From July 1, husbands are not allowed to divorce when their wives are pregnant or have children with someone else.

Clause 3, Article 51 of the 2014 Law on Marriage and Family stipulates that a husband does not have the right to request a divorce in case his wife is pregnant, giving birth or raising a child under 12 months old.

Thus, according to the above regulations, there are 3 cases in which the Court will not accept the husband's divorce request, which are: the wife is pregnant, the wife has given birth, and the wife is raising a child under 12 months old.

To specify the above regulation, Resolution 01/2024/NQ-HDTP of the Council of Judges - Supreme People's Court has specific instructions on cases where the husband is not allowed to request a divorce from his wife.

In the case of a pregnant wife, it is explained as “the period of time the wife carries the fetus and is determined by a competent medical facility until the time of giving birth or the time of terminating the pregnancy”. The husband does not have the right to divorce regardless of who his wife is pregnant with.

This provision is intended to protect the mental and physical health of the wife as well as the unborn child. Pregnancy is a sensitive period for women, requiring stability and support from the husband to ensure the best development of the fetus. If the husband unilaterally divorces during this period, it can cause serious negative effects on the health of both mother and child.

In the case of a wife giving birth: The wife has given birth but does not raise the child from the time of birth until the child is under 12 months old; The wife has given birth but the child dies within 12 months of birth; The wife is 22 weeks pregnant or more and must terminate the pregnancy. The husband does not have the right to divorce regardless of who the wife gives birth to.

In the case of a wife who is raising a child under 12 months old, Clause 3, Article 2 of the Resolution stipulates that the husband has no right to request a divorce within a period of less than 12 months from the date the wife gives birth but does not raise the child or the child dies or the date of termination of pregnancy when the wife is 22 weeks pregnant or older.

A husband cannot divorce when his wife is raising a child under 12 months old, whether biological or adopted.

Young children need special care and the presence of both parents is essential for their overall development. This provision is intended to ensure that children receive adequate love and care from both parents in their early years,

In addition to the three cases specified above, the Resolution also provides guidance in the case of surrogacy for humanitarian purposes. Specifically, the husband of the surrogate mother does not have the right to request a divorce when his wife is pregnant, giving birth or raising a child under 12 months old;

The husband of the surrogate mother does not have the right to request a divorce when his wife is raising a child under 12 months old or when the surrogate mother is pregnant, giving birth or raising a child under 12 months old.

Resolution 01/2024/NQ-HDTP takes effect from July 1, 2024./.