Summary of Judgments on Disputes Regarding Paternity Determination in Vietnam

I. Judgment No. 135/2026/HNGĐ-ST dated August 27, 2026: Lawsuit Procedures for Establishing Paternity When Another Person is Registered on the Birth Certificate

1. General Overview of the Dispute

• Adjudicating Court: People's Court of Regional District 5 – Hung Yen Province.

• Subject Matter of Dispute: Marriage and family case regarding the "Establishment of Paternity" (Determination of Father-Child Relationship).

2. Factual Background of the Case

• Mr. Nguyen Thach C and Ms. Nguyen Thi Kieu O previously maintained an emotional relationship and cohabited as husband and wife without registering their marriage. They subsequently separated; Ms. O gave birth to the child Nguyen Phu H1 (born on May 27, 2011) without notifying Mr. C.

• In 2015, Ms. O married Mr. Nguyen Hoang Minh T. Despite knowing that the child H1 was not his biological child, Mr. T agreed to be registered as the father in Birth Certificate No. 410/2014 (late registration dated December 29, 2014, at the People's Committee of D Commune, D District, Thai Binh Province – currently D Commune, Hung Yen Province).

• Ms. O and Mr. T had two other common children. Following irreconcilable domestic conflicts, the parties divorced pursuant to First-Instance Marriage and Family Judgment No. 05/2026/HNGĐ-ST dated January 12, 2026 (which only resolved matters concerning the two common children without addressing the parentage of child H1). Following the divorce, Ms. O informed Mr. C that child H1 was his biological offspring.

• Mr. C and Ms. O underwent DNA testing at C2 Joint Stock Company. Forensic Assessment Conclusion No. 260807.24 dated August 7, 2026 confirmed: Mr. Nguyen Thach C is the biological father of child Nguyen Phu H1 with a probability of 99.9999%. Because the Birth Certificate officially listed Mr. T as the father, the parties could not perform administrative amendments at civil status registration authorities and were required to file a lawsuit petitioning the Court for judicial determination.

3. Submissions and Arguments of the Parties before the Court

• The Plaintiff (Mr. Nguyen Thach C): Affirmed that child H1 is his biological child based on DNA Assessment Conclusion No. 260807.24; petitioned the Court to legally recognize the father-child relationship; voluntarily assumed all DNA testing costs; waived conciliation/mediation, and submitted a petition for trial in absentia.

• The Defendant (Ms. Nguyen Thi Kieu O): Confirmed the full veracity of Mr. C’s testimony; acknowledged that child H1 is the common biological child of herself and Mr. C; consented to the plaintiff’s claims; agreed to Mr. C bearing the testing fees; waived mediation, and requested trial in absentia.

• Person with Related Rights and Obligations (Mr. Nguyen Hoang Minh T): Confirmed that child H1 is not his biological child and that his prior registration on the birth certificate arose from marital goodwill upon marrying Ms. O; fully concurred with Mr. C’s petition; requested the Court to adjudicate according to statutory provisions, and requested trial in absentia.

• Opinion of the Representative of the People's Procuracy of Regional District 5 – Hung Yen:

  • Regarding procedural matters: The Judge, the Trial Panel, and the involved parties strictly adhered to the statutory provisions of the Civil Procedure Code.

  • Regarding substantive matters: Recommended that the Court grant the plaintiff’s claims in their entirety pursuant to the Law on Marriage and Family, and consider granting Mr. C an exemption from paying court fee advances and first-instance court fees as prescribed by law.

4. Court Ruling and Legal Assessment

Legal Assessment of the Trial Panel:

• On jurisdiction and procedural compliance: The dispute falls within the territorial jurisdiction of the People's Court of Regional District 5 – Hung Yen Province according to the defendant's place of residence. The joint submissions by all parties waiving mediation and petitioning for trial in absentia fulfilled all legal prerequisites for the Court to conduct the hearing in absentia under Articles 227, 228, and 238 of the Civil Procedure Code.

• On the substantive merits of the claim: DNA Assessment Conclusion No. 260807.24 bears conclusive evidentiary value (99.9999% statistical certainty), which aligns consistently with the statements of all involved parties. Consequently, the lawsuit petitioning for paternity establishment filed by Mr. C is well-founded pursuant to the Law on Marriage and Family.

Court Decision:

1. Grant the plaintiff’s petition in its entirety: Legally determine that Mr. Nguyen Thach C is the biological father of child Nguyen Phu H1 (born on May 27, 2011, to mother Nguyen Thi Kieu O). Mr. C and Ms. O are entitled and obligated to contact the competent civil status registration agency to carry out procedures for civil status correction and modification of paternity information on child H1’s Birth Certificate.

2. Procedural Costs: Formally acknowledge the voluntary undertaking of Mr. Nguyen Thach C to cover all DNA assessment costs (which have been fully paid).