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Procedures for making child birth certificate ...

Question:

My own children, as a child I do bring their birth certificate mother. Now children in Grade 1, I want to make a birth certificate for your child to bring their procedures cha.Vay I want to ask how to do (I did not register their marriage).

Reply:

Under the provisions of Point c, d K1 D27 2005 of the Civil Code, individuals have the right to ask the state agency authorized to recognize the changed name of the case: "c) At the request of the father, children when their mother or father is, I give you; d) Changing the name of a child from their father to their mother or vice versa. "Because you are not registered marriages should be prescribed in K1 D11 LHN & Director 2000 "Men and women do not register their marriage and lived together as husband and wife are not legally recognized as husband and wife.", As such, you two are not legally recognized as husband and wife, your children are illegitimate. Therefore, to change the child's surname from their mother to their father, first and foremost, you need to perform the procedures for the recognition of fathers in CPC, your residence or your child.

First: Get their parents to son

Article 34 of Decree No. 158/2005 / ND-CP dated 27/12/2005, as amended and supplemented by Decree No. 06/2012 / ND-CP of the Government dated 2/2/201 (Decree 158 / 2005 / ND - CP) regulations, "Procedures for registration of the father, mother, son," as follows:

"1, The father, mother, children must submit declaration (in the prescribed form). In the case of parents getting their minor children, there must be the consent of the mother or father is, unless that person is dead, missing, lost the capacity or limited capacity for civil acts . Attached to the declaration must present the following documents: birth certificate (original or copy) of the child; The papers, articles or other evidence to prove the relationship of father, mother, son (if any)

3, When you register to receive father, mother, son, and the father, mother, child must be present, unless it is recognized that a parent has died. Justice officials recorded in the civil status register to receive father, mother, son and Decision on the recognition of fathers, mothers and children. CPC Chairman to sign and give each party a copy of the decision on the recognition of fathers, mothers and children. A copy of the Decision is issued at the request of the parties. "

Based on the decision of the father, mother, son, CPC, where birth registration for children scored opening additional sections of parents in the register of birth and the birth certificate of children, if the declaration of parents previously empty. In the case of open part of parents in the register of birth and the birth certificate of the child has another name, not the father or mother, then of the correction procedures must be prescribed in Section 7 of Chapter II of Decree No. 158/2005 / ND-CP.

Second: After completing the registration procedures father, mother, son, you can request a commune-level People's Committees where birth registration for your child you change them from their children to their mother father.

As stipulated in Article 38 of Decree 158/2005 / ND - CP, as amended and supplemented by Decree No. 06/2012 / ND-CP of the Government dated 2/2/201 on "Procedures for registration change, civil status, nationality determined, redefining gender, civil status supplements. ", you must perform the following procedures ::

You must file a declaration (in the prescribed form), the original birth certificate of your child and papers relating to grounds for changing them for your child. Within 03 days from the date of receipt of valid documents, if the change of name of a child you are eligible under the provisions of law, the civil officers of Justice was recorded in the register former student and decide on the change, civil status, ethnic redefine, redefine gender. CPC Chairman to sign and give you a copy of the decision on changing them for your child. A copy of the Decision is available upon your request. Where clarification is needed, the time limit may be extended for not more than 05 days.

author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

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