Can parents who are not old enough to get married register their child's birth?

According to Clause 1, Article 30, Civil Code 2015, individuals from birth have birthright.

At the same time, in Article 13, the 2016 Children's Law also stipulates that children have the right to have their birth and death declared, have their full name, and nationality; have their father, mother, ethnicity, and gender determined according to the provisions of law.

Therefore, birth registration is a child's right. Children have the right to have their birth registered, even if their parents are not old enough to register their marriage. Currently, there is no law requiring a mother to be over 18 years old to register her child's birth.

In addition, in Article 15, the 2014 Civil Status Law stipulates that, within 60 days from the date of birth, the father or mother is responsible for registering the child's birth; In case the father or mother cannot register the child's birth, the grandparent or other relative or individual or organization raising the child is responsible for registering the child's birth.

In cases where the father and mother are not old enough to get married, when registering the birth on the child's birth certificate, they can only write the mother's name, leave the father's name blank, and determine the family name, ethnicity, hometown, and nationality according to the family name. , mother's ethnicity, hometown, nationality.

If you want the father's name on the Birth Certificate, the father and mother must simultaneously carry out the procedure to recognize paternity and register the child's birth.

What is the procedure for birth registration?

In Article 16, the 2014 Law on Civil Status stipulates that birth registration procedures are carried out as follows:

- The person registering the birth must submit the declaration according to the prescribed form and birth certificate to the civil status registration agency.

In case there is no birth certificate, submit a document from a witness confirming the birth; If there is no witness, there must be a written commitment to the birth; In case of birth registration for an abandoned child, there must be a record confirming the child's abandonment prepared by a competent authority; In case of birth registration for a child born through surrogacy, there must be a document proving the surrogacy according to the law.

- Immediately after receiving all the documents as prescribed above, if the birth registration information is found to be complete and appropriate, the justice and civil status officer records the birth registration content as prescribed in Clause 1, Article 14, Law on Households. 2014 citizenship in the civil status book; Update the Electronic Civil Status Database and the National Population Database to get the Personal Identification Number.

The civil status-judicial officer and the person registering the birth together sign the civil status book. The Chairman of the Commune People's Committee issues a Birth Certificate to the person whose birth is registered.

- The Government regulates in detail the birth registration of abandoned children, children whose parents have not been identified, and children born through surrogacy; determining the hometown of abandoned children and children whose parents have not been identified.

Accordingly, when registering a child's birth, the individual needs to fully prepare all of the above documents to receive a birth certificate for the child.

What is the procedure to register a child's paternity?

- The person requesting registration of recognition of father, mother, or child shall submit a declaration according to the prescribed form and evidence proving the father-child or mother-child relationship to the civil status registration agency. When registering to recognize the father, mother, and children, all parties must be present.

- Within 03 working days from the date of receipt of complete documents as prescribed above, if it is found that the recognition of father, mother, and child is correct and there is no dispute, the judicial and civil status officer shall record it in the civil status book. , together with the person registering to recognize father, mother, and child, sign the civil status book and report to the Chairman of the Commune People's Committee to issue an extract to the requester.

- In case verification is required, the time limit may be extended by no more than 05 working days. (Article 25, Law on Civil Status 2014).