BIRTH REGISTRATION FOR THE ABANDONED CHILD

BIRTH REGISTRATION FOR THE ABANDONED CHILD

Legal situation: A week ago, while running in the morning, I accidentally saw an abandoned newborn child in front of my house. I want to ask a lawyer, how is the birth registration for this child done?

Solution

Thank you for Client’s trusting and sending questions to FDVN Law Firm (“FDVN”), after researching the legal regulations, FDVN has the following information to exchange:

According to Article 14 of Decree No. 123/2015/ND-CP, the person who finds out the abandoned child has the responsibility to protect the abandoned child and immediately notify The People's Committee or the commune-level police station where the child is abandoned.

Immediately after receiving the notice, the chairperson of the commune-level People's Committee, or the head of the commune-level police station shall organize the making of a report on the abandonment of the child; Commune-level People's Committees are responsible for handing over abandoned child to individuals or organizations for temporary fostering under law.

The report must clearly state the time and place where the abandoned child is found; identifying characteristics such as gender, and physical condition, and health status; the child's property, or other objects, if any; full name, identity document, place of residence of the person who found the abandoned child. The report must be signed by the maker, the person who found the abandoned child, and the witness (if any) signed and sealed by the record-making agency. The record is made in two copies. One copy is kept at the record-making agency, and the other is handed over to the individual or organization temporarily taking care of the abandoned child.

After making the record, the commune-level People's Committees conduct a listing at the headquarters of the People's Committees for 07 consecutive days about the abandoned child.

At the end of the public notification, if there is no information about the natural father or mother, the commune-level People's Committee shall notify the individual or organization that is temporarily looking after the abandoned child to register the child's birth. The individual or organization that is temporarily looking after abandoned child is responsible for registering the child's birth.

The child's family name, middle name, and first name shall be determined in accordance with civil law. If there is no basis to determine the date, month, year of birth, and place of birth of the child, the date and month of discovery of the abandoned child shall be the day and month of birth; based on the child's physical condition to determine the year of birth; the place of birth is the place where an abandoned child is discovered; hometown is determined by place of birth; The child's nationality is Vietnamese nationality. The declaration on the child's father, and mother, and ethnicity in the birth certificate, and civil status book is left blank; In the civil status book, it is clearly stated "Abandoned child".

Birth registration procedures shall comply with the provisions of Clause 2, Article 16 of the Law on Civil Status. Specifically, as soon as all papers are received, if the birth registration information is found to be complete and appropriate, the civil status - judicial officer shall record the birth registration information in the civil status book; update the electronic civil status database, the national population database to get the personal identification number. The civil status officer and the person registering the birth shall both sign the civil status book. Chairpersons of commune-level People's Committees shall grant a birth certificate a person whose birth is registered.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

By Tong Nguyen Tho – FDVN Law Firm

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