Handling Birth Registration and Paternity Recognition Without a Marriage Certificate

April 2, 2026 | Family Lawyers in Vietnam, Guidelines

Dear DB Legal – Law Firm in Vietnam, My name is D, a Vietnamese national. I am living with my partner, who is a foreign national, but we are not legally married. We have just had a baby. I would like to ask if we can register the baby's birth without a marriage certificate? Or can we perform both birth registration and marriage registration together? I look forward to hearing from you. Thank you.

Response from DB Legal:

Dear Ms. D,

Thank you for sending your inquiry to DB Legal – a law firm providing legal services in Da Nang, Ho Chi Minh City, and neighboring provinces. Regarding your concerns about birth registration and paternity recognition for your child, we would like to respond based on the information provided as follows:

1. Legal Grounds

Law on Civil Status No. 60/2014/QH13 dated November 20, 2014;
Circular No. 04/2020/TT-BTP dated May 28, 2020.

2. Legal Consultation

- Pursuant to the provisions of Article 36 of the Law on Civil Status No. 60/2014/QH13 regarding the jurisdiction to register the recognition of parents and children:

"The People’s Committee of the commune where the person recognized as a parent or child resides shall register the recognition of parents and children between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens who concurrently have foreign citizenship and Vietnamese citizens or foreigners; between foreigners of whom at least one party permanently resides in Vietnam."

- Furthermore, pursuant to the provisions of Article 15 of Circular No. 04/2020/TT-BTP dated May 28, 2020, regarding the combined registration of birth and recognition of parents and children:

1. When registering the birth of a child for whom there is a request for recognition of parents or children, the People's Committee of the commune where the father or mother resides shall concurrently process the birth registration and the parent-child recognition procedures.

In cases where the combined registration involves a foreign element (one party is a foreigner or a Vietnamese citizen residing abroad), the jurisdiction shall rest with the Ward-level People's Committee where the parent who is a Vietnamese citizen resides.

2. The dossier for combined birth registration and recognition of parents and children includes: a) The birth registration form and the parent-child recognition registration form according to the prescribed templates; b) The birth certificate or substitute documents for the birth certificate as prescribed in Clause 1, Article 16 of the Law on Civil Status; c) Evidence proving the parent-child relationship as prescribed in Article 14 of this Circular.

3. The order and procedures for processing combined birth registration and recognition of parents and children shall be carried out in accordance with Clause 1 and Clause 2 of Article 16 and Article 25 of the Law on Civil Status for cases under the jurisdiction of the Commune-level People's Committee; and in accordance with Clause 1 and Clause 2 of Article 36 and Article 44 of the Law on Civil Status for cases under the jurisdiction of the District-level People's Committee.

The content of the birth registration is determined according to Clause 1, Article 4 of Decree No. 123/2015/NĐ-CP and Article 6 of this Circular. The Birth Certificate and the Extract of Parent-Child Recognition shall be issued simultaneously to the requester.

Conclusion: In your case, you can carry out the integrated procedure for birth registration and paternity recognition for your child at the District-level People's Committee where you reside, as per the aforementioned regulations. This allows the father's information to be officially recorded on the child's birth certificate even without a marriage certificate.

Should you have any further questions, please do not hesitate to contact DB Legal for more detailed advice.

Best regards,

DB Legal.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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