Is it possible to register a child’s birth when the mother is under 18 years old?

Legal situation:

This year, I am 15 years old. I made a mistake and now I’m getting pregnant. About this May, my child will be born, I am wondering whether I can get the birth certification for my son since I am too young. Please advise me if I can register the birth of my child when he is born. Do I have to be of age to become a mother (18 years old) to carry out this procedure? I am looking forward to your legal opinions. 

Answer:

Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the relevant legal provision, we would like to send you some references as follows:

1. According to Clause 1 Article 30 of Civil Code 2015, “when an individual is born, he/she has the right to have his/her birth declared”, Article 13 of Children Law 2016 also stipulates that children have the right to be registered for birth or death, have the right to a legally registered full name and a nationally; have the right to have their parents, ethnic groups and sex defined as regulated by laws.

Clause 1 Article 15 of Civil Status Law 2014 prescribes: “Within 60 days after the birth of their child, the father or mother shall register the child’s birth; if the parents are unable to register their child’s birth, the grandfather or grandmother or another relative or the individual or organization that is nurturing the child shall register his/her birth”.

Based on the above provisions, children have the right to be registered for birth and parents are responsible for registering the birth for their child. Currently, there are no provisions that require the mother to be over 18 years old to register the birth of her child. Thus, within 60 days from the date of birth, you need to carry out the birth registration procedure in accordance with the law.

2. For the procedures for registering the birth, according to Article 13, 14, 15, 16, 35, 36 of Civil Status Law 2014, the order, procedures for the birth registration are as follows:

Step 01: Prepare a dossier for birth registration

Within 60 days after the birth of their child, the father or mother shall register the child’s birth; if the parents are unable to register their child’s birth, the grandfather or grandmother or another relative or the individual or organization that is nurturing the child shall register his/her birth, needing to prepare the following papers:

• Declaration of birth registration according to the prescribed form;
• Birth certification papers. If having no birth certification paper, a document of a witness certifying the birth shall be submitted; if there is no witness, there must be a written pledge of the birth;

Step 02: Submit the dossier

Persons who carry out the birth registration shall submit the dossier at one of the following agencies:

• Civil status registration agency at the commune-level People’s Committee where the father or mother resides (applicable in cases where both parents of the child are Vietnamese residing in Vietnam).
• Civil status registration agency at the district-level People’s Committee where the father or mother resides (applicable in the case of children born in Vietnam whose father or mother is a Vietnamese citizen and the other is a foreigner or stateless person; father or mother is a Vietnamese citizen residing in the country and the other is a Vietnamese citizen residing abroad; father and mother are Vietnamese citizens residing abroad; father and mother are foreigners or stateless people).

Step 03: Receive the dossier, process and get the results

Immediately after receiving full papers, if seeing that the birth declaration is complete and proper, justice and civil status officers shall record birth registration contents in the civil status books and update them in the electronic civil status database and the national population database for getting personal identification numbers.

Justice and civil status officers and birth registrants shall together sign in the civil status books. Chairpersons of commune-level People’s Committees shall grant birth certificate to birth registrants.

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.

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

Lawyers in Ho Chi Minh City:

No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City

Lawyers in Ha Noi:

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An:

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam