Is a child conceived during a marriage and born after divorce a child born in or out of wedlock?

After the divorce, it is found that the child who is pregnant and gives birth to a child is an illegitimate child, but the status is the same as that of a legitimate child, and it can be registered as a child. If the child has not yet applied for a household registration, the party who has obtained child custody and wants to register the child needs to go to the place where the parent who has child custody is located after the husband and wife have separate household registration. In addition, divorce by agreement between husband and wife and court mediation and judgment of divorce also have a certain impact on the child's household registration.

If it is an agreed divorce, you must go to the household registration management office of the police station where the household registration is located, and first inform the household registration police to handle the child's household registration after the divorce, and you need to bring the application materials: 1Go to the civil affairs department to get the divorce certificate first; 2.

If the child has registered and wants to move the household registration, you only need to go to the police station where the child's household registration, birth certificate, and husband and wife household registration book are located to apply for moving out; (If the child is still young and has not registered for household registration, a divorce certificate and a medical certificate of birth for the baby are required; Birth Certificate or Family Planning Service Manual; The household registration booklet and other materials of both parents of the infant shall be handled at the place where the parent who has custody of the child is registered. )3.According to the content of the child's belonging contained in the divorce certificate, go to the village committee or neighborhood committee of the place where you need to move in to issue a move-in certificate, and apply for a certificate of permission to move in at the local police station (stamp on the certificate of the neighborhood committee) (depending on the situation, there will be differences) 4

Proof of the place of entry, go to the police station where the child's household registration is located to issue a "Household Registration Migration Certificate"; 5.The "Migration Certificate" shall be registered at the local police station. If it is a court mediation or judgment of divorce, you need to go to the household registration management office of the police station where your household registration is located, and first inform the household registration police that you want to go to the household registration and bring the application materials, you need to:

1.Hold the divorce judgment and the certificate of validity of the judgment (the certificate can be a written opinion signed by the original court manager and stamped with the seal of the court or the seal of the business division); 2.The household with child custody shall go to the police station of the place where the child is to be moved in with the household registration book to issue a permit for relocation; 3.

Go to the police station where your original household registration is located with the permit to move out, and the original police station will sign the opinion on the permit to move out, and then hand over the permit to the police station where you are moving.

Born out of wedlock, not born during the marriage.

Legal analysis: After the divorce, it is found that the child who is pregnant and gives birth to is an illegitimate child, but the status is the same as that of a legitimate child, and it can be registered as a child. If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

If, after the people's court has ruled that the divorce is not allowed, the parties have been separated for one year, and one party files a lawsuit for divorce again, the divorce shall be granted by God Herone.

Children born out of wedlock include: children whose parents are not married and have children; Children born to one of the biological parents who are married and born outside of wedlock to another person; Children born to a void marriage. Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

Children born out of wedlock also enjoy the right to be raised and educated by their parents, the right to be protected by their biological parents, the right to a name, the right to inheritance, etc.

Legal basis: Rent differenceArticle 1071 of the Civil Code of the People's Republic of China.

Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

1.Children born out of wedlock who are related to the deceased are treated the same as children born in wedlock. The legal basis is Article 25 of the Marriage Law

Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

2.If the other heirs believe that the son is not related to the deceased, they should provide evidence to prove that he is not the biological child of the deceased, otherwise it will be regarded as the biological child of the deceased. Because the deceased had recognized the true identity of the child before his death and raised him, in this case, the child has the right to inherit, and there is no need to support the deceased as a condition for inheritance.

The legal basis is Article 10 of the Inheritance Law, which stipulates that inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.