The first instance verdict was overturned in the dispute over a 3-year-old girl whose father is Chinese.

(Baonghean.vn)- On December 5, Nghe An Provincial People's Court announced that it had opened a civil appeal hearing, annulling the verdict on the adoption dispute of Ky Son District People's Court for retrial.

Previously, on December 30, 2017, Ms. Vi Thi H (residing in Tuong Duong district) sued Ms. Luong Thi B. (residing in Ky Son district) requesting Ms. B. to return her daughter to H.

The case file shows that in 2013, H. was persuaded by friends to go to China to get married. In January 2014, H. gave birth to a daughter in China. Three months after giving birth, due to abuse and beatings by her husband's family, H. took her baby and fled back to Vietnam.

When she returned home, H.'s father, mother, and brother were all in prison, and she had no home, so on April 14, 2014, H. brought her child to Mrs. B. to raise while she looked for work. After sending her child to Mrs. B. to raise, Mrs. B. named the child Nguyen Thi Ha D.

Baby Nguyen Thi Ha D. was brought to the appeal hearing. Photo: KA

When the child was over 2 years old (June 2016), H. had stabilized her life. H. went to Mrs. B.'s house to ask to take the child back to raise, but Mrs. B. did not accept. After many times asking for the child back, Mrs. B. refused to return the child to H., so H. filed a lawsuit with the People's Court of Ky Son district, requesting Mrs. B. to return the child. The DNA test results showed that H. was the biological mother of D.

Ms. B. said: "After two years of raising the child, the love has deepened and she does not want to leave the child." In case the Court requests that the child be returned to H, Ms. B. requests that H. pay her 350 million VND in wages for raising the child.

On June 29, 2017, the People's Court of Ky Son district held a first-instance trial and declared: D. is H's biological child, forcing Ms. B. to return D. to H - the child's mother, who directly raised him. Regarding court fees, Ms. B. was forced to pay 300,000 VND in court fees. After that, Ms. B. appealed to the appellate court.

At the appeal hearing, the panel of judges allowed H. and Ms. B. to reach an agreement on child support, but the two parties could not reach an agreement.

The appellate court held that the first instance court's decision to return D. to H. was correct, but Ms. B.'s request to return child support was not considered by the appellate court. Therefore, the court annulled the first instance judgment for a retrial.

In addition, during the time H. left her child with Ms. B. to raise, H. sent Ms. B. VND 80 million to raise the child and lent to Ms. B. Therefore, also on June 29, 2017, the People's Court of Ky Son district tried the case of a property loan contract dispute and ordered Ms. B. to pay H. VND 50 million in loan money.

Thus, after 3 years of sending her child to someone else to raise, H. still has not been able to claim her child back to raise.

Khanh An