Do legitimate children have better rights than illegitimate children?

Updated on society 2024-02-09
5 answers
  1. Anonymous users2024-02-05

    Yes, children born out of wedlock have the same rights as children born in wedlock. Article 25 of the Marriage Law provides that 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. Anonymous users2024-02-04

    Same; Legitimate children refer to children born to a man and a woman who are married. Children born out of wedlock refer to children born to men and women who are not married, commonly known as illegitimate children. Article 1071 of the Civil Code provides:

    Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. The biological parents of a child born out of wedlock shall bear the necessary expenses for the child's birth and education until the child is able to live independently. "Although a child born out of wedlock is a child born of an improper sexual act between a man and a woman, the parents or the father of the child who is suspected of having sex are responsible for such improper sexual acts, and the illegitimate child is not at fault and cannot be transferred to them for the mistakes of his parents.

    Children born out of wedlock enjoy the same rights and are protected by the law as children born out of wedlock, and no one may discriminate against or endanger children born out of wedlock. In order to protect the rights and interests of the illegitimate child, the biological father of the illegitimate child shall bear part or all of the necessary living expenses and education expenses of the illegitimate child until the child is able to live independently. The protection of children born out of wedlock by the law is intended to protect the rights and interests of children, and is in no way an encouragement for people to engage in sexual relations between men and women.

    Those who engage in improper sexual relations and give birth to children born out of wedlock must be condemned by social morality, and those who commit heinous cases must be punished by law.

    A child born out of wedlock is a child born to a man and a woman after a marriage has been established by law, while an illegitimate child is a child born to a marriage before the marriage has been established by law or by an act outside of marriage. Although China's civil code adopts the concepts of legitimate and illegitimate children, the legislation does not define the connotation and extension of these two concepts. Legitimate and illegitimate children, although they are different products of legal and illegitimate, are born in different forms, but their legal status is the same, and they bear the same rights and obligations.

    Rights of children born out of wedlock.

    Children born out of wedlock have the same rights as legitimate children, 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.

    1) The right to demand the upbringing and education of biological parents. If the biological parents or one of the parents does not fulfill the obligation to support and educate, the minor child who is not able to live independently shall have the right to demand maintenance and education expenses from the parents;

    2) Children born out of wedlock have the right to be protected by their biological parents;

    3) Children born out of wedlock have the same rights to inherit the estate of their biological parents as their biological parents' legitimate brothers. No one may interfere with the rights enjoyed by law of children born out of wedlock.

    To sum up the above, illegitimate children cannot be discriminated against in our country, and illegitimate children also enjoy any treatment from the state, but at the same time as enjoying the treatment, they must pay social maintenance fees, so that it can be regarded as legal, so as our parents should also do legal things under legal conditions.

  3. Anonymous users2024-02-03

    There is no difference, the rights in law are exactly the same.

    The difference between a child born out of wedlock and a child born in wedlock mainly refers to the fact that the rights and obligations required are the same in the form of birth. Children born out of wedlock enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual. Children born in wedlock have the same rights to dependency, support, protection, education and inheritance, as do children born out of wedlock.

    Legally, there is no difference between a child born out of wedlock and a child born in wedlock. There is only one point, that is, children born out of wedlock are children born outside of legally recognized marriages, and there is not much difference between the two in terms of child support.

    In short, it is enough to remember one thing about what is an illegitimate child, as long as the child is not born in a legal marriage, it can be called an illegitimate child. However, in real life, there are still some difficulties in determining what is an illegitimate child. This requires some investigation, evidence gathering, and even paternity testing, and so on.

    If the situation is more complex, a lawyer may be used.

    If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support. Parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to request that their adult children pay alimony. Adult children who are financially able to support the elderly are provided with the necessary maintenance expenses when their parents have no financial income, or when the economic income is insufficient to meet the local minimum living needs.

    If the child and the parents live together, the child shall provide the necessary conditions for clothing, food, housing and transportation for the parents; For children who are unable or unwilling to live with their parents, the children shall provide the necessary maintenance for the parents.

    Legal basis: Civil Code of the People's Republic of China

    Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.

    Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

    Article 1068:Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.

    Article 1069:Children shall respect their parents' right to marry, and must not interfere with their parents' divorce, remarriage, or life after marriage. A child's obligation to support his or her parents shall not be terminated by a change in the marriage or marital relationship of the parents.

    Article 1070:Parents and children have the right to inherit from each other.

    Article 1071: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.

  4. Anonymous users2024-02-02

    Legal Analysis: There is no difference between the rights of children born out of wedlock and those of legitimate children. The law clearly stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them.

    Parents have a duty to upbring, educate and protect their minor children. Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

    Legal basis: Article 1071 of the Civil Code of the People's Republic of China is amended to provide that illegitimate children enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual. A biological father or a biological 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.

  5. Anonymous users2024-02-01

    The rights enjoyed by children born out of wedlock include the right to be raised, educated and protected by their parents, and the right to inherit their parents' estate. Children born out of wedlock enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual.

    Liang Kuan, an illegitimate child, has the same rights and obligations as a legitimate child, and their legal status is completely equal to that of a legitimate child. 1. Like a child born in wedlock, a child born out of wedlock has the right to take the father's or mother's surname; The right to demand that the biological father or mother pay for living expenses and education expenses; The right to claim inheritance from the birth father or mother. When a minor illegitimate child causes damage to others, the biological parents are also obliged to bear the civil liability for compensation.

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