Contents
I. Conditions for Disowning a Child
Based on clause 2, Article 89 of the 2014 Marriage and Family Law, a person believed to be the parent of someone has the right to request the Court to determine that the individual is not their child:
“A person recognized as the parent of someone may request the Court to determine that the individual is not their child.”
Based on clause 2, Article 88 of the 2014 Marriage and Family Law: “In cases where the parents do not acknowledge the child, evidence must be provided and it must be determined by the Court.” Therefore, if someone is considered a parent, they must prove that they are not the parent of the child if they do not wish to acknowledge the child.
Specifically, based on the spirit of Resolution No. 02/2000/QN-HĐTP dated December 23, 2000, issued by the Council of Judges of the Supreme People’s Court, which states: “…when someone requests the Court to determine whether a particular individual is their child or not, there must be evidence; therefore, in principle, the requester must provide evidence. In necessary cases, genetic testing may be required. The requester of genetic testing must pay the testing fee.”
Therefore, the condition for someone not to acknowledge a child (whom the law has determined to be their parent) is that the child is not their biological child, and there must be evidence proving that they are not the parent of the child. This must be determined and recognized by the Court.
II. Procedure for Disowning a Child by Parents
Parents have the absolute right to refuse to acknowledge a child if that child is not biologically theirs. In this case, the steps to disown the child are as follows:
Step 1: Gather evidence proving that the child is not theirs
Parents need to provide valid evidence that they are not the biological parents of the child. There are several ways to do this, but the most common and convincing method is through DNA testing, comparing the child’s DNA with that of the alleged parents. Parents can visit hospitals or medical centers that offer DNA testing services for examination and sample collection.
Step 2: Prepare the documents
After determining that the child is not biologically theirs, you need to prepare the following documents:
– A request to disown the child
– The evidence prepared in Step 1
– Identification documents of the requester
– Divorce decree (if applicable)
Step 3: Submit the documents and await the Court’s jurisdiction
According to Article 32 of the 2015 Civil Procedure Code, cases related to determining parental status fall under the jurisdiction of the district-level courts. Therefore, the requester who wishes to disown the child should submit the documents to the district-level court where they are residing or temporarily residing.
Within the specified time frame, the Court will take jurisdiction over your request.
Step 4: Receive the result
The requester seeking to disown the child will receive the result after the Court issues a decision regarding the request.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with family matters
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.