IS IT POSSIBLE TO GET MARRIED BETWEEN ADOPTED CHILD AND NATURAL CHILD OF ADOPTIVE PARENT?

Legal situation: My parents adopted me from an orphanage, loving me like their own child. A few years later, the mother suddenly became pregnant and gave birth to a baby girl. Both I and  my sister grew up together, I always protect and take care of this girl like a big brother in the family. Today, when I came home from work, my mother suddenly came to talk, wants me to get married my sister after she finishes university, because she knows that we have a special affection, above the love of brother and sister. I'm both confused and happy, but also scared... I want to ask the Lawyer, if I am an adopted child, will it be illegal to marry the natural child of my adoptive parents?

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:

Marriage is when a man and woman establish a relationship between husband and wife according to the provisions of The Law on Marriage and Family 2014 on marriage conditions and marriage registration. Therefore, the marriage must pay attention to the following provisions:

Firstly, about the conditions for marriage

According to Article 8 of The Law on Marriage and Family 2014, the conditions for marriage are as follows:

“1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.’

Secondly, about the cases where marriage are prohibited

According to Clause 2, Article 5 of the 2014 Law on Marriage and Family, the following acts are prohibited:

•  Sham marriage or sham divorce;
• Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
• A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
• Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
• Demanding property in marriage;
• Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
• Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;
• Domestic violence;
• Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

Thus, currently, the law does not have any provisions for the adopted child, and the natural child of adoptive parents are not allowed to get married. Therefore, if the above marry conditions are meet, and the marriage is not prohibited, the marriage can be carried out in accordance with the law.

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 Thanh Tra – FDVN Law firm

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