Fines for unmarried births are divided between rural residents and urban residents

Legal analysis: unmarried childbirth to be fined, unmarried childbirth refers to the birth of a child without obtaining a marriage certificate and birth permit, which violates the local "family planning management regulations", is an illegal act, according to the regulations, after the birth of a child must pay a certain amount of social maintenance fees.

Legal basis: "Chinese Population and Family Planning Regulations" Article 41 Citizens who do not meet the provisions of Article 18 of this Law and give birth to a girl with a dead child shall pay social compensation fees in accordance with the Rent Law. If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.

Legal Analysis: Not necessarily, whether a child born out of wedlock is a fine for both parties is not clearly stipulated in the law.

Legal basis: "Measures for the Administration of the Collection of Social Maintenance Fees" Article 5 The collection of social maintenance fees for floating populations who do not comply with the provisions of Article 18 of the Population and Family Planning Law and give birth to children shall be handled in accordance with the following provisions:

1) If the birth behavior of the party occurs in his current place of residence, the people's family planning administrative department at the county level of the current place of residence shall make a decision on expropriation in accordance with the collection standards of the current place of residence;

2) If the party's birth behavior occurs in the place where he or she is registered in the wrong place, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration;

3) When the person's birth behavior occurs, the administrative department of the people's government at the county level where his current residence or household registration is located has not discovered it, and then the people's family planning administrative department at the county level where he first discovers the birth behavior shall make a decision on expropriation in accordance with the local collection standards.

Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.

9 months of income.

1. If a child is born without registering marriage despite reaching the legal age of marriage, it shall be levied according to the amount of his or her 9 months' income; Those who have not reached childbearing age and give birth out of wedlock shall be fined for each additional year of advance. If the woman is only 20 years old but gives birth at the age of 16, she will be fined for an additional 4 years.

2. Legal basis: Article 18 of the Population and Family Planning Law of the People's Republic of China advocates age-appropriate marriage and childbearing, eugenics. A couple can have three children.

Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of another 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 implementation of the law on the land and the land should be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.

Where there are inconsistencies in the provisions on the reproduction of children between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered, they are to be applied in accordance with the principle of benefiting the parties.

There are fines for unmarried births. Childbearing before marriage refers to giving birth to a child without receiving a marriage certificate and birth permit, which originally required a certain amount of social maintenance fees. However, after the revision of the Family Planning Law, the collection of social maintenance fees has been abolished, and there is no need to pay any fees for the birth of children.

Legal basis] Decision of the Communist Party of China ***** on Optimizing the Fertility Policy and Promoting the Long-term Balanced Development of the Population" III.

8) Implement the three-child policy in accordance with the law. The "Population and Family Planning Law of the People's Republic of China" was amended to advocate marriage and childbearing at the appropriate age, and to implement the three-child policy. All provinces (autonomous regions and municipalities directly under the Central Government) are to comprehensively consider the population development situation, work foundation, and policy implementation risks in their respective regions, do a good job of policy convergence, and organize their implementation in accordance with law.

9) Abolish restrictive measures such as social maintenance fees. Abolish social maintenance fees, clean up and abolish relevant penalty provisions. Comprehensively decouple household registration, school enrollment, and employment from personal fertility status.

Properly handle issues left over from history in accordance with laws and regulations. In areas where the contradictions between population development and economic development, society, resources, and the environment are more prominent, strengthen publicity and advocacy, promote the effective connection between relevant policies benefiting the people and fertility policies, and accurately do a good job in various management services.

3 to 10 times the net income is levied

For couples who give birth to a second child in violation of the provisions or citizens who give birth to a child out of wedlock (hereinafter collectively referred to as the parties), the difference between 3 and 10 times the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department shall be levied; For parties who give birth to a third child or three or more children in violation of the provisions, the levy shall be doubled in accordance with the levy standards provided for in item (1) of this article; For parties who give birth to their first child out of wedlock, it shall be levied at one time of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department; For parties who meet the requirements to give birth to a second child, if the woman is under the age of 28 at the time of childbirth or the interval between the birth of the first child is less than 4 years, it shall be levied on the basis of one-fifth of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents as announced by the municipal statistics department. For those who have given birth to children in violation of regulations, if the actual annual per capita disposable income or the actual annual per capita net income of the previous year or the average of the actual per capita disposable income and the actual per capita net income of the previous three years (hereinafter referred to as the actual income) is higher than the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department, the actual income shall be used as the base and the collection standards provided for in the first three items of this article shall be levied.

The standard of fines for unmarried childbirth is not statutory, and is stipulated by the local government. It is legal to have children out of wedlock. Children born out of wedlock have the same rights as children born in wedlock.

According to the idea of "nothing prohibited by law" in the field of private law, it is not illegal to have children out of wedlock under the age of marriage.

What is the standard of child support for children born out of wedlock?

1. For those who have a fixed income, the child support fee can generally be paid at a rate of 20% to 30% of their total monthly income. Where two or more children are paid for child support, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income;

2. If there is no fixed income, the amount of child support allowance can be based on the total income of the current year or the average income of the same industry. The total income of the current year or the average income of the same industry is generally based on the average annual income and average annual living expenses determined by referring to the "Reference Standards for Road Interference Traffic Accident Compensation Projects";

3. If there are special circumstances in the seclusion, the above proportion can be appropriately increased or decreased. Special claims refer to children who have suffered from a serious illness for a long time, or whose children are disabled.

Legal basis: Article 1,000 and 67 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

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.

3 to 10 times the net income is levied

For couples who give birth to a second child in violation of the provisions or citizens who give birth to a child out of wedlock (hereinafter collectively referred to as the parties), the difference between 3 and 10 times the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department shall be levied; For parties who give birth to a third child or three or more children in violation of the provisions, the levy shall be doubled in accordance with the levy standards provided for in item (1) of this article; For parties who give birth to their first child out of wedlock, it shall be levied at one time of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department; For parties who meet the requirements to give birth to a second child, if the woman is under the age of 28 at the time of childbirth or the interval between the birth of the first child is less than 4 years, it shall be levied on the basis of one-fifth of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents as announced by the municipal statistics department. For those who have given birth to children in violation of regulations, if the actual annual per capita disposable income or the actual annual per capita net income of the previous year or the average of the actual per capita disposable income and the actual per capita net income of the previous three years (hereinafter referred to as the actual income) is higher than the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department, the actual income shall be used as the base and the collection standards provided for in the first three items of this article shall be levied.

3 to 10 times the net income is levied

For couples who give birth to a second child in violation of the provisions or citizens who give birth to a child out of wedlock (hereinafter collectively referred to as the parties), the difference between 3 and 10 times the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department shall be levied; For parties who give birth to a third child or three or more children in violation of the provisions, the levy shall be doubled in accordance with the levy standards provided for in item (1) of this article; For parties who give birth to their first child out of wedlock, it shall be levied at one time of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department; For parties who meet the requirements to give birth to a second child, if the woman is under the age of 28 at the time of childbirth or the interval between the birth of the first child is less than 4 years, it shall be levied on the basis of one-fifth of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents as announced by the municipal statistics department. For those who have given birth to children in violation of regulations, if the actual annual per capita disposable income or the actual annual per capita net income of the previous year or the average of the actual per capita disposable income and the actual per capita net income of the previous three years (hereinafter referred to as the actual income) is higher than the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department, the actual income shall be used as the base and the collection standards provided for in the first three items of this article shall be levied.

If you have to pay a fine for giving birth out of wedlock, unmarried childbirth refers to giving birth to a child without obtaining a marriage certificate and a birth permit, which violates the local "Regulations on the Management of Family Planning and Childbirth", which is an illegal act, and according to the regulations, a certain amount of social maintenance fees must be paid after the child is born.

1. Is it illegal to get pregnant before marriage?

If you give birth out of wedlock, it is an illegal act and you will be punished by law such as a fine. Citizens who do not meet the requirements of Article 18 of the Population and Family Planning Law and give birth to children shall pay social maintenance fees. The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations.

2. If a child is born out of wedlock, can the child be registered if the woman takes care of the child?

If a child is born out of wedlock, the woman can register the child. In the local street and village committee, the certificate is issued and then the birth certificate is issued at the birth hospital, and then the police station is registered, and the specific solution to the problem of the registration of children born out of wedlock varies from place to place. In addition, in areas where a birth certificate is required, parents must first go to the neighborhood family planning office where their household registration is located to pay a certain amount of social maintenance fees (fines for unplanned births) and implement family planning measures, and then they can go to the public security organs to register their household registration with the certificate issued by the family planning department.

3. Is there no need to apply for a birth permit?

Most areas need to apply for a birth permit first, and a small number of areas have cancelled the application for a one-child birth permit, so it is recommended that you consult the local family planning department to avoid delaying the processing and paying fines. Follow the following four steps to make it easier to apply for a birth permit. 1. Go to the urban family planning department of one of the parents who are ready to register the child to get a blank "Birth Service Certificate", that is, the birth permit.

At the same time, the collection of materials began at the request of the family planning department. 2. At the same time, prepare the marital status certificate of both parties. The police station where the woman's household registration is located shall issue a "Certificate of First Marriage and First Childbirth".

3. If you are going to fill in the work unit on the maternity service certificate, then you must also have a certificate issued by both units, and the official seal of the unit must be stamped on the "maternity service certificate". 4. Take the "Birth Service Certificate" stamped with the official seal of the unit to the woman's street family planning commission for stamping. After completing the above 4 tasks, take the "Certificate of First Marriage and First Childbirth", ID card, and household registration book to the family planning department of the city where the child will settle in the future to apply for the "Birth Service Certificate", that is, the birth permit.

Article 41 of the Regulations on the Chinese Population and Family Planning stipulates that citizens who do not meet the provisions of Article 18 of this Law and give birth to children shall pay social compensation fees in accordance with the law.

If the social maintenance fee that should be paid in full within the prescribed time limit shall be paid, a late fee shall be imposed in accordance with the relevant provisions of the state from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.