There is a marriage certificate, but there is no birth permit, and whether the mother of the child h

Even if she doesn't have any documents, as long as the child is born to her, she has to raise it both morally and socially! That kind of relationship where blood is thicker than water does not change because of incomplete artificial documents!

If you don't raise a child, you're still a human being, how did you grow up.

The Marriage Law clearly stipulates that children born before marriage must also bear the obligation to support, not to mention that you have to do so.

There must be, and as long as you give birth to him, you have an obligation to support him, (no matter what the circumstances).

As long as it can be proved that there is a mother-child relationship, the mother has the obligation to support her. Why didn't the child's mother come home? There's always a reason.

What do you want to get by going to court? It is better to negotiate with the child's mother as much as possible. Although you are husband and wife, you cannot stipulate what activities must be carried out by one of the parties, so there is no good legal way to manage this matter for the time being.

This situation is only a violation of the "Family Planning Law", and the relationship between legitimate children remains unchanged, and they must bear the responsibility of raising them in accordance with the law.

Even if you don't have a marriage certificate, you have to bear the obligation to support you.

It is necessary to give birth in violation of Article 48 of the "Population and Family Planning Regulations" in violation of the provisions of these Regulations.

Social maintenance fees 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 local county (city, district) in the previous year as published 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 according to the levy standard of the previous child;

3) Those who meet the requirements for reproduction but have not been approved to give birth shall be levied at 0.5 times to 1 time;

4) Where the first child has been born for six months after the legal age of marriage has not been registered, but the marriage registration has not been completed, the levy shall be levied at 0.5 times to 1 time;

5) Where a child is born under the legal age of marriage, it shall be levied at the rate of 1.5 times to 2.5 times;

1. Conditions for marriage registration.

1. Both men and women must marry voluntarily (independently).

2. Age of marriage: 22 years old for men. Female: 20 years of age or older.

3. Neither party has a spouse (unmarried, divorced, widowed).

4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations (independent prompting).

2. What materials are required to apply for a birth permit?

1. Marriage certificate, ID card, original and photocopy of household registration book, two marriage certificates. In the case of an unmarried birth or unmarried adoption, the child's birth certificate or child adoption certificate;

2. The husband and wife shall go to the family planning department of their respective household registration places to obtain a certificate of marriage and childbirth of one child, and the village committee or neighborhood committee shall seal it.

3. Bring all the documents and the hospital diagnosis certificate of pregnancy to the woman's family planning department to apply for a birth permit.

4. After the child is born, take the birth certificate to the hospital for registration, the hospital will give a birth certificate, and the child's name will be taken to the family planning department to register with the certificate, and the family planning department will give you a hospital birth certificate, and bring the household registration book, ID card and certificate of both parties to the public security bureau for household registration.

3. When will the birth permit be issued?

According to the regulations, the "birth permit" should be processed before pregnancy. The validity period of the "birth permit" is 2 years, and if you fail to get pregnant and give birth within 2 years after applying for the "birth permit", you should renew a new "birth permit" before the "birth permit" expires.

In addition, you don't have to get a birth permit at any time, as long as you have time, you can do it. Because after the baby is born, a birth certificate is required to apply for a birth certificate, and it is enough to do it before the baby is born.

And many couples are not aware of the problem of applying for a birth permit before becoming pregnant, so Mom.com hereby suggests that if you find out that you are pregnant, it is best to get the birth permit in time at the early stage.

Legal analysis: The birth custody of the unmarried spike date certificate will be awarded to the party that is most conducive to the growth of the minor child, if it is a child under the age of two, in the principle of direct custody by the mother, the child has reached the age of eight hand cherry, should respect its true wishes.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the Bizu Cong People's Court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Children born out of wedlock enjoy the same rights as legitimate children. When parents break up by agreement, they need to start from the children's most important rights and interests, and agree on the ownership of child custody on their own, and if they do not directly raise their children, they need to pay child support, and if they cannot reach an agreement, they can file a lawsuit in court.

Legal basis

If you don't get married, you have a child, and the man has the obligation to raise it. Children born out of wedlock have the same rights as legitimate children, and both parents have the obligation to support them, even if the man does not agree to give birth to a child, after the child is born, the father still has the obligation to support the child. Even if he does not live with the man, the man has to pay a certain amount of maintenance until the child reaches the age of majority and is able to live independently.

1. How to pay child support if you have children without a marriage certificate.

Children born out of wedlock have the same rights as legitimate children, and have the right to demand that their parents pay child support, including children's living expenses, education expenses, medical expenses, and other expenses. A child who does not directly raise a child born out of wedlock shall be the father or mother of the child, and shall bear the child's living and education expenses until the child is able to live independently.

2. Who shall bear the maintenance of children born out of wedlock?

Maintenance for children born out of wedlock is shared between two people. Although the parties did not receive a marriage certificate, both parties are obligated to raise the child if there is a child. If the child lives with one of the parents, the other parent needs to pay child support.

According to the relevant laws and regulations, 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. 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.

3. What should I do if the man is not responsible after pregnancy.

If the pregnant husband is not responsible, the woman may negotiate with the man and require him to bear the child's support, and in addition, the amount of the expenses and the length of the period shall also be determined by the two parties through consultation; If the negotiation fails, a lawsuit may be filed with the people's court, and the court will make a judgment.

If a child is born without a marriage certificate, the custody of the child shall be negotiated between the parents and the parents, and if the negotiation fails, the court shall make a judgment.

In general, children under the age of two years are raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

Legal basis

Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The above is only the current information combined with my understanding of the law, please be cautious for reference!

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with a professional in detail.