Analyzing “Child Born Out Of Wedlock” (“Illegitimate Child”) In The Law On Marriage And Family

Main Article Content

Nguyen Thi Bao Anh
Nguyen Phuc Gia Nguyen

Keywords

Illegitimate children, Wedlock, out-of-wedlock, Stepparents, Determination of parents

Abstract

The rights of children born out of wedlock (illegitimate children) is an issue that has not been addressed adequately in law. This article addresses how illegitimate children can identify their parentage according to the law. It also, within its scope, covers the rights of out-of-wed-lock children, such as the right to identify their parentage, the procedure to be followed while identifying parents, and the relevant legislation. The article further focuses on the inheritance rights of illegitimate children and their stepparents. The article has identified some weaknesses in the laws governing the identification of parents and children. It has also discussed the shortcomings in the law dealing with inheritance and suggested some changes that would strengthen the law. Moreover, the article has also noted the challenges the requester faces while determining parents or children.

Abstract 410 | pdf Downloads 260

References

1. “DNA testing and what to know,” accessed June 27, 2017, https://gentis.com.vn/xet-nghiam-adn-va-nhung-thong-tin- can-biet.
2. Articles 5 & 14, Circular No. 04/2020/TT-BTP of the Ministry of Justice dated May 28, 2020 elaborating the implementation of a number of articles of the Law on Civil Status and Decree No. 123/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status.
3. China const. Inheritance law,1985. Art. 10. accessed March 30, 2020 http://en.pkulaw.cn/display.aspx?cgid=2368&lib=law.
4. Clause 4, Article 4 of Resolution No. 02 of October 19, 1990, of the Judicial Council of the Supreme People's Court guiding the application of a number of provisions of the ordinance on inheritance.
5. Dai , Do Van, Van, Ngo Thi Anh, “Identification of blood relationship through DNA,” Vietnamese Journal of Legal Sciences 4 (2016): 66.
6. Dai, Do Van, Law on Inheritance of Vietnam vol. 2, Hong Duc Publishing House: Vietnam Lawyers Association, 2019.
7. Dien, Nguyen Ngoc, Textbook of Vietnamese Law on Marriage and Family, Vol. 1 – Family, Tủ sách Đại học Cần Thơ, 2006.
8. Hien, Vu Van., Property regime in Vietnamese families, Ibid., p.2, section 357.
9. Ho Chi Minh City University of Law, Legal textbooks on property, ownership and inheritance (Revised and supplemented edition), Hong Duc Publishing House ,Vietnam Lawyers Association, 2019.
10. Ho Chi Minh City University of Law, Textbook of Law on Property, Ownership and Inheritance, Hong Duc Publishing House ,Vietnam Lawyers Association, 2019 p. 515.
11. Ho Chi Minh City University of Law, Textbook of the Law on Marriage and Family of Vietnam (Revised and supplemented edition), Ho Chi Minh City, National Political Publishing House, 2010.
12. Institute of Linguistics, General Vietnamese Dictionary, Ho Chi Minh City Publishing House, 2002.
13. Ministry of Justice – Institute of Legal Studies (Chief Editor), Scientific commentary on the Law on Marriage and Family of Vietnam, Hanoi, National Political Publishing House, 2004.
14. Resolution of October 28, 1995 of the National Assembly on the implementation of the 1995 Civil Code.
15. Thanh, Nguyen Van, 1972: Civil Law - Book 2, Publishing House, University of Law, 1972.
16. Vietnam Const. Law on marriage and Family, 2014. art 101. cl. 2.
17. Vietnam Const. Law on Organization of People’s courts, 2014. Art 3. Cl.4.
18. Vietnam Const. 2014 Law on Marriage and Family. Art.101
19. Vietnam Const. Civil code procedure, 2015. Art. 203
20. Vietnam Const. Civil Procedure Code, 2015. Art. 28.cl.4.
21. Vietnam Const. law on Civil Status, 2014. Art. 25.
22. Vietnam Const. Law on Promulgation of legislative documents, 2015.Art. 154.cl.4.