Under Chinese law, who should be awarded to a child born out of wedlock?

There are no special provisions on the custody of children born out of wedlock, and in practice, it is also referred to the handling of custody of legitimate children, and the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" may be referred to.

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

Legal Analysis: Generally, the custody of children shall be decided in accordance with the following provisions:

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. For children over the age of two years, both the father and the mother are required to live with them, and one party may be given priority if they have any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The conditions for the father and the mother to raise the child are basically the same, both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent is able to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

5) On the premise that it is conducive to protecting the interests of the child, if both parents agree to take turns raising the child, it may be permitted.

3. Where both parents agree to live with the father under the age of two, and there is no adverse impact on the healthy growth of the child, it may be permitted.

Legal basis: Civil Code of the People's Republic of China

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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear some or all of Bi Yuanmeng's child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Legal analysis: the two parties negotiate on which party will raise the children born out of wedlock;

If the negotiation fails, a judgment shall be made based on the interests of the child and the specific circumstances of both parties, and the child during the lactation period shall be raised by the mother in principle, and if the father is in good condition and the mother agrees, the father may also be raised;

If the child is a person with limited capacity for civil conduct, the opinions of the child shall be sought, and if one party sends the minor child to another person for adoption, Brother Liang must obtain the consent of the other party.

Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may endanger or discriminate against them.

The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.

Several Provisions on the People's Courts Hearing Cases of Living Together in the Name of Husband and Wife Without Marriage Registration》 Article 9: The two parties shall negotiate which of the children born out of wedlock will be raised by both parties;

If the negotiation fails, a judgment shall be made based on the interests of the child and the specific circumstances of both parties, and the child during the lactation period shall be raised by the mother in principle, and if the father is in good condition and the mother agrees, the father may also be raised;

Where the child is a person with limited capacity for civil conduct, the opinions of the child himself shall be sought, and the consent of the other party shall be obtained for one party to give the minor child to another person for adoption.