognized as the parent of a person may request a court to identify that the latter is his/her child.

A person who is recognized as the parent of a person may request a court to identify that the latter is not his/her child.

Identification of parents and children involving foreign elements:

Vietnamese civil status registration agencies are competent to settle the identification of parents and children without any disputes between Vietnamese citizens and foreigners or between Vietnamese citizens where at least one of whom resides abroad, or between foreigners where at least of one of whom permanently resides in Vietnam in accordance with the law on civil status.

Competent Vietnamese courts shall settle the identification of parents and children involving foreign elements in the cases prescribed in Clause 2 of Article 88, Articles 89, Article 90, Clauses 1 and 5 of Article 97, Clauses 3 and 5 of Article 98, and Article 99 of the this Law; and other cases involving disputes./.

Legal bases:

Articles 88, 89 and 128 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014.

Related topics:

Common property of husband and wife during the marriage period

Time limit for divorce involving foreign elements in Vietnam

Property division between husband and wife upon divorce in Vietnam

Contact us:

Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son