How much is the fine for having a child without a marriage certificate

1) Where an urban resident gives birth to a second child in violation of the provisions of these Regulations, social maintenance fees shall be levied at three times the annual per capita disposable income of the urban resident in the county (city, district) in the previous year. Those who are state functionaries shall not be eligible for childcare subsidies and hardship subsidies for three consecutive years from the month of birth of the child, and shall be given administrative sanctions in accordance with the law, except for the social maintenance fees levied on the basis of urban residents; Other personnel shall be given disciplinary sanctions by the unit or organization to which they belong.

2) Where a rural villager gives birth to a second child in violation of the provisions of these Regulations, social maintenance fees shall be levied at three times the annual per capita net income of the rural villagers in the county (city, district) where they are located in the previous year.

3) Where the conditions for having another child are met, but the legal interval for giving birth is not reached, a social maintenance fee of 500 yuan is levied on each of the parties for each year in advance, and less than one year is calculated as one year.

4) If the first child is born without performing the marriage registration formalities, a social maintenance fee of 500 yuan shall be levied on each of the parties. In items (1) and (2), if the actual annual income of the person concerned is higher than the annual per capita disposable income of urban residents or the annual per capita net income of rural residents, and has been verified by the county-level family planning administrative department, the social maintenance fee shall be levied at three times the actual annual income. The per capita income is different in different places, so the amount of the fine is also different, which can be referred to according to the local per capita income.

Now they all get married only when they have children, and they can get married first without getting a marriage certificate, and they are doing it when they are old.

Legal analysis: Children born out of wedlock are subject to social maintenance, and the amount of maintenance is based on local regulations. Both men and women shall pay social maintenance fees in accordance with the "Measures for the Administration of the Collection of Social Maintenance Fees" and the provisions of these Regulations, and shall not enjoy the benefits provided for in paragraph 3 of Article 30 of these Regulations.

For the collection of social maintenance fees, urban residents shall be based on the annual per capita disposable income of urban residents in the city divided into districts or counties (cities) in the year before the birth of the child; Rural residents shall be levied on the basis of the annual per capita net income of rural residents in townships (towns) in the year before the birth of the child. Where the actual income is more than twice the annual per capita disposable income of urban residents or the annual per capita net income of rural residents, in addition to paying social maintenance fees in accordance with the provisions of paragraph 3 of this article, the part of the social maintenance fees in excess of the per capita income shall also be paid one to two times the social maintenance fees.

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.

Legal analysis: 1. If the conditions for giving birth to another child are met, and the child is born without obtaining a birth certificate, it will be levied at 30% of the total income of the previous year. After the collection of social maintenance fees, the birth certificate will be reissued.

2. Those who meet the legal requirements for marriage and give birth without a marriage certificate shall be levied at twice the total income of the previous year.

3. If the first child is born under the legal age of marriage, it shall be levied at three times the total income of the previous year.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 18 The State advocates marriage and childbearing at appropriate age and eugenics. A couple can have three children.

Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of another child. The specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.

Ethnic minorities should also practice family planning, and the specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.

Where there are inconsistencies between the provisions on the reproduction of children between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered, they are to be applied in accordance with the principle of benefiting the parties.

Legal analysis: China's population and family planning regulations stipulate that if a person has a child before reaching the age of marriage, it is an illegitimate child. At present, the phenomenon of children born out of wedlock is relatively common.

Children born out of wedlock are generally not punished, but they are required to pay social maintenance fees. In real life, some children born out of wedlock will choose not to register their children in order to avoid paying social maintenance fees. Although this practice can avoid short-term financial losses, it will affect the child's future education.

Legal basis: Article 48 of the "Regulations of the People's Republic of China on Population and Family Planning" stipulates that if a child is born in violation of the provisions of these Regulations, the social maintenance fee shall be levied on both men and women in accordance with the following multiples of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year in the local county, city or district announced by the statistical department: (1) If one more child is born, it shall be levied at two to four times; (2) If there are more than two children, the levy shall be doubled in accordance with the levy standard of the previous child; (3) Where the conditions for reproduction are met but the birth is not approved, it shall be levied at 0.5 times to 1 time; (4) Where the first child has been born for six months after reaching the legal age for marriage without completing marriage registration, but the marriage registration has not been completed, the levy shall be levied at 0.5 times to 1 time; (5) Where children are under the legal age of marriage, they shall be levied at the rate of 1.5 times to 2.5 times; An illegitimate child is a child whose father and mother are not related to each other during conception or at birth. There is a distinction because of the difference in the degree of legal protection afforded to children born out of wedlock.

There is no fine for having a child without a marriage certificate. According to relevant laws and regulations, China currently advocates age-appropriate marriage and childbearing, eugenics, and implements a three-child policy. Supporting measures include the abolition of social maintenance fees and the clean-up and abolition of relevant penalties.

[Legal basis].

The Communist Party of China *****Decision on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population" 3. Organize the implementation of the three-child policy with a good number of children (8) Implement the three-child policy in accordance with the law. The "Population and Family Planning Law of the People's Republic of China" was amended to promote age-appropriate marriage and childbearing, eugenics, and the implementation of the three-child policy. All provinces (autonomous regions and municipalities directly under the Central Government) are to comprehensively consider the population development situation in their respective regions, the simplicity of the work base, and the risks of policy implementation, and do a good job of policy cohesion, and organize their implementation in accordance with law.

9) Abolish restrictive measures such as social care and honorable first alimony. Abolish social maintenance fees, clean up and abolish relevant penalty provisions. Household registration, school enrollment, and employment will be fully decoupled from personal fertility status.

Properly handle issues left over from history in accordance with laws and regulations. In areas where the contradictions between population development and the economy, society, resources, and environment are more prominent, strengthen publicity and advocacy, promote the effective connection between relevant policies benefiting the people and fertility policies, and accurately do a good job in various management services.