Reference situation:

A Taiwanese man met a Vietnamese woman on a business trip in Vietnam. They lived as a husband and a wife and had a child, but they did not register their marriage. At the moment, the child is five years old and he is going to a school. Therefore, they would like to consult lawyers about the procedures for giving birth to this child.

Legal grounds:

1. Law on marriage and family 2014;
2. Circular No. 15/2015/TT-BTP guiding Law on civil status 2014 and Decree No. 123/2015/ND-CP

Our legal advice:

The Taiwanese man needs to carry out the procedures for recognizing him as a father for this child in the district-level people’s committee where he or his wife is residing. They must prove the relationship between them and the child through a document of a medical agency, an expert agency or a competent authority in Vietnam or a foreign country confirming such relationship.

Because the child is minor, therefore, the man needn’t ask the opinion of the child about this adoption, instead, the man must ask the opinion of the Vietnamese woman for this recognization. Click here to refer to the detailed procedures.