Giving birth to a child without a marriage certificate is urgent 10

It is called an illegitimate child, and it will be fined by the family planning department.

Legal Analysis: Children born out of wedlock without legal marriage are considered illegitimate children, but they can enjoy the same rights as legitimate children. In the case of having children without marriage, as long as both the man and the woman apply for a marriage certificate in time.

Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently. Code Ming.

Legal analysis: If you have a child without a marriage certificate, you need to pay social maintenance fees, and then go through the child's household registration in accordance with the law.

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.

Note: After the Civil Code came into effect on January 1, 2021, the above legal basis was changed to Article 1071 of the Code of the Civil Mill Bureau of the People's Republic of China, Part 5 Marriage and Family.

Legal analysis: If you are pregnant unmarried or have children before marriage, there are two ways to apply for a birth permit. One is to apply for the marriage certificate first, and then apply for the birth permit, and do not pay a fine for the child's household registration; The second is to apply for a birth permit directly, and if you have already given birth to a child without a marriage certificate, you must pay a fine first and then apply for a birth permit to go to the household.

Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China Citizens who give birth to children who do not comply with the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the law. If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.

Legal Analysis: There are two approaches.

First, the precursor has applied for the marriage certificate, and then the birth permit is processed, and the child is registered without paying a fine;

The second is to directly apply for a birth permit, and if you have already given birth to a child without a marriage certificate, you must pay the fine first and then apply for a quasi-family knowledge certificate to go to the household registration.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047 The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

If you want to have a child without a marriage certificate, please don't panic or be scared. According to the latest regulations, it is okay to have a child without a marriage license. According to the "Decision on Implementing the Comprehensive Two-Child Policy and Reforming and Improving the Management of Family Planning Services" issued in 2015, under the guidance of the basic principles of people-oriented, innovative development, rule of law guidance, and overall promotion, the birth registration service system has been established.

Therefore, as long as you go through the birth registration service locally, you can have a child, but without a marriage certificate, it may be more troublesome when registering a child.

Legal basis] Decision on the Implementation of the Comprehensive Two-Child Policy and the Reform and Improvement of the Management of Family Planning Services

Reform the management system for childbirth services. Implement a birth registration service system, and for those who give birth to less than two children (including two), there is no examination and approval, and the family arranges the birth independently. Improve the management of remarriage and other situations of reproduction.

Optimize the work process, simplify the handling procedures, and fully implement online services to further simplify administration and facilitate the people. Investigate and deal with multiple births outside the policy in accordance with laws and regulations.

Opinions on Solving the Problem of Hukou Registration for Persons Without Hukou Guo Ban Fa 2018 No. 96: Register permanent residence for persons without hukou in accordance with the law.

1. Persons without hukou who do not comply with the family planning policy. For persons without hukou who give birth outside the policy or out of wedlock, they or their guardians may apply for permanent residence registration with the "Medical Certificate of Birth" and the household registration booklet of one of the parents, the marriage certificate or the explanation of the birth out of wedlock, in accordance with the policy of voluntarily settling down with their father and mother.

Persons who apply to settle down with their fathers who give birth out of wedlock without hukou must also provide a paternity certificate issued by a qualified appraisal agency.

2. Persons without hukou who have not applied for the "Birth Medical Certificate". For persons born in midwifery institutions without hukou, they or their guardians may apply for a "Medical Certificate of Birth" from the midwifery institution;

For persons without hukou who are born outside the midwifery institution, they or their guardians shall provide a paternity certificate issued by a qualified appraisal agency and apply for a "birth medical certificate" from the agency entrusted by the county-level health and family planning administrative department in the place where they intend to settle.

Regulations of the People's Republic of China on Household Registration

Article 3: Public security organs at all levels are in charge of household registration work.

Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction. Township and town people's committees and public security police stations are the household registration organs.

For those who reside in the internal and public dormitories of government agencies, organizations, schools, enterprises, institutions, and other units, each unit shall designate a special person to assist the household registration authorities in handling the household registration; For scattered household registration, the household registration authority shall directly handle the household registration.

Hello, glad to have your question. Children born out of wedlock without a marriage certificate are born out of wedlock, and the way to settle out of wedlock is to bring the child's birth certificate, father's or mother's ID card and household registration booklet, and paternity certificate to the police station where the household registration is located to go through the household registration procedures.

According to the relevant provisions of the "Regulations of the People's Republic of China on Household Registration", the guardian of a person who gives birth out of wedlock and does not have a hukou can use the "Medical Certificate of Birth" and the household registration book of one of the parents and the description of the birth out of wedlock, in accordance with the policy of voluntarily settling down with the father and mother, to apply for household registration next to the erection. I hope mine is helpful to you and I wish you health and happiness every day, thank you.