In Vietnam, is it permissible to change surname of adopted child to adoptive mother's?

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 25/06/2022

In Vietnam, is it permissible to change surname of adopted child to adoptive mother's? What are procedures to change surname of adopted child to adoptive mother's in Vietnam? Hello Lawnet. I have just adopted a child. Now, I want to change her surname to mine. Is it permissible to change surname of adopted child to adoptive mother's? Looking forward to your answer.

    • In Vietnam, is it permissible to change surname of adopted child to adoptive mother's?

      Pursuant to Article 27 of the Civil Code in 2015 stipulating right to change surnames as follows:

      1. An individual has the right to request a competent authority to recognize a change of a surname in any of the following cases:

      a) Changing the surname of a natural child from biological father’s to biological mother's or vice versa;

      b) Changing the surname of an adopted child from biological father’s or mother’s to adoptive father's or mother’s at the request of the adoptive parents;

      c) If a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the surname which is given by the biological father or mother;

      d) Changing the surname of a person whose biological parents have been identified upon the request on that father or mother or such person;

      dd) Changing the surname of a lost person who has discovered the origin of his/her bloodline;

      e) Changing the surname of a person to his/her spouse’s in the marriage and family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen or retrieves his/her surname before the change;

      g) Changing the surnames of children upon the change of surnames of their father’s or mother’s;

      h) Other cases prescribed in by law on civil status affairs.

      2. The changing of the surname of a person who is nine years of age or older shall be subject to the consent of such person.

      3. The changing of a surname shall not change or terminate the civil rights and obligations which were established in the former surname.

      As regulations above, you are allowed to change change surname of adopted child to yours. In addition, if your child is nine years of age or older, the change must be accepted by your adopted child.

      What are procedures to change surname of adopted child to adoptive mother's in Vietnam?

      Pursuant to Article 28 of the Law on Civil Status in 2014 stipulating procedures for registration of civil status change and correction as follows:

      1. Requesters for registration of civil status change or correction shall submit declarations, made according to a set form, and relevant papers to the civil status registration agency.

      2. Within 3 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the civil status change or correction is proper and compliant with civil and relevant laws, the justice and civil status officer shall record such change or correction in the civil status book and together with the registration requester sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

      In case of civil status change or correction related to birth certificates or marriage certificates, the justice and civil status officer shall record the change or correction content in these certificates.

      In case of necessity to verify, the time limit may be prolonged for no more than 3 working days.

      3. In case of registering civil status change or correction not at previous places of civil status registration, commune-level People's Committees shall issue written notices together with civil status extract copies to People's Committees of previous places of civil status registration for recording in the civil status book.

      In case the previous place of civil status registration is a representative mission, the commune-level People's Committee shall issue written notices together with civil status extract copies to the Ministry of Foreign Affairs for forwarding to the representative mission for recording in the civil status book.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you