Child s Household Migration Problem 30, Child s Household Migration Problem

You and your son belong to an "illegitimate relationship", that is, children born not in a marital relationship, and most of the countries in the world need to be legalized by illegitimate children, some countries need to be notarized, some countries need to be registered, and some countries need to file lawsuits. China has not yet established a system for the adoption of children born out of wedlock. Article 25 of the Marriage Act:

Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. - The status of children born out of wedlock is based on the fact that the relationship between an illegitimate child and the biological mother generally does not need to be specially proved, and the illegitimate child is treated as the legitimate child of the biological mother.

There are generally two situations in the relationship between an illegitimate child and his biological father: one is voluntarily adopted by the biological father; The second is that the biological father designated by the biological mother does not recognize the child as his birth.

Then through the above content, we can know: you have a legal paternity relationship, your child enjoys normal civil rights, the basic right of identity is absolutely not allowed to be violated by any organization and unit, you only need to bring the child's birth certificate (such as birth certificate), parent-child relationship certificate (such as paternity test), to the location of your household registration jurisdiction for household registration. If the police station dares not to give you a supplementary household registration, it can carry out an administrative lawsuit.

This kind of behavior of yours is called the registration of illegitimate children, and you generally have to pay social maintenance fees in accordance with the "Administrative Measures for the Collection and Administration of Social Maintenance Fees", but I am not in favor of paying them, because Article 3 of the Measures cannot be applied to "illegitimate children", and Article 25 of the "Marriage Law" law makes it very clear that if you dare to collect social maintenance fees, you will "endanger and discriminate". If you ask an acquaintance to apply for a household registration in Sichuan in violation of the regulations, it will be invalid and should be cancelled. Of course, the violation is invalid, which means that your child has not yet registered for the household registration, and the current supplementary entry is the first time to register in the absolute legal sense.

Whoever dares to deny that you are registered for the first time in the legal sense, you can fight a lawsuit with him, and you will definitely win.

The current situation is like this, go to the household registration like a newborn, and do not give the administrative lawsuit according to my analysis. The violation in Sichuan is invalid, written off, and accepted the punishment for this violation, remember: your behavior in Sichuan is a violation, not an illegal act, because it violates the household registration management regulations, not a violation of the household registration law, (if it is a second child, then you can only pay child support, and it is really not that you can't transfer to farming, and you can't move back, but you're talking about a family of three, and the exam is an only child, right?)

Hope it helps.

For the issue of hukou migration, it is recommended to consult the local hukou management department, the lawyer should have no business, and generally do not understand, this is the truth.

There are 5 steps to migrate a child's hukou. They are: 1. Go to the police station where you move in and learn about the required supporting materials; 2. Submit an application for household entry; 3. The competent department of household registration at the place of relocation shall review the application and materials.

If the inspection is qualified, a move-in permit will be issued; 4. Submit materials and certificates to the police station of the current place of origin, and submit an application for moving out to the police station of the current place of origin; 5. The police station of the current household registration shall review and agree, handle the relocation of the household registration, and issue the relocation certificate.

[Legal basis].Regulations of the People's Republic of China on Household Registration》 Article 10 If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain a migration certificate, and cancel his or her household registration.

Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.

Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.

The specific procedures for the child's hukou migration are as follows: 1. The mother writes out the "hukou migration application" for the child's hukou transfer to her own name; At the same time, a copy of the marriage certificate of both husband and wife must be held; The household registration certificate of the husband and the child (issued by the Heng infiltration service office where the husband is located), the certificate is stamped with the "special seal for household registration"; If the mother has a state unit, the employer must issue a certificate of consent to the acceptance of the child in the mother's name. If you don't have a unit, go to the neighborhood committee to issue the procedure (there may be slight differences in the regulations in different places, so you can consult the household registration department of the local office).

2. After you have prepared the above three procedures, send them to the police station that manages your household registration. If the police station approves your application, it will apply for your child's "permit to relocate" for you. 3. This "Permit for Relocation" must be sent to the police station where your husband manages and teases their hukou, and they will issue you a "relocation permit" for your child's hukou.

4. After you get the "Migration Certificate", you must send it to the police station that manages your household registration within the validity period, and the police station will put your child's household registration into your name in time. Article 7 of the "Household Registration Regulations" stipulates that within one month after the birth of a child, the head of the household, relatives, guardians, or neighbors shall report the birth registration to the household registration authority at the place where the baby habitually resides. For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.

Child's hukou migration process:

1. Submit the application for settlement to the police station where you are transferred, and the police station will issue a certificate of acceptance.

2. Wait for the investigation by the household registration police at the place of transfer, and issue a certificate of acceptance from the police station that meets the transfer conditions.

3. Submit the acceptance certificate to the police station; The transfer out of the police station will issue a certificate of permission to move out and close the account at the same time.

4. Submit the certificate of permission to move to the police station and go through the corresponding procedures.

Legal basis] Article 10 of the Regulations of the People's Republic of China on Household Registration, if a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain the migration certificate, and cancel the household registration.