-
It is possible to inherit the estate.
Household registration: 1. Written application for household registration of the baby's father and mother;
2. Marriage certificate, ID card, household registration book (original and copy) of the baby's parents, and marriage certificate is not required for illegitimate births;
3. The original and photocopy of the baby's birth medical certificate or paternity test certificate (children born out of wedlock must issue a paternity test certificate, which will be issued by an appraisal agency designated by the public security organ);
4. If one of the parents of the baby belongs to a foreign household registration, the public security organ at the place where the household registration of one of the foreign household registration parties is registered shall issue a certificate that the baby has not settled down;
5. The certificate of the neighborhood (village) committee where the baby's father or mother is registered or the police investigation certificate of the police station in the area of responsibility (the official seal of the police station is required).
Article 25 of China's "Marriage Law" stipulates that children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. This law clearly stipulates that even children born out of wedlock have the same rights as legitimate children, and under a system like China, hukou is the basic basis for a person's survival and development, and the right to hukou is a basic right.
Therefore, illegitimate children can also be registered.
-
E-Law answers:
1.Because illegitimate daughters are illegitimate children, illegitimate children do not meet the requirements of the birth policy, so they should be registered in accordance with the laws and regulations of various places to register the household registration of illegitimate children, and pay social maintenance fees. Under normal circumstances, children born out of wedlock can register their children's birth with their mothers, and the child's mother can apply for birth registration at the police station where the child's household registration is located with the child's birth medical certificate, her ID card, household registration booklet, etc.
If there is no medical certificate of birth, the child's mother must go to the relevant judicial department for a paternity test with the paternity certificate issued by the police station, and then apply for birth registration at the police station with the paternity certificate. In addition, in areas where a birth certificate is required, parents must first go to the neighborhood family planning office where their household registration is located to pay a certain amount of social maintenance fees (fines for unplanned births) and implement family planning measures; After that, you can go to the public security organ to register with the receipt of social maintenance fees issued by the family planning department.
2.According to the provisions of the Inheritance Law, children in legal inheritance include children born out of wedlock, and if you want to give her all the inheritance, you can make a will to designate the inheritance to be inherited by her. The general forms of a will include the following:
a.A notarized will shall be handled by the testator through a notary public. b.
The self-written will shall be written and signed by the testator, indicating the year, month and day. c.A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.
d.A will made in the form of a recording shall be witnessed by two or more witnesses. e.
The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.
-
It is the obligation of every citizen of the People's Republic of China to register for the household registration, as long as it is a Chinese citizen, whether it is born in or out of wedlock, it must be registered. However, in this case, if you violate the family planning policy, you may be fined. Our laws also stipulate that legitimate and illegitimate children are equal in inheritance rights.
-
If you want to give all your inheritance to your illegitimate daughter, you can. However, Article 19 of China's "Inheritance Law" stipulates: "The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood."
If your other heirs have any of the above, you should reserve the necessary share of the estate for your other heirs. In fact, it seems that it is too early for you to think about inheritance, because people's minds will change, and when you really need to distribute the inheritance, you may not think so. As for the matter of registering a household registration, if you have a birth certificate, you should be able to register for the household registration, and at most you will be able to violate the family planning policy and pay a fine.
-
If you don't give it, you can't do it, she also has the right to inherit, and as for the hukou, it's very easy to do it.
-
Summary. Hello, illegitimate daughters have the right to inherit family property and inheritance, the situation is as follows: 1. The first order of inheritance is spouse, children, and parents, and the second order is siblings, grandparents, and maternal grandparents. 2. Equality of inheritance rights between men and women, including legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship; 3. After the inheritance begins, it shall be inherited by the first-order heirs, and the second-order heirs shall not inherit, and if there is no first-order heirs to inherit, the second-order heirs shall inherit.
Is it true that an illegitimate daughter can only inherit the inheritance and cannot divide the family property.
Hello, illegitimate daughters have the right to inherit family property and inheritance, the situation is as follows: 1. The first order of inheritance is spouse, children, and parents, and the second order of inheritance is siblings, grandparents, and maternal grandparents. 2. Equality of inheritance rights between men and women, including legitimate children, illegitimate children, adopted children, and stepchildren with dependency relationships; 3. After the inheritance begins, it shall be inherited by the first-order heirs, and the second-order heirs shall not inherit, and if there is no first-order heirs to inherit, the second-order heirs shall inherit.
Hello, according to Article 1127 of the Civil Code of the People's Republic of China, the estate shall be inherited in the following order: 1First order:
Spouse, children, parents; 2.Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir Tong Hail will not inherit; If there is no first-order heir, the second-order heir shall inherit. Children, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
Even if the husband is not dead, he can divide the family property.
Hello, even if your husband is not dead, you can divide the family property, but you must get the consent of your husband to <>
Xiao San forced her husband to sign a property agreement, which was invalid.
Hello, the little three forced her husband to sign a property agreement is not valid, and the property agreement must be voluntarily drafted by the parties to have legal effect.
-
Legal Analysis: Yes. Legally, children born out of wedlock have the same inheritance rights as legitimate children.
Legal basis: Civil Code of the People's Republic of China
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.
Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs will not inherit; If it is not known that there is a first-order heir to inherit, the second-order heir shall inherit it.
For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Note: The Civil Code came into effect on January 1, 2021.
-
If there is a bequest and maintenance agreement, the bequest and maintenance agreement takes precedence; If there is no agreement, there is a will, and it will be inherited according to the will; If there is neither an agreement nor a will, the inheritance is in accordance with the law.
1. Whether an illegitimate child can inherit property under the Civil Code.
How the illegitimate child inherits the property: If the deceased has not entered into a will and bequest and maintenance agreement during his lifetime, the illegitimate child can participate in the statutory inheritance. An illegitimate child inherits property as the heir in first order.
Because children born out of wedlock have the same rights as children born in wedlock, legal inheritance, which also belongs to the first order, is noisy. The share of inheritance inherited by heirs in the same order shall generally be equal. However, if there is a will, the inheritance must be carried out in accordance with the will.
2. Who inherits property and supports the elderly?
In the law, it is not the person who inherits the property and touches the limb who supports the elderly. Maintenance is stipulated that adult children have an obligation to their parents to support, support and protect them.
The provisions of inheritance are: if there is a bequest and maintenance agreement, it shall be inherited according to the agreement; If there is no co-ordination, there is a will, and it will be inherited according to the will; If there is neither an agreement nor a will, the inheritance shall be in accordance with the law.
3. How is the legal effect of the bequest and maintenance agreement determined?
Embodiment of the legal effect of the bequest and maintenance agreement: A natural person may enter into a bequest and maintenance agreement with an organization or individual other than the heir. According to the agreement, the organization or individual undertakes the obligation of the natural person to support the dead and bury, and enjoys the right to receive a bequest.
After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1123 of the Civil Code.
After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127.
The estate is inherited in the following order:
1) First order: spouse, children, parents;
2) 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 inherit; If there is no first-order heir, the second-order heir shall inherit.
-
Hello, you can. "Illegitimate children" refers to children raised by parents in non-marital relationships, including children born of premarital and extramarital sexual acts and adopted children. According to the Marriage Law of the People's Republic of China:
Children born out of wedlock enjoy the same rights as children born in wedlock, and no one is allowed to harm or discriminate against them. The rights of children born out of wedlock are as follows: (1) The right to demand the upbringing and education of their 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 and are blind and have the right to be protected by their biological parents; (3) Children born out of wedlock have the same rights as the legitimate children of their biological parents to inherit the estate of their biological parents. No one may interfere with the rights enjoyed by law of children born out of wedlock. According to the Inheritance Law of the People's Republic of China:
The legal order of succession is: 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 inherit;
-
Children born out of wedlock have the same right to inherit their parents' estate as legitimate children.
When an illegitimate child, such as an illegitimate child, claims the right of inheritance.
Evidence of blood relationship may be collected and provided by means such as paternity testing.
Without evidence of a relationship, it is difficult to be admissible.
The right of inheritance refers to the right of the heir to obtain the inheritance of the deceased in accordance with the law.
There are two meanings:
1) Inheritance in the objective sense. It refers to the qualification of citizens to accept the inheritance of the deceased in accordance with the provisions of the law or the designation of the will before the inheritance begins, that is, the right and ability of the heir to inherit the inheritance.
2) Inheritance in the subjective sense.
It refers to the de facto property rights that the heir already has over the inheritance left by the decedent when the legal conditions are met, that is, the inheritance right that already belongs to the heir and brings him actual property interests.
1. Does having an illegitimate child count as bigamy?
First of all, it needs to be clear that there are two types of circumstances that constitute bigamy:
One is that both or one of the spouses, whose marriage relationship has not been dissolved, and who have registered their marriage with another person;
The second is that although the marriage has not been registered, in fact they live together with others in the name of husband and wife. Violations of monogamy shall not be registered by the marriage registration authorities;
A person with a spouse and a person of the opposite sex outside of marriage openly living together as husband and wife constitutes bigamy; If a spouse and a person of the opposite sex outside of marriage are not commensurate with the outside of marriage in the name of husband and wife, but the people's court will sometimes determine that it constitutes bigamy in accordance with the law based on the actual situation, combined with the judge's discretion, and taking into account the length of time the parties have lived together and the degree of stability.
A person who has a spouse and marries another person, or who marries another person knowing that he has a spouse, shall be punished as the crime of bigamy.
If the other party has an illegitimate child and the situation falls under one of the above two circumstances, the other party constitutes the crime of bigamy. The innocent spouse in the marital relationship may claim damages in the event of divorce against the spouse who has committed bigamy.
2. Sue for divorce for the distribution of property.
In the case of the distribution of property in divorce proceedings, the judge distributes the property according to the following principles:
1. The principle of equality between men and women. This principle is embodied in the division of property in divorce, that is, both husband and wife have the right to divide the joint property equally and the obligation to bear the joint debts equally.
2. The principle of taking care of the interests of children and women. The care here can be done either by giving the woman an appropriate share of the property, or by allocating to the woman a property that is particularly necessary for life, such as housing, in terms of the type of property. At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors.
The legal property of minors cannot be included in the joint property of the husband and wife for division.
3. The principle of good life and convenient life. When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property.
4. If the property owned by one of the spouses is consumed, damaged or lost in the common life, the other party shall not compensate. Complying with the requirements of the relationship between husband and wife and the nature of marital life is conducive to avoiding unnecessary disputes.
Because the woman in red was taken away when she was very young, and she was followed by a man. It may be this man who told the woman in red about her background. It should have been deliberately fabricated just to divide the family property.
In Mrs. Zhen's original words, "Even between ordinary couples, you have to be cautious to preserve your love".
What gift to give to a female leader? This is a headache, after all, women's preferences are very different. However, we can look at different angles and offer you some options. >>>More
Youth is always there, beauty is always there!
I apologize to my girlfriend and am very touched by the following words: >>>More