I. Introduction
The issue of inheritance rights of children born out of wedlock is one of the most complex and sensitive legal matters in the field of civil law in Vietnam. Traditionally, society has held various prejudices against children born outside lawful marriage; however, modern civil law recognizes equal inheritance rights for children born out of wedlock and legitimate children, provided that the parent-child relationship has been legally established.
A proper understanding of the inheritance rights of children born out of wedlock not only protects the legitimate interests of such children but also ensures fairness and stability in inheritance relations.
II. Legal Basis
The principal legal instruments governing this matter include:
1. Civil Code 2015 (amended and supplemented in 2022)
- Articles 676 and 677: Provisions regarding children, their rights and obligations, and determination of parent-child relationships;
- Articles 649–659: Provisions on inheritance rights, estate distribution, and principles governing intestate succession.
2. Law on Marriage and Family 2014
- Article 88: Determination of children born out of wedlock and their rights and obligations toward their parents.
3. Implementing Regulations of the Civil Code and the Law on Marriage and Family
- Decree No. 126/2016/NĐ-CP guiding the implementation of several provisions of the Law on Marriage and Family, including guidance on determining the rights of children born out of wedlock.
III. Detailed Legal Analysis
1. Concept of a Child Born Out of Wedlock
According to Article 88 of the Law on Marriage and Family 2014:
“A child born out of wedlock is a child born when the parents had not registered their marriage at the time of the child’s birth, but who is recognized as the biological or legal child of the father or mother.”
Accordingly, a child born out of wedlock is a child not born within a lawful marital relationship but who is still recognized as the child of the father or mother through birth registration, DNA testing, or acknowledgment by the parent(s).
2. Inheritance Rights of Children Born Out of Wedlock Under Vietnamese Law
a) Intestate Succession
Article 676 of the Civil Code 2015 provides:
“Children, parents, spouses are first-line heirs of the deceased.”
Accordingly, children born out of wedlock also belong to the first line of heirs, similar to legitimate children.
Article 649 of the Civil Code 2015 further stipulates:
“Heirs at law are entitled to inherit the estate if they are alive at the time the succession is opened.”
Article 651 provides that where multiple heirs belong to the same line of succession, the estate shall be distributed equally among them unless otherwise specified in a lawful will.
Observation
Children born out of wedlock are entitled to the same inheritance rights as legitimate children, except where the parent leaves a valid will providing otherwise. Nevertheless, the will must still ensure the minimum rights of compulsory heirs under the law.
b) Testamentary Succession
Pursuant to Article 630 of the Civil Code 2015:
“A testator has the right to dispose of all or part of his or her property to any person, including children born out of wedlock.”
Article 645 further provides that:
A will must not infringe upon the minimum inheritance entitlement of compulsory heirs, including children born out of wedlock, unless such persons refuse the inheritance or are otherwise disqualified under the law.
Observation
Children born out of wedlock may inherit under a will in the same manner as legitimate children, provided that their minimum compulsory inheritance rights are protected where applicable.
3. Procedures for Recognition of Inheritance Rights of Children Born Out of Wedlock
a) Establishment of Parent-Child Relationship
A father, mother, or any person with related interests may initiate court proceedings requesting judicial determination of the parent-child relationship if such relationship has not yet been officially recognized.
Legal basis:
- Article 89 of the Law on Marriage and Family 2014;
- Article 80 of the Civil Procedure Code 2015.
b) Estate Distribution Procedures
- If the parent dies without leaving a will, the estate shall be distributed according to intestate succession among first-line heirs, including children born out of wedlock.
- If a will exists, the court shall examine its validity and ensure the minimum inheritance rights of children born out of wedlock if they belong to the category of compulsory heirs.
Observation
Children born out of wedlock may first be required to complete procedures establishing the parent-child relationship before they are entitled to receive their inheritance share.
4. Comparison of Rights Between Legitimate Children and Children Born Out of Wedlock
| Criteria | Legitimate Children | Children Born Out of Wedlock |
| Line of succession | First line of heirs | First line of heirs |
| Intestate succession | Equal entitlement | Equal entitlement |
| Testamentary succession | According to the will (minimum rights protected) | According to the will (minimum rights protected) |
| Inheritance procedures | Usually direct if relationship already recognized | May require judicial recognition or birth certificate confirmation |
| Minimum inheritance rights | Protected by law | Protected by law |
Observation
In principle, Vietnamese law does not distinguish between the inheritance rights of legitimate children and children born out of wedlock. The primary difference lies only in the procedures required to prove the parent-child relationship.
IV. Conclusion
Current Vietnamese law ensures equal inheritance rights between legitimate children and children born out of wedlock in the distribution of their parents’ estate.
Children born out of wedlock:
- Belong to the first line of heirs and are entitled to inherit under intestate succession or by will;
- Are protected regarding minimum inheritance rights if they fall within the category of compulsory heirs;
- May be required to complete procedures establishing the parent-child relationship if such relationship has not yet been legally recognized.
Therefore, although evidentiary procedures may be more complex in practice, children born out of wedlock are, in principle, treated equally to legitimate children with respect to inheritance rights. This approach is consistent with modern legal trends, principles of fairness, and the protection of the rights and interests of all children regardless of whether they are born within or outside lawful marriage.
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Khuong Ngoc Lan