Divorced from her ex-husband for 1 year, a woman in Dak Lak discovered that her son was not blood related to her ex-husband but was the child of another man, so she sued to have the court recognize her child’s father.
February 29, reporter’s source Dan Tri, confirms that the authorities in Buon Ma Thuot city (Dak Lak) have adjusted according to the provisions of the law on civil status for a case in determining the relationship between father, mother and child according to the judgment of the People’s Court. city people.
In this case, a nephew’s surname is changed, recognizing the father-child relationship.
According to the verdict of the People’s Court of Buon Ma Thuot City, in 2007, Ms. Hanh married Mr. Nam and later gave birth to 2 children.
Birth certificate (Illustration photo: Uy Nguyen).
By 2020, Mr. Nam and his wife were unhappy so they filed for divorce. After that, the court granted the couple an uncontested divorce and agreed to hand over the two children to Ms. Hanh to raise, and Mr. Nam would provide for the two children until they turned 18 years old.
About a year after the divorce, Mrs. Hanh suspected that her 6-year-old son was not Mr. Nam’s child but the child between her and Mr. Quy (Mrs. Hanh and Mr. Quy registered their marriage in June 2021). Therefore, she did a DNA test to determine her son’s blood relationship at the Vietnam Genetic Technology Center.
The results determined that Mr. Quy and Ms. Hanh’s son had a father-child relationship with a frequency of 99.9%.
Therefore, Ms. Hanh filed a lawsuit requesting consideration according to the retrial procedure, canceling the decision recognizing the divorce between her and her ex-husband to resolve it according to the law.
At the retrial decision of the High People’s Court in Da Nang, it decided to cancel the recognition of the divorce between Ms. Hanh and Mr. Nam, the agreement between the parties.
After that, the People’s Court of Buon Ma Thuot City opened a first instance trial of the civil case Dispute to determine paternity, thereby accepting the lawsuit request of Ms. Hanh, the defendant in the case is Mr. Nam (Mrs. Hanh’s ex-husband).
However, Mr. Nam did not come to court to work according to the summons nor did he send a document to the court, so the court could not record Mr. Nam’s testimony.
Through relevant documents, the Trial Panel determined that Mr. Quy and Ms. Hanh’s son were related by blood.
Mr. Quy has the right to contact the competent civil status registration agency to make notes according to the provisions of law on civil status, the parties in the relationship determine the related father, mother, and children according to the provisions on civil proceedings. the.
According to an official of the People’s Court of Buon Ma Thuot city, this is a quite rare case.
