If a husband wants to adopt a child, does he need to ask his wife's opinion?
In reality, there are many situations where a husband has a child out of wedlock (stepchild) and wants to go through child adoption procedures according to the law. In this situation, does the husband need to ask his wife's opinion?
No need to ask your wife's opinion, just have a DNA test
To record blood relationships between people sharing the same bloodline, Law on Marriage and Family 2014 regulations: Fathers and mothers have the right to recognize their children, even when the children are dead. In case a married person adopts a child, the adoption does not require the consent of the other person.
The above regulations are very clear to confirm that a husband who wants to adopt a stepchild does not have to ask his wife's opinion. It is entirely up to the husband to decide whether or not to ask his wife's opinion and is not required by law.
Currently, the procedure for recognizing parents and children is applied according to Articles 24 and 25 of the Law on Civil Status 2014 and instructions in Article 11 of Circular No. 15/2015/TT-BTP. Accordingly, a father who wants to adopt his stepchild must submit the following documents to the People's Committee of the commune where he or his child resides:
- Declaration according to form;
- Documents from medical agencies, assessment agencies or other competent agencies at home or abroad confirming paternity such as DNA test results...;
- In case there is no document mentioned above, there must be letters, films, tapes, discs, utensils and other items proving the father-child relationship and a written commitment from the father and mother that the child is their child. between two people, with at least two relatives of the father and mother as witnesses.
When recognizing paternity, all parties must be present. If the recognition of father and child is correct and there is no dispute, the procedure will be resolved within 03 working days from the date of receipt of complete documents mentioned above. In case verification is needed, it can be extended for no more than 05 working days.
In short, the law only requires that a husband who wants to adopt a stepchild must have evidence proving the father-child relationship with the recipient, not requiring the opinion of the wife who is living with him.
Key words:adopt a child
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