Child's Birth Certificate - Advice/Concerns

Actually it's almost impossible to put your name on the birth certificate unless you are married here. The only other way to do it here is to take an (expensive) DNA test and then present that to the local authorities who then (no doubt with coffee money thrown in) at some point issue an amended cert with your name on.

Also there can be problems after the child is born as both parents need to be around to officially sign documents that decide the citizenship of the child. Most get VN first then the foreign one later as VN don't recognise dual nationality and also the child would have to be on visas if you decide on Aus citizenship at birth.

She obviously wants your name on the cert as this will enable the child to get an Aus passport at a later date.

@departed00

I was been told by Vnese women that it is simple process to go to district authorities and submit my passport copy and other related documents required to recognize me. (I am in Vn for 5 days in March, she suggest is enough to complete the process)

How expensive it is to DNA Test? Any recommendation in DA Lat? I found it on Google GENTIS DNA they advertise on their website they do for legal purposes etc.

Child Citizenship is not concerned right now as mother and I are happy to have Vnese Citizenship right now and after 18 years if everything goes well will apply for Australian Citizenship by Descent.(She was not aware of Aus Passport how the child can be eligible etc)

Should i make legal documents which are valid between Au/VN regarding child support, financials?

    Hi All,
I am Australian Citizen living at present in Australia.
I have 35 weeks pregnant gf who is in Vietnam. She got pregnant soon after our last meeting and break up as I was going to get married here.
She don't wanted to drop the child as she thinks she is already 33 years old and not sure if she will be fertile enough to have baby if she find any Vnese man later and also we loved each other truly but due to other reasons we moved on.
So she decided to have a child, due date is 15/02/24.
What she is asking from me is my name on child's birth certificate. (I am not against to it; I want to have my name on it) Vnese women has not seek any other assistance from me like financially etc. She has made clear to me that it was her decision hence she will take care of the child solely. What is more concerning is that I am married here and I have a 5 months old son already. If going forward, anyone close to her influence her, change her thinking, and ask for child support or any other troubles legally than.
Should I make written agreement in VN like financial agreement, which is valid in Australia?
Or Anyone has any other points I need to be aware of if I am putting my name on Child's Birth Certificate in VN without wedlock? TIA
   

    -@gamechanger140122

I'm virtually certain that in countries where "child support" is legally adjudicated & enforced, it's simply not possible for a parent to sign away the child's right to support.

I'm thinking that's probably true in Australia as it is in the USA.

That's why government Child Support Services are still able to take away wages, even if the custodial parent has an agreement otherwise.

Of course, if you reach an agreement for support of the child AND the custodial parent never files for any sort of government assistance for minor children, then it would never be an issue for anyone except her and you.

I've personally been down this road before in the USA, and I highly recommend that you either get prepared to acknowledge the child legally and to your family in Australia, or...

I really don't want to recommend that you refuse her request and cut off any future contact without DNA proof that the child is yours, but that would be the only other option I can see.

For the sake of the child, let's hope you are a man of high moral character AND you insist on an irrefutable DNA test as soon as possible.

@gamechanger140122 It's interesting she said that. I've been told from the authorities here (central VN) that we must be married to get my name of the birth cert. The only other way down the line is a DNA test to prove paternity. The child will get citizenship by descent for AUS up to 18 i believe but proving it can be an issue. The UK  for example can't ask directly for a DNA test (human rights laws) but can suggest it as a 'potentially feasible option.'  I.E you must do it....

My friend has just gone though this trying to get a UK passport for his son. The UK initially denied his sons first passport application (partner not married) and suggested DNA tests from him, the mother and the child. You have to use a consular approved testing centre and the total cost was around $800 usd. Seeing as though most blood tests here cost around $1-5 it's a bit of a racket.

I can't advise on the financials, i would guess that anything agreed on here isn't enforceable when you leave Vietnam. Vietnam doesn't sign up to many reciprocal bodies like the Hague convention, CRS for banking etc etc. It would come down to your own agreements/morals/ethics on the matter.

@OceanBeach92107

So the agreement is just verbally right now but as mentioned earlier should i make any legal document which is either valid in Vn and Au.

And yes I am going with option 1 to acknowledge the child legally but dont know what future holds down this road.

    @OceanBeach92107
So the agreement is just verbally right now but as mentioned earlier should i make any legal document which is either valid in Vn and Au.

And yes I am going with option 1 to acknowledge the child legally but dont know what future holds down this road.
   

    -@gamechanger140122

...and I'm saying that any "legal" document you sign between you and the mother is really only good as a personal reminder to you two.

As soon as anyone (her, the government of Vietnam or Australian government or a third party having custody of the child) files for child support, that legal agreement becomes toilet paper.

The right to child support belongs to the child and no one can sign away that right on the child's behalf.

Also, as far as the future, you really must plan on being forced to support the child.

Also, be prepared for the woman scorned to become your adversary in life.

@gamechanger140122

You really should take the time to read our sticky on the forum's main page.

VIETNAMESE FAMILY LAW ACT  (Link)

Click the link in the first post of that thread.

Find;

Article 5. Protection of the marriage and family regime

1. Marriage and family relations established and implemented in accordance with this Law shall be respected and protected by law.

2. The following acts are prohibited:

c/ 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;(take heed!)

2. All acts of violating the marriage and family law shall be handled strictly in accordance with law.

Agencies, organizations and individuals have the right to request a court or another competent agency to take measures to promptly stop and handle violators of the marriage and family law.

Article 91. Right to recognize children

1. A parent has the right to recognize his/her child even in case this child has died.

2. A married person may recognize his/her child without consent of his/her spouse.

Article 102. Persons having the right to request identification of parents and children

1. An adult parent or child with civil act capacity has the right to request the civil status registry to identify his/her child or parent in the case prescribed in Clause 1, Article 101 of this Law.

2. A parent or child, as prescribed by the civil procedure law, has the right to request a court to identify his/her child or parent in the case prescribed in Clause 2, Article 101 of this Law.

3. The following persons, agencies and organizations, as prescribed by the civil procedure law, have the right to request a court to identify the parent(s) of a minor child or an adult child who has lost his/her civil act capacity; or identify the child for a minor parent or a parent who has lost his/her civil act capacity in the case prescribed in Clause 2, Article 101 of this Law:

a/ Parent, child, guardian;

b/ The state management agency in charge of families;

c/ The state management agency in charge of children;

d/ The women's union.

****************************

Article 107. Support obligation

1. The support obligation shall be performed between parents and children; among siblings; between paternal grandparents, maternal grandparents and grandchildren; between aunts, uncles and nieces, nephews; and between husband and wife in accordance with this Law.

The support obligation can be neither replaced by another obligation nor transferred to other people.

2. In case persons having the support obligation shirk this obligation, at the request of the persons, agencies or organizations prescribed in Article 119 of this Law, courts shall compel these persons to perform the support obligation in accordance with this Law.

Article 119. Persons having the right to request performance of the support obligation

1. The supported person, his/her parent or guardian has the right in accordance with the civil procedure law to request a court to force the person who fails to voluntarily perform the support obligation to perform such obligation.

2. The following individuals, agencies or organizations have the right in accordance with the civil procedure law to request a court to force the person who fails to voluntarily perform the support obligation to perform such obligation:

a/ Next of kin;

b/ State management agencies in charge of families;

c/ State management agencies in charge of children;

d/ Women's unions.

3. Other individuals, agencies and organizations have the right, when detecting acts of shirking the performance of the support obligation, to request the agencies or organizations prescribed at Points b, c and d, Clause 2 of this Article to request a court to force the people who fail to voluntarily perform the support obligation to perform such obligation.

Article 123. Competence to settle cases and matters of marriage and family involving foreign elements

1. The competence to register civil status related to marriage and family relations involving foreign elements must comply with the law on civil status.

2. The competence to settle cases and matters of marriage and family involving foreign elements at court must comply with the Civil Procedure Code.

3. District-level People's Courts of localities where Vietnamese citizens reside are competent to cancel illegal marriages, settle divorce cases, disputes over the rights and obligations of husband and wife, parents and children, recognition of parents, children, child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws.

Article 128. Identification of parents and children involving foreign elements

1. Vietnamese civil status registration agencies are competent to settle the identification of parents and children without any disputes between Vietnamese citizens and foreigners or between Vietnamese citizens at least one of whom settles abroad, or between foreigners at least of one of whom permanently resides in Vietnam in accordance with the law on civil status.

2. Competent Vietnamese courts shall settle the identification of parents and children involving foreign elements in the cases prescribed in Clause 2 of Article 88, Articles 89, Article 90, Clauses 1 and 5 of Article 97, Clauses 3 and 5 of Article 98, and Article 99 of this Law; and other cases involving disputes.

Article 129. Support obligation involving foreign elements

1. The support obligation must comply with the law of the country where the requester for support resides. In case the requester for support has no place of residence in Vietnam, the law of the country of his/her citizenship shall apply.

2. Agencies competent to settle written requests for support of the persons prescribed in Clause 1 of this Article are agencies of the country of residence of the requester. '

Article 130. Application of the agreed matrimonial property regime; settlement of consequences of the co-living of men and women as husband and wife without marriage registration involving foreign elements

In case of receiving requests for settlement of the application of the agreed matrimonial property regime; or relations of men and women co-living as husband and wife without marriage registration involving foreign elements, competent Vietnamese agencies shall apply the provisions of this Law and other relevant Vietnamese laws to settle these requests.

There's plenty more there for you to read. I suggest you study it carefully.

When you've finished, feel free to ask further questions.

    Hi All,
I am Australian Citizen living at present in Australia...
What is more concerning is that I am married here and I have a 5 months old son already...   

    -@gamechanger140122

You may want to not mention this inconvenient fact when dealing with VN officialdom.

There's plenty more there for you to read. I suggest you study it carefully.
When you've finished, feel free to ask further questions.
   

    -@Aidan in HCMC

Thanks for the info, i will have a look.

        Hi All,I am Australian Citizen living at present in Australia...What is more concerning is that I am married here and I have a 5 months old son already...        -@gamechanger140122

You may want to not mention this inconvenient fact when dealing with VN officialdom.
   

    -@Aidan in HCMC

Vnese women know already, you mean Vnese official when dealing for documents etc right?

        @OceanBeach92107So the agreement is just verbally right now but as mentioned earlier should i make any legal document which is either valid in Vn and Au.And yes I am going with option 1 to acknowledge the child legally but dont know what future holds down this road.        -@gamechanger140122

...and I'm saying that any "legal" document you sign between you and the mother is really only good as a personal reminder to you two.

As soon as anyone (her, the government of Vietnam or Australian government or a third party having custody of the child) files for child support, that legal agreement becomes toilet paper.

The right to child support belongs to the child and no one can sign away that right on the child's behalf.

Also, as far as the future, you really must plan on being forced to support the child.

Also, be prepared for the woman scorned to become your adversary in life.
   

    -@OceanBeach92107

That what she said its an agreement between us two what's the point to have it written as its not valid there in Vn or in Aus.

Yes, i am happy to support hence already started checking how to open bank account in VN as foreigner on 30 day Visa and some long term plans.

Women Scorned - So far she is ok. She is an educated person in top notch position in corporate world but Asian women's when they are angry i know i have experience it on streets while travelling in TH, VN.

            @OceanBeach92107So the agreement is just verbally right now but as mentioned earlier should i make any legal document which is either valid in Vn and Au.And yes I am going with option 1 to acknowledge the child legally but dont know what future holds down this road.        -@gamechanger140122 ...and I'm saying that any "legal" document you sign between you and the mother is really only good as a personal reminder to you two. As soon as anyone (her, the government of Vietnam or Australian government or a third party having custody of the child) files for child support, that legal agreement becomes toilet paper.The right to child support belongs to the child and no one can sign away that right on the child's behalf. Also, as far as the future, you really must plan on being forced to support the child. Also, be prepared for the woman scorned to become your adversary in life.        -@OceanBeach92107

That what she said its an agreement between us two what's the point to have it written as its not valid there in Vn or in Aus.

Yes, i am happy to support hence already started checking how to open bank account in VN as foreigner on 30 day Visa and some long term plans.

Women Scorned - So far she is ok. She is an educated person in top notch position in corporate world but Asian women's when they are angry i know i have experience it on streets while travelling in TH, VN.
   

    -@gamechanger140122

Are you Việt Kiều?

Are you Việt Kiều?
   

    -@OceanBeach92107

No, I am not.

    Are you Việt Kiều?         -@OceanBeach92107

No, I am not.
   

    -@gamechanger140122

Your written English has been indicating that English is not your native language.

Reading through all of your posts, your incorrect use of syntax, verb forms and other errors are the reason I ask the question.

Are you perhaps someone posing as a native Australian male citizen when that's not in fact your true identity?

In any case, your replies indicate that this is either a troll thread OR you are a genuine Australian man who really isn't looking for answers but is instead, seeking affirmation.

I'm simply letting you know how all of this appears.

Also, if you are indeed genuine, you genuinely appear to have totally made up your mind as to your future course of action.

You definitely don't need any further replies from me.

Cheers!

@OceanBeach92107

Hey i moved to Australia 16 years ago. Basically from Asia i.e India.

And wrt to the this thread topic, i was successfully able to get non vietnamese name added to my daughter's birth certificate in da lat. Totally surprised as other people had this rejected.

The experience for other people in this group was different than mine, i was lucky the person who served me on the counter didn't knew the process.

On a side note, i want to open Band Account to send money for family maintenance for my daughter, is there is any way to open an account in VN.? (My 5 exemption certificate was rejected my local Embassy as Vnese children cant sponsor foreigners, so im trying TRC via daughter's mother at local POC)

I have already read many threads here but every experience is case by case basis and ofcourse which bank you choose. I went to VCB last time i was there. They open some sort of account for me but i cant do any transactions as smart otp is not activated. I will do that when i arrive first this time but i would like to send some AUD to Vn account and locals says money,laundering is big here and you might be jailed. I will use my Australian salary account to transfer.

Any help please.

Thanks in Advance

@gamechanger140122

Sending money to Vietnam is easy. Taking money out is not.

You can send money to VN through a variety of ways. Western Union, for one, works.

@Aidan in HCMC

Yes, i know many,options in Australia to send money to Vietnam or Asia that's not a problem.

But to have term deposits or savings account and transfer to another domestic account in Vn (carer's account) is what I'm after for my bank account in Vn. Is there is any way?

@gamechanger140122 hello/namaste, to open a bank account and keep it opened is only possible for granted foreigners to be in Vietnam.  In your case that it is only possible after you get the TRC or at least a TT-Visa (as family member) and try to never lost your passport-book which was used to do the last bank movement, because in case of renewals of passports or visa: you must show both to the cashier if you don't want to be in troubles with the vietnamese bank .

Hey man. please permit me to ask about your process for TRC. Obviously you will need first to get a TT-Visa  and it could be possible through your baby. But the real challenge to the TRC is: You will need to be registered in the Police Department with a local address (mandatory); and: I don't know if an under-12-years-old child can be your sponsor.

I really hope you can get all what you need to enjoy good times with your daughter