Dear Lawyer, I want to know more about how to define people of the same direct blood line, ralatives within 3 generations according to the Marriage and family law?

(Ngo Bao Chau, Hung Yen)

Answer:

According to Article 10 of the Marriage and Family law, marriage is forbidden between “people of the same direct blood line, between relatives within 3 generations.”

According to point c.3 section 1 Resolution no.02/2000/NQ-HDTP, between people of the same direct blood line is between parents and children, between grandparents and grandchildren. Between relatives within 3 generations is between people who has the same root: parents are the first generation, siblings and half-siblings are the second generation, cousins are the third generation.”

According to this point, in your case, the 3 generations can be defined as below:

Your great-grandfather is the first generation, your grandfather and your lover’s mother are the second generation, your father and your lover are the third generation, and you are the 4th generation.

Therefore, you and your lover are not within 3 generations according to Marriage and Family law, and not the circumstance of the prohibited marriage. You two can be married legally.

If you need any further instruction about marriage registration procedure, you can contact the local People’s Committee where your hoặc your lover’s permanent residence is.

If the marriage upset your family, you can explain as above to them for comprehension and support.

This document is only used for your reference

Sincerely,

MINH KHUE LAW COMPANY LIMITED

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