Is it obligatory to give birth to a child with the father’s last name and country of origin?
Sharing on MXH, NM’s Facebook account says:
“In my house, there is a baby boy whose parents gave him his mother’s last name. That year, in order to register the birth of the baby, the mother must attach a written and signed “Agreement to bear the mother’s last name” on file. by his father. Only when you submit your birth can you register your birth. “To avoid legal trouble”, my parents were explained as such by the civil status officer.
Then came the story in 2016 which failed to state the origin of the Cat according to his mother”.
Rejected birth certificate because it has to state the country of origin of the father?
Is it obligatory for the mother to give birth to a child with the father’s last name? (image files)
NM continues: “The baby’s birth certificate was rejected because the civil status officer told me: ‘State country of origin according to father'” – The reason why he is so angry is because according to his research, the Civil Code stipulates that an individual’s “hometown” is determined by their father’s or mother’s hometown with the consent of their parents or by adat. from birth registration.
“While the law may state the country of origin or take the surname according to the father or mother, the fact that the statement according to the father is taken for granted (no commitment or consent required), and according to the mother, is necessary to ‘prove agreement”. These are unreasonable and gender-biased claims of civil status officials.”the mother is angry.
Documentary photos at birth registration facilities
There is no rule that forces children to take their father’s last name and hometown
Regarding the above issues, discussing with us, Lawyer Bui Phan Anh said that determining a person’s full name and hometown is specified in the following documents:
In Paragraph 2, Article 26 of the 2015 Civil Code, the rights to the full name are as follows: “A person’s surname is determined to be the biological father’s surname or the biological mother’s surname according to the consent of the parents; if there is no consent, the child’s surname is determined according to the consent of the parents”. adat. In the event that the biological father has not been identified, the child’s surname is determined by the mother’s surname.
In Clause 8, Article 4 of the 2014 Civil Code stipulates: A person’s hometown is determined according to the hometown of his father or mother according to the agreement of the father or mother or according to the customs recorded in the certificate at the time of registering his birth.
Paragraph 2 Article 6 Circular Number 04/2020/TT-BTP dated 28 May 2020 regulates the contents of the birth certificate as follows:
Also according to lawyer Bui Phan Anh, the contents of the birth certificate are determined according to the provisions of Clause 1, Article 14 of the Civil Code, Clause 1, Article 4 of Decree No. 123/2015/ND-CP and follow the instructions:
If the parents cannot agree on the child’s family name, ethnicity, or hometown at the time of birth registration, then the child’s family name, ethnicity, and hometown are determined according to custom, but must follow the child’s family name and ethnicity. , the hometown of father or mother”.
Mother has the right to complain about the refusal of a civil status officer to register
Have the right to complain about the wrongdoing of the civil registration officer
Based on the above provisions, there are no regulations forcing the child to adopt the surname of the father and his hometown, but the law does allow the parents to freely agree to choose according to the surname of the father and hometown. first priority in civil law), only in case the parents disagree, it will be determined according to adat.
However, it should also be noted that if parents have an agreement to determine the child’s full name and hometown, the agreement needs to be stated in a certain form (for example in writing) so that the official residence status has a basis for handling population registration. file.
Therefore, in this case, if the parents have made a written agreement but the civil official still refuses, the mother has the right to complain about the civil officer’s refusal to register.
at Blogtuan.info – Source: Afamily.vn – Read the original article here
