How to open a guardianship certificate

If the ward is a minor, the guardianship certificate shall be issued at the household registration management department of the public security organ; If the ward is a mentally ill person with no or limited capacity for civil conduct, the guardian certificate is to be issued by the residents' committee, villagers' committee, or civil affairs department.

[Legal basis].Article 27 of the Civil Code.

Parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

A guardianship certificate is one that proves that one person is the guardian of another person. The contents of the written certificate include: the ward's name, age, gender, basic information of the biological parents, and whether they are still alive.

If there is a spouse, the basic information of the spouse must also be stated. The issuance of a certificate of legal guardianship shall be issued at the place of household registration and the household registration management department of the public security organ. You need to bring the ID card of the legal guardian, the original household registration book and its copy.

Legal basis: According to Article 27 of the Civil Code, which came into effect on January 1, 2021, parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents; 2) brother and sister; 3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence. Article 28 of the Civil Code: Adults who lack or have limited capacity for civil conduct are to be guardians in the following persons with guardianship capacity in order: (1) spouses; (2) Parents and children; (3) Other close relatives; (4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's domicile.

The details of how to issue a guardianship certificate are as follows:

1. The guardian shall apply for the issuance of the guardian's certificate with his or her ID card, household registration booklet and other relevant supporting materials to the household registration management department of the public security organ at the place where the minor's household registration is located;

2. The legal guardians of minors are their parents, and those whose parents are deceased or have no guardianship capacity are their grandparents, maternal grandparents, brothers and sisters.

[Legal basis].Article 1058 of the Civil Code of the People's Republic of China.

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.

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 1084.

The relationship between parents and children is not extinguished by the divorce of the 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 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.

What are the documents required for the guardianship certificate?

1. The ward's identification materials, second-generation ID card or temporary ID card, household registration book;

2. Provide the identity certificate of the guardian.

If the ward is under the age of 18, the certificate of guardianship of the minor shall be issued at the household registration management department of the public security organ where the minor's household registration is located. If the ward is a mentally ill person with no or limited capacity for civil conduct, the certificate shall be issued by the residents' committee, villagers' committee, or civil affairs department.

Hello, you can apply to the village committee or neighborhood committee.

The child's guardian certificate shall be issued to the public security organ at the place where the minor's household registration is located, and the guardian certificate shall be applied for by the guardian himself with his or her ID card, household registration book and other relevant supporting materials, and the legal guardian of the minor is the parent, and the parent who is deceased or has no guardianship capacity is his grandparents, maternal grandparents, brothers and sisters.

[Legal basis].Article 27 of the Civil Code of the People's Republic of China.

Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Closed parents of grandparents and maternal grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee, or civil affairs department of the place where the minor's residence has collapsed.

Proof of guardianship The guardian may bring the household registration book and ID card of the guardian and the ward, and if there is a legal document to determine the guardianship qualifications, the legal document may be brought to the local village committee where the household registration is located to issue it, but it must be stamped with the seal of the local police station. Or you can directly ask the local police station to issue a certificate and affix a seal.

Article 27 of the Civil Code of the People's Republic of China, which came into effect in 2021, provides that parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) Grandparents or maternal grandparents; 2) brother and sister; 3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.