CAN I APPLY FOR MY CHILD’S BIRTH CERTIFICATE WHEN I HAVE NOT BEEN REMOVED FROM MY FAMILY’S HOUSEHOLD

I got married and I am about to give birth. I have registered my household with my family and I have not been removed from my family’s household registration book, although I am living with my parents-in-law.

I would like to know if I can apply for my child’s birth certificate when I have not been removed from my family’s household registration book? Thank you.

FDVN’s opinion:

Thank you for concerning our legal services. Regarding the temporary registration, we have some following opinions:

 [1] About birth registration for children

According to Article 13 of the Law on civil status 2014, "Commune-level People's Committees of the places of residence of fathers or mothers shall make birth registration.”

Therefore, even though you have not been removed from your family household registration book, you can still apply for your child’s birth certificate at the People's Committee where you or your husband permanently resides.

After giving birth, you can register your child’s name in the household registration book (based on the blood relationship with the household owner). The content of birth registration certificate includes: hometown, names of the parents… and there is no information about the household registration of the parents. Moreover, according to Law on Residence, the procedure of separation of household registration book is not affected by the birth registration of the household members.

[2]. Regarding permanent residence registration for children

According to Article 13 of the Law on Residence 2006 amended and supplemented in 2013, the residence places of minors are stipulated as follows:

“Article 13.- Places of residence of minors

1. A minor's place of residence is the place of residence of his/her father, mother; if his/her father and mother have different places of residence, the minor's place of residence is the place of residence of his father or mother with whom the minor regularly lives.

2. A minor may have a place of residence other than the place of residence of his/her father or mother if so agreed by his/her father or mother or provided for by law”.

Therefore, if the parents don’t have the common residence place, the residence place of the child will be the one of either father or mother with whom he/she regularly lives. In your case, if your child regularly lives with your husband’s family, you can register his/her permanent residence there.

We hope that our opinions are useful to you.

Legal advisor: Dinh Thi Thong

FDVN Law Firm

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