DNA testing to find identity for children

Many ironic scenes

In recent times, the People’s Courts at two levels in the province have resolved a number of cases to determine paternity for children, and even cases to determine motherhood for children. Behind each case are stories full of the feelings of mothers who have to take their children to court to regain their identity.

In 2021, Mr. NVT (in Tu Ky district) and Ms. NTVT developed feelings for each other when both had not yet completed divorce proceedings with their legal spouses.

By the end of 2022, the two officially ended their previous marriage to come together. After that, Ms. T. gave birth to a baby girl at Hai Duong Maternity Hospital, planning to name the child A. Although Mr. T. identified A. as his biological child, because the child was born when Ms. T. was still married to her ex-husband, he could not stand in his name to make the birth certificate for the child.

It was not until 2024 that Mr. T. conducted a DNA test to confirm the blood relationship. From there, he filed a request to the Tu Ky District People's Court to declare him the biological father of child A. After reviewing the documents and evidence, the court accepted his request.

In another case, Ms. PTH (Hai Duong City) got married in 2019, but due to family conflicts, she separated from her ex-husband in 2019.

During this time, Ms. H. had a relationship with Mr. VVT and gave birth to a baby boy in 2021. After divorcing her ex-husband, Ms. H. married Mr. T. in 2023.

To ensure the legal rights of his child, Mr. T. conducted a DNA test and requested the People's Court of Hai Duong City to determine the father-child relationship between him and the child. After reviewing the records, the court declared Mr. T. to be the child's biological father.

Not only stopping at cases of determining the father, there are cases that also pose a special legal situation when the biological father voluntarily acknowledges the child. In October 2020, Mr. PQH (in Cam Giang district) during his treatment got to know and had a relationship with Ms. NTVA.

After learning that Ms. A. was pregnant, Mr. H. did not want to keep the child and gave her money to have an abortion, but Ms. A. decided to give birth. In 2021, Ms. A. gave birth to K. in Hanoi.

Later, Mr. H. proactively contacted, provided child support, and took a DNA sample to confirm the bloodline. With the results of the test, Mr. H. requested the People's Court of Cam Giang District to determine the father-child relationship and committed to providing 3 million VND/month in child support until K. turned 18 years old.

In general, although the circumstances of each case are different, the common point is that the children all have a legal father according to their legal birth certificate.

When the mother had to stand in court

No one wants to have to stand in court to prove their biological relationship with their child. But for many reasons, many mothers still have to seek legal protection to ensure the rights of their children.

Ms. NTC (in Kinh Mon town) and Mr. NTA (in Hanoi) had a child together in 2021 but did not have a birth certificate. When admitted to the hospital to give birth, these two people, for personal reasons, used the fake name "Hoang Khanh Ngoc" for Ms. NTC. Therefore, Ha Dong General Hospital has no basis to issue a birth certificate.

Up to now, Ms. C. wants to make a birth certificate for her child but has no basis because the records do not match. To resolve the problem, they have done a DNA test and requested the Kinh Mon Town People's Court to confirm the father-child and mother-child relationship.

After reviewing the documents, the court accepted the request, creating a legal basis for her child to be registered with the correct status.

The mother’s psychology when having to go to court to confirm her child’s bloodline is unbearably tormenting. Although she knows that DNA testing is an important scientific basis, standing before the law to protect her child’s rights is also a challenge.

Some mothers like Ms. T. and Ms. H. have to take their children to court because of legal constraints in their previous marriages; others are caught up in the consequences of wrong choices in the past. They not only face legal pressure but also have to face public opinion, comments from society and family.

Judge Dinh Thi Thuy Hanh (Gia Loc District People's Court) said that most of the cases of determining paternity that the court resolved were related to children who did not have birth certificates or whose birth certificates did not match the biological parents. Determining paternity is not only for the benefit of the child but also ensures related rights and obligations such as inheritance rights and custody rights.

From a legal perspective, if a husband or wife has a child before divorcing the ex-partner, it violates the regulations on monogamy and can be subject to an administrative fine of 3-5 million VND. However, the most important thing is to protect the rights of the child. Because children born have the right to be registered at birth, have legal parents and enjoy the rights prescribed by law.

Looking back at the resolved cases, it can be seen that determining bloodline through the court not only has legal significance but also demonstrates the struggle of mothers for the legitimate rights of their children.

Behind each trial are feelings, tears and hopes for the child's future - a future protected by law and recognized by society.