Nam died suddenly. Mai insists her 5-year-old son is Nam’s child — but Nam’s family denies it, so the child is excluded from the estate. The law provides a door: petition the court to determine parentage. Once the father-child relationship is established, the child automatically joins the first heir rank.
Determining paternity after death: whom to petition, where?
Under the 2015 Civil Procedure Code (No. 92/2015/QH13, in force on 19 October 2026), determining parentage is a civil matter within the People’s Court’s jurisdiction. The mother (or the child’s guardian) petitions the court to declare the decedent the child’s father. The practical “respondents” are those contesting the estate — the decedent’s family.
The court weighs evidence: the relationship, cohabitation period, witness statements, messages, photos… and the weightiest scientific proof: DNA testing.
The father is dead — where does the DNA sample come from?
The most practical question. Where direct sampling is impossible, testing uses indirect kinship analysis: samples from the decedent’s parents, siblings, or other children. Indirect kinship testing reaches conclusive results in most cases with sufficient reference samples.
The petitioner advances testing costs; results go to the court as evidence. If the decedent’s family refuses reference sampling, the court weighs that refusal against all evidence — unreasonable refusal usually harms the refusing side.
After determination: succession rights arise immediately
Once the court’s parentage decision takes effect, the child is a natural child in the first heir rank under Article 651 of the 2015 Civil Code — equal to the decedent’s other children, spouse and parents. Any division instrument that “forgot” the child may be reopened.
FAQs
Can a single mother seek paternity determination after the father’s death?
Yes. The mother (or guardian, or the child upon adulthood) may petition without the decedent’s family’s consent.
No DNA sample exists and the family refuses cooperation?
You can still petition. The court considers indirect evidence (messages, photos, witnesses, cohabitation). The family’s refusal to cooperate with testing counts against them — though having reference samples greatly improves success odds.
After determination, can the child claim an already-divided estate?
Re-division may be claimed within the limitation period (Article 623(1): 30 years for immovables, 10 years for movables). If the estate was fully divided, the child sues for their share.
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FLAT Law Firm advises foreign nationals and their families on inheritance, wills, driving licences, health insurance and money transfers in Vietnam. Contact us for advice on your specific case.
