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WHOSE LAST NAME WILL THE CHILD HAVE IF THE MARRIAGE HAS NOT BEEN REGISTERED?

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Table of Contents

  1. Overview of the Birth Certificate
  1. Whose last name will the child have if the marriage has not been registered?

  1. Case of acknowledging the father for the child?

1. Overview of the Birth Certificate
According to Clause 6, Article 4 of the 2014 Civil Registration Law, a birth certificate is defined as a document issued by a competent state authority to an individual when their birth is registered. The content of the birth certificate includes basic personal information as stipulated in Clause 1, Article 14 of this Civil Registration Law.

2. Whose last name will the child have if the marriage has not been registered?
According to Clause 1, Article 26 of the 2015 Civil Code, it is stipulated that:
“1. An individual has the right to have a last name and first name (including middle names, if any). The last name and first name of an individual are determined based on their birth certificate’s last name and first name.
2. An individual’s last name is determined by the father’s last name or the mother’s last name, according to an agreement between the parents; if there is no agreement, the child’s last name is determined according to custom. In the case where the father’s identity has not been determined, the child’s last name will be determined by the mother’s last name.”
Based on Clause 2, Article 15 of Decree 123/2015/ND-CP on the registration of births for children whose parents are not identified, it is stipulated as follows:
“Article 15. Registration of birth for children whose parents are not identified
2. In the case where the father’s identity has not been determined, when registering the birth, the child’s last name, ethnicity, place of origin, and nationality will be determined by the mother’s last name, ethnicity, place of origin, and nationality. The section about the father in the Family Registration Book and the child’s birth certificate will be left blank.”
Thus, when the parents do not have a marriage certificate, it will be considered a case where the father’s identity has not been established. Upon birth registration, the child’s last name, ethnicity, place of origin, and nationality will be determined based on the mother’s last name, ethnicity, place of origin, and nationality. The section about the father in the Family Registration Book and the child’s birth certificate will be left blank.

3. Case of acknowledging the father for the child
In cases where one wishes to include the father’s name on the birth certificate so that the child can inherit the father’s last name, the procedure for acknowledging the father for the child must be carried out according to Article 25 of the 2014 Civil Registration Law.
“Article 25. Procedures for registering the acknowledgment of father, mother, and child

  1. The person requesting to register the acknowledgment of father, mother, and child must submit the application form in the prescribed format and evidence proving the father-child or mother-child relationship to the civil registration authority. Both parties must be present when registering the acknowledgment of father, mother, and child.
  2. Within 03 working days from the date of receiving the full documents as prescribed in Clause 1 of this Article, if the acknowledgment of father, mother, and child is deemed correct and there is no dispute, the justice and civil registry official will record it in the Family Registration Book. Both the registering parties and the official will sign the Family Registration Book, and the official will report to the Chairman of the Commune People’s Committee for the issuance of a copy to the requester.
    In cases where verification is needed, the period can be extended by no more than 05 working days.”
    Therefore, the person requesting to register the father for the child must submit the application form in the prescribed format and provide evidence proving the father-child relationship to the civil registration authority. Both parties must be present when registering. If the acknowledgment is correct and there is no dispute, the justice and civil registry official will record it in the Family Registration Book. Both parties will sign the book, and the official will report to the Chairman of the Commune People’s Committee to issue a copy to the requester within 03 working days from the date of receiving the complete documentation as required by Clause 1 of Article 25 of the Civil Registration Law 2014. However, if verification is needed, the deadline may be extended by no more than 05 working days.