Regarding this issue, Article 15 of the 2014 Law on Civil Status stipulates that within 60 days from the date of birth, the father or mother is responsible for registering the birth of the child; in case the father or mother cannot register the birth of the child, the grandfather or grandmother or other relatives or individuals or organizations raising the child are responsible for registering the birth of the child.

When registering a birth, the person requesting birth registration must submit and present the documents as prescribed in Article 9 of Decree No. 123/2015/ND-CP dated November 15, 2015, including:

The declaration form and birth certificate must be submitted to the civil registration authority. In case there is no birth certificate, a document from a witness confirming the birth must be submitted; if there is no witness, a written guarantee of the birth must be submitted; in case of birth registration for an abandoned child, there must be a record confirming the child's abandonment made by a competent authority; in case of birth registration for a child born by surrogacy, there must be a document proving the surrogacy according to the provisions of law.

Agreement between parents on choosing nationality for child (in case father or mother or both parents are foreigners).

One of the identification documents to prove identity such as passport, citizen identification card or other documents with photo and personal information issued by a competent authority, still valid,...

If the child's parents are married, they must also present a marriage certificate.

Thus, it can be seen that in the case of a child born to parents who only live together without (yet) registering their marriage, the father or mother must still be responsible for registering the child's birth. The person registering the birth must have a birth certificate to submit to the civil registration agency. Accordingly, only the mother's name can be identified on the child's birth certificate, while the father's name is left blank.

To record both father and mother on the birth certificate of a child living together but not (yet) married, based on Article 15 of Decree 123/2015/ND-CP regulating birth registration for children whose father and mother are not yet identified, as follows:

- In case the father is not yet determined, when registering the birth, the child's surname, ethnicity, hometown, and nationality are determined according to the mother's surname, ethnicity, hometown, and nationality; the father's section in the family register and birth certificate is left blank.

- If at the time of birth registration, the father requests to carry out the child recognition procedure, the People's Committee shall combine the child recognition and birth registration; the content of birth registration is determined according to the provisions of Clause 1, Article 4 of this Decree.

Specifically, Clause 1, Article 25 of the 2014 Law on Civil Status stipulates the procedures for registering recognition of father, mother, and child as follows:

The person requesting to register for acknowledgment of father, mother, or child shall submit an application form in accordance with the prescribed form and evidence proving the father-child or mother-child relationship to the civil status registration agency. When registering for acknowledgment of father, mother, or child, all parties must be present.

Pursuant to Article 14 of Circular 04/2020/TT-BTP, regulations on evidence proving the relationship between father, mother and child are as follows:

1. Documents from medical agencies, appraisal agencies or other competent agencies or organizations in the country or abroad confirming the father-child or mother-child relationship.

2. In case there is no evidence to prove the father, mother and child relationship as prescribed in Clause 1 of this Article, the parties acknowledging the father, mother and child shall make a written commitment on the father, mother and child relationship as prescribed in Article 5 of this Circular, with at least two witnesses to the father, mother and child relationship.

Thus, it can be seen that in the absence of DNA testing or identification results, the parties acknowledging father, mother, and child must make a written commitment about this relationship and have at least two witnesses to meet the correct and sufficient regulations to be granted a birth certificate, without requiring DNA testing.

Minh Hoa (t/h)