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Under the Marriage Act, it is recommended that a couple have one child. Those who meet one of the following special circumstances shall be jointly applied by both husband and wife, and may have another child according to the population plan and interval provisions upon examination and approval by the county-level (including county-level cities and districts, the same below) family planning administrative department
1) The only child suffers from a non-hereditary disability and cannot grow into normal labor after being assessed by a medical appraisal organization for sick and disabled children at the municipal level (excluding county-level cities) or above;
2) Remarried couples where one party has given birth to one child and the other party has not given birth; or where both parties have each given birth to one child before remarriage, and the judgment or divorce agreement at the time of divorce determines that the child is with the former spouse, and the new family has no children;
3) Those who have been infertile for more than five years after marriage, who have been assessed by a health care institution at the county level or above to suffer from infertility, and who have adopted a child in accordance with law and then become pregnant;
4) An only child marries an only daughter;
5) One of the husband and wife has been working in a mine or deep water for more than five consecutive years, and is still engaged in that work;
(vi) Both husband and wife belong to the agricultural population and the first child is a girl.
According to point 3, you should not be allowed to have a child
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All of the above is 2b!!Southerners can have 2 children, are you in the south or in the north? Isn't it yours to take the child for the time being! You can go and have a child, and you're consulting the relevant authorities for help, and that's it!
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Most of the family planning regulations in various places stipulate this:
A reunited family where one parent has only one child and the other parent has no children is allowed to have another child.
According to the regulations, you do not have the right to have another child, and you can consult your local family planning department for details.
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If you go abroad, no one cares how many you have.
I highly recommend that couples who are married for the second time have another child and have a child together.
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The law says: No! If you can return the child to your ex-husband!
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OK! The law awards the child to the father, in the legal sense of the ex-husband's! You can give birth to one.
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For the sake of prudence, it is recommended that you consult the local family planning department, and they will give you an accurate answer.
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According to the family planning law, reproduction is not allowed.
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Legal Analysis: Children are the crystallization of marriage, and having a common child will allow couples to have the same goals. However, in many second-married families, one of the spouses may already have a child, and having another child at this time will undoubtedly add pressure to life, but second-married couples need a common goal, and having a common goal can maximize the benefits, and having a common child is undoubtedly the best choice.
Families without a common goal are prone to suspicion of each other and even have different children, especially if one of the spouses has one child.
Legal basis: "Civil Code of the People's Republic of China" Article 1043 Families shall establish a good family style, promote family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.
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1. Can both parties have children and have children after remarriage?
If both parties to the restructured family meet the conditions for childbearing, then it is possible to have children.
According to the new policy of remarriage and having a second child, the Family Planning Law stipulates that remarried couples must have less than two children before they can have children.
Article 15 If both husband and wife meet any of the following conditions, they may request to have another child:
1) After being identified by the medical appraisal organization for sick and disabled children determined by the administrative department of population and family planning of a districted city, autonomous prefecture or province, the first child has a disability or the first child is a twins or multiple births that are disabled and cannot grow into a normal labor force, and it is medically considered that they can have another child.
2) Remarried couples, where one party gave birth to two or fewer children (including lawful adoption, the same below) before the remarriage, and the other party has not given birth to children.
3) Where a remarried couple each had one child before the remarriage, and the minor children were determined to be with the former spouse by a judgment in accordance with law or a divorce agreement at the time of divorce, and the new family has no children.
4) Remarried couples, each of whom had one child before the remarriage, and the new combined family has only one child, but the child is a disabled child and cannot grow into a normal labor force, and is medically considered to be able to have another child.
5) Neither husband nor wife has ever given birth to a child before marriage, but after marriage has been assessed by a medical or health care institution at or above the county level to suffer from infertility, and then becomes pregnant after adopting a child in accordance with law.
6) The husband and wife are only children and have only one child.
7) One of the husband and wife has been working in a mine or deep water for five consecutive years, and is still engaged in that work and has only one child.
8) The husband and wife are rural residents (agricultural population, the same below) and have only one child and are girls.
9) Both parties are returned overseas Chinese or Hong Kong, Macao and Taiwan residents residing in the Mainland, and only one child is residing in the Mainland.
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Yes, after all, there is a crystallization of love between husband and wife, which is called husband and wife.
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Now that the third child is open, those who have the ability can work overtime to give birth.
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One party has not given birth to children before marriage, and the other party has given birth to one or two children before marriage;
Both parties have given birth to one child before marriage, and both parties are only children;
Both parties have each given birth to a child before marriage, one of whom is an agricultural household registration in the city and one of whom is an only child;
Each of the parties has given birth to a child before marriage, and the child born to one of the parties has been identified as having a non-hereditary disability by a district, county, or city medical evaluation institution for sick and disabled children, and cannot grow into a normal labor force.
The conditions for reproduction due to special circumstances shall be separately stipulated by the municipal people**. For specific circumstances, please go to the relevant local authorities to inquire about specific policies.
[Legal basis].Article 1067 of the Civil Code Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.
Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
Article 1068: Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.
Article 1069:Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or post-marital life. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.
Article 1070:Parents and children have the right to inherit each other's inheritance.
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 1072: Stepparents and stepchildren must not be abused or discriminated against.
The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.
Article 1073:Where there are objections to the parent-child relationship and there are legitimate reasons, the father or mother may file a lawsuit in the people's court to request confirmation or denial of the parent-child relationship.
Where there is an objection to the parent-child relationship and there is a legitimate reason, the adult child may file a lawsuit with the people's court to request confirmation of the parent-child relationship.
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After a couple divorces, most of them will choose to remarry, and the relationship between the remarried family is more complicated, especially if both husband and wife have children. Regarding the fact that both parties are remarried families, one party has one child and one party has two children, so can they have another child? I think it mainly depends on the specific situation of the family and the population policy of the area where it is located, and there are mainly the following reasons.
First of all, the birth policy is different in each place, and if it does not comply with the local birth policy, then the remarried family cannot have any more children. Secondly, the newly formed family already has three children, and according to the national family planning law, it can no longer continue to have children, but now that the national three-child policy is open, if you insist on having two children together, there is basically no problem. Finally, the cost of having a child is very high, and it takes a lot of energy for both parents to raise a child.
1. Consult the local family planning department and follow the policies stipulated by the state.
The birth policy is different in each place, and if it does not comply with the local birth policy, then the remarried family cannot have any more children.
2: It mainly depends on who has custody of the previous good children of both parties, if it belongs to the ex-wife or ex-husband, it is possible to have children with the new wife (husband) again.
The newly formed family already has three children, and according to the national family planning law, it can no longer continue to have children, but now that the national three-child policy is open, if you insist on having children in common, there is basically no problem.
Three: the economic conditions of the family.
Nowadays, the cost of having a child is very large, and it takes a lot of energy for both parents to raise a child.
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It is possible to have another child, but before having a child, you should discuss it with your own child so that they do not have a rebellious mentality, so that both parties have their own children, and the relationship will be stronger.
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I think this issue should be discussed with these two children, after all, they are also part of the family, and some children will not mind having one more family member, but a little will be more resistant.
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If the economic conditions are better, it is possible to have children, but if the economic conditions are not very good, it is better not to have children.
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Legal analysis: The regulations on whether both parties to a remarried family can have children are different in different places, taking Shandong as an example, in the following three situations: 1. One of the remarried couples has given birth to two children, and the other party has not given birth or has given birth to one child, and there are no children together after remarriage; 2. One of the remarried couples has given birth to a child, and the other party has not given birth, and has given birth to a child together after remarriage; 3. The remarried couple each has one child, and after the remarriage, they have already given birth to one child together.
Legal basis: "Shandong Provincial Population and Family Planning Regulations" Article 20 In any of the following circumstances, another child may be born upon approval: (1) the husband and wife give birth to two children, and one of the children has been identified as sick or disabled in accordance with the law, and cannot grow into a normal labor force, and is medically considered to be able to have another child; (2) The husband and wife have suffered from infertility and the woman becomes pregnant again after adopting two children in accordance with law; (3) Where one of the remarried couples has given birth to two children, but the other party has not given birth to or has given birth to one child, and has not had children together after remarriage, (4) One of the remarried couples has given birth to one child, and the other party has not given birth, and has jointly given birth to one child after remarriage; (5) The remarried husband and wife each give birth to one child, and after the remarriage, they have already given birth to one child together; (F) the provincial people's ** health and family planning administrative departments identified other circumstances.
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Legal analysis: The regulations on whether both parties to a remarried family can have children are different in different places, taking Shandong as an example, in the following three situations: 1. One of the remarried couples has given birth to two children, and the other party has not given birth or has given birth to one child, and there are no children together after remarriage; 2. One of the remarried couples has given birth to a child, and the other party has not given birth, and has given birth to a child together after remarriage; 3. The remarried couple each has one child, and after the remarriage, they have already given birth to one child together.
Legal basis: Shandong Provincial Population and Family Planning Regulations Article 20 Those who have one of the following commas may have another child upon approval: (1) The husband and wife have two children, and some of the children have been identified as sick and disabled children in accordance with the law, and cannot grow into a normal labor force, and are medically considered to be able to have another child; (2) The husband and wife have suffered from infertility and the woman becomes pregnant again after adopting two sons in accordance with law; (3) Where one of the remarried couples has given birth to two children, but the other party has not given birth to or has given birth to one child, and has not had children together after remarriage, (4) One of the remarried couples has given birth to one child, and the other party has not given birth, and has jointly given birth to one child after remarriage; (5) The remarried husband and wife each give birth to one child, and after the remarriage, they have already given birth to one child together; (F) the provincial people's ** health and family planning administrative departments identified other circumstances.
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Legal analysis: According to the new policy of remarriage and having a second child, the Family Planning Law stipulates that remarried couples must have less than two children before they can have children.
Legal basis: Population and Family Planning Law of the People's Republic of China Article 18 The State stabilizes the current birth policy, encourages citizens to marry later and have children later, and advocates that a couple have one child; Those who meet the requirements provided for by laws and regulations may request that arrangements be made for the birth of a second 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.
Both parties can put wine for the second marriage, and now people put wine whether it is a child's birthday, full moon, or big or small, but it mainly depends on your own meaning, you can also put it if you are willing to put it, and no one will force it, mainly depends on what you think, thank you, I wish you a happy marriage.
In fact, I have to say that there is a big difference between second-married couples and same-married couples, and it is undeniable that it is in terms of life experienceThe surprise brought by the first marriage is far greater than that of the second marriage, and some feudal ideas in China do believe that there are many problems in the second marriage, and it is indeed controversial in the family, on the other hand, most of the feelings of the second marriage. It also belongs to people who start a family halfway, so this is because the relationship king is more stable and lacks the freshness of the previous relationship, so it will lead to the loss of a lot of fresh interest in life, so you can look at the problem from the following aspects. <> >>>More
Second-married couples have no children after marriage, and their former children should be supported in old age, and they have the obligation to provide for the elderly. This is national policy.
Failure to deal with problems in the marriage, estrangement in the heart, and loss of confidence in the marriage will lead to the failure of the second marriage. In a marital relationship, we must learn to tolerate and understand each other.
Mainly because many times there is not much emotional communication when looking for a second marriage, I just hope that two people can make do with life, but there will be more and more contradictions in life.