5 Critical Reasons to Recognize Father for a Child in Vietnam and Application Process

There are situations which parents have to encounter that would broadened the parental responsibilities.   For instance, in Vietnam, when the child is born when mother and father are not married and the parents wish to recognize father for a child legally.     

To recognize father for a child in Vietnam is partly about acknowledging biological ties to be recognized by the law.

In the following, we will discuss the roles and responsibilities fathers play in the legal processes involved in fatherhood recognition.

Who Should Recognize Father for a Child in Vietnam?

The concept to recognize father for a child in Vietnam is important to several key stakeholders:

1. The Child: The child stands to benefit the most from father recognition. It provides them with a sense of identity, belonging, and security.  For the child, to recognize father for a child in Vietnam means establishing their rights to inheritance, social security benefits, and emotional security.

2. The Biological Father: It’s crucial for biological fathers to step up and acknowledge their children. Recognition enhances the relationship between the father and child, strengthening familial bonds and ensuring that fathers participate in the child’s upbringing, either emotionally or financially.

3. The Mother: For many mothers, establishing paternity and having the father recognized is essential, particularly in legal matters such as child support or custody arrangements. Motherhood is a challenging role that can benefit greatly from shared responsibilities when a father is involved.

4. The Legal System: Courts and family law entities are tasked with ensuring that both parents fulfill their obligations. Recognizing a father for a child holds significant weight in custody battles, child support rulings.

What Does it Mean to Recognize Father for a Child in Vietnam?

To recognize father for a child in Vietnam means legally acknowledging the relationship between the man and the child. The recognition comes with legal rights and responsibilities. 

In Vietnam, the biological recognition involves establishing paternity through DNA testing. Once paternity is recognized, the father has a legal duty to support the child, both emotionally and financially.

When Should One Recognize Father for a Child in Vietnam?

Timing plays a critical role in recognizing a father for a child, as early recognition often benefits the child the most.

1. At Birth: The most common time to recognize father for a child in Vietnam is immediately at birth.  In Vietnam, if mother and father are not married when the child is born, the process to recognize father for a child in Vietnam could be done in parallel with the birth certificate application process. 

This is ideal because it sets a foundation for the child’s life, establishing the father’s legal and emotional responsibilities from the start.

2. Early Childhood: If paternity wasn’t established at birth, it’s critical to recognize the father as early as possible during the child’s early development stages. Early recognition promotes bonding and emotional security between the child and father.  The process to recognize father for a child in Vietnam is a separate process which could be done even after the birth certificate was issued some time ago. 

3. When Legal Issues Arise: Sometimes, the need to recognize father for a child in Vietnam arises during legal battles over custody, inheritance, or child support. Establishing fatherhood can become crucial in these cases to determine legal obligations and rights.

Where Does Recognition of Fatherhood Take Place?

The recognition of the father for a child in Vietnam protects the legal rights of all involved parties.

The procedure for recognition of father for a child have to follow the laws of Vietnam, through various steps at Vietnam Authority including People’s Committee where the mother resides.

Why is it Important to Recognize Father for a Child in Vietnam?

Recognizing a father for a child holds immense importance for various reasons. It influences not only the child’s upbringing but also legal matters, family dynamics, and the emotional well-being of all parties involved.

1. Emotional and Psychological Benefits: A child who knows and is recognized by their father often feels a greater sense of identity and security.

2. Financial Security: Once paternity is recognized, the father has a legal obligation to provide financial support. This can include child support payments, inheritance rights, health insurance, and social security benefits, all of which contribute to the child’s financial security.

3. Legal Rights and Custody: In cases of divorce or separation, recognizing a father for a child is crucial in determining custody arrangements. Courts typically prefer joint custody when both parents are involved, and paternity recognition makes this possible.

4. Health and Medical History: Knowing the biological father allows the child access to a more complete medical history, which is invaluable for preventive care and treatment of hereditary conditions.

5. Social Identity and Belonging: The recognition of a father for a child also plays a role in how the child perceives their place in society. Knowing their father helps children establish a broader social identity, including cultural and familial ties.

Application to Recognize Father for A Child in Vietnam

List of Documents

-The application for recognition of father of the child;
-The copies of the ID (for Vietnamese citizens staying in the country), or passports or substitute papers (for foreigners and Vietnamese citizens in foreign countries);

-The copies of the birth certificates of the persons to be recognized as child (if the process is done after the child is issued with birth certificate);

-Papers, documents or evidences (if any) to prove that there is a blood relationship between the father or mother and the child;

-The copy of the household registration book or collective resident certificate (for Vietnamese citizens permanently residing in the country);

-The permanent residence card (for foreigners permanently residing in Vietnam) of the persons to be recognized as father or mother.

Requirements of Legalization

Documents issued in foreign language shall need to be translated into Vietnamese, notarized or legalized to conform with legal document requirements of Vietnam authorities.

Duration to Apply

The time for processing dossiers at various authorities depend on the submitted documents and the time taken by the authorities to validate the case and could range between two weeks to two months.

The Vietnam authorities will need to study and examine dossiers of application for recognition of father, mother of the child.

In cases where there is any doubts, complaints or denunciation about the recognition of father of the child, or whether it is deemed that the personal identification of the involved parties or papers in the dossiers of application need to be clarified, the Provincial Department of Justice shall carry out the verification, including interviews with the involved parties or request for the additional proof.

Once the application is processed, verified and confirmed, the revised birth certificate of the child will be issued to reflect the changes which will show the name of the father or mother added.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.