CAN A SINGLE MOTHER GET A BIRTH CERTIFICATE FOR HER CHILD?

Table of contents:

1. Right to birth and death registration

2. Responsibility to register birth

3. Can a single mother get a birth certificate for her child?

1. Right to birth and death registration

According to Article 30 of the 2015 Civil Code, it is stipulated as follows:

“Article 30 Right to declaration of birth and death

1. When an individual is born, he or she has the right to have his or her birth declared.

2. When an individual dies, the death must be declared.

3. If a newborn child dies at twenty four (24) or more hours after birth, the birth must be declared and the death must be declared; if the child lives for under twenty four (24) hours, declaration of birth and declaration of death shall not be required, except where requested by the biological father or mother.

4. Birth declaration and death declaration are regulated by the law on civil status.”

According to the above regulations, children have the right to have their birth certificate made, regardless of their parents’ marital status.

2. Responsibility for birth registration

Pursuant to Clause 1, Article 15 of the 2014 Law on Civil Status, the responsibility for birth registration is stipulated as follows: “Within 60 days after the birth of their child, the father or mother shall register the child’s birth; if the parents are unable to register their child’s birth, the grandfather or grandmother or another relative or the individual or organization that is nurturing the child shall register his/her birth.”

The father or mother is responsible for registering the birth of the child within 60 days from the date of birth.

3. Can a single mother register the birth of her child?

Pursuant to Article 15 of Decree 123/2015/ND-CP detailing a number of articles and measures for implementing the Law on Civil Status:

“Article 15. Birth registration for children with unidentified parents

1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.

2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.

3. If at the time of birth registration, the father requests to carry out the procedures for acknowledging the child according to the provisions of Clause 1, Article 25 of the Law on Civil Status, the People’s Committee shall combine the settlement of the acknowledgment and birth registration; the content of the birth registration shall be determined according to the provisions of Clause 1, Article 4 of this Decree.

4. In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of this Article shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.

5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents” shall be specified in the vital records.”

Thus, according to the above provisions, single mothers are still allowed to register the birth of their children and the section on the father in the Family Register and the child’s Birth Certificate shall be left blank.