What is a child born out of wedlock — and can they inherit?

1. Meaning

Vietnamese law does not give a single statutory definition of a child born out of wedlock. In practice it means a child born to parents who were not spouses to each other under marriage law.

2. Establishing parentage

Under Article 88 of the 2014 Law on Marriage and Family, a child born before marriage registration and acknowledged by the parents is a common child of the spouses. If a parent refuses acknowledgment, evidence is required and the court may determine parentage.

Article 90 affirms a child’s right to claim a father or mother, including when the parent has died. An adult child may claim a father without the mother’s consent, and a mother without the father’s consent.

3. Inheritance rights

Article 651 of the 2015 Civil Code lists first-line intestate heirs, including biological children. Once a child born out of wedlock is established as a biological child of the decedent, that child inherits from the parent on the same footing as other biological children.

4. Parental duties and the child’s rights

Articles 69–70 of the 2014 Law on Marriage and Family set parental duties and children’s rights without discrimination based on the parents’ marital status — including care, education, protection of lawful interests, and corresponding duties of respect and support by the child.

General information only. Parentage and inheritance depend on civil-status papers and, where needed, court decisions. Call VANCATAN for advice on your specific case.