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Do you mean that if the woman divorces the man and remarries him again, can she have another child, if so, according to the law, this is not possible, because the woman and the man used to be husband and wife, although after they divorced, the court awarded the custody of the child to the man, the woman seems to have no children, in fact, the court has recorded your affairs, when you are reborn and reunited, then the child has belonged to you to raise together, If they want to have more children, they will be breaking the law, and if they are both determined to have one more child, then they will face long-term fines.
But if you mean that the woman marries another man after the divorce, then they can have a child together, because legally speaking, the woman's custody of the child has completely belonged to the former man, so legally speaking, the woman has no children and can have children with another man, and generally speaking, no matter if the woman marries any man, they can only have one child together.
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First of all, it depends on where your household registration is, what causes the child to belong to the man, if you are divorced, and then marry a person who has not had children, you can have another child, and you can't have children for other reasons.
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After the divorce, you can remarry and have children.
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As long as one party is married for the first time, the other party can have a second one if they are divorced or not.
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If you are both an only child, you can.
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The man has one child, the woman has no children, and the woman has one child or two children, if it counts as two.
Hello, I have seen your question and am sorting out the answer, please wait a while
If the man has a child, the woman and the man get married, and the child they give birth to is considered a second child, and they can continue to have a second child, because the man's child does not belong to the child born during the marriage with the woman, and there is no causal relationship
Dear, I hope I can help you, I wish you a happy life and a happy family. Please also give a thumbs up (comment in the lower left corner), look forward to your like, your efforts are very important to me, and your support is also the motivation for my progress. If you feel that my answer is still satisfactory, you can click on my avatar for one-on-one consultation.
Finally, I wish you good health and a good mood!
Hello lawyer, at that time, I got the certificate for the second child, and said that now the family planning policy has been changed It is said that the woman is married for the first time, and the man remarries and has a child, and the child of the two is an only child, is this statement correct?
Now the school fills in the form and says that the only child can add points to the high school entrance examination, we fill in the only child, but there is no only child certificate in hand, you should go to ** open the relevant certificate now, thank you.
What are the procedures for adding points at that time?
Dear, the one-child certificate was obtained at the Family Planning Office when he was born. The matter of adding points to the high school entrance examination is purely a rumor. You go to the family planning office and ask what procedures are needed to reapply for the only child certificate.
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Now with the inclusion of some content in society, at the same time because of emotional reasons. After the divorce, the man and the woman reorganize the family, so now the man has two children and the woman has one child, can the man and the woman have another child after marriage? Is there a regulation for family planning?
There is no such provision for family planning to encourage people to have more children, but if you decide to have children, you must consider whether the current family structure can raise another child. <>
1. The economic situation of the familyBecause the cost of raising a child is very large now, including the cost of his food, drink and education, then in the case that both men and women are married. And each of them has children, and now the family actually has three children to raise together, if you decide to have another child, will you be able to raise another child? And for the children themselves, it is also necessary to consider the views of the children of the restructured family, so it is very troublesome to have another child.
This is especially true for reconstituted families, as the family structure is complex. <>
2. The wishes of both children Because for a restructured family, the opinions of both children should be considered more, because the man has two children and the woman has one child, and it is not certain whether the three children can live in harmony. So if you decide to have another child, be sure to ask the opinions of both children. It is also for the harmony of the whole family, because it is very uneconomical to cause disharmony in the family because of this incident.
3. There are no regulations on family planning, so family planning is encouraged in China because of the serious aging population, and even now the three-child policy is encouraged, so there are no regulations on family planning to have children after marriage. Therefore, if you really want to have a common child, you can consider it, but you must consider many factors, and when you have the ability to give all children a fair environment, you can consider having another child. And this is also very important for family harmony, so if the family structure is more complicated, you must consider having children after marriage.
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There are also some regulations on family planning, so if you choose to have another child, you should be approved by the municipal family planning administrative department.
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Now that the three-child policy has been introduced, a family with three children may be fined if the number is exceeded.
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There are no rules. Now that the country has opened up three children, it doesn't matter if you have a child.
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Legal Analysis: If one of the remarried couples has given birth to a child before the remarriage, and the other party has not had children in the first marriage, the child born after the remarriage is the second child.
Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 18 The State encourages a couple to have two 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 measures shall 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 between 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.
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The man has one child, the woman has no children, and the woman has one child or two children, if it counts as two.
Hello, if the man has a child, the woman and the man get married, the child they give birth to is considered a child, and they can continue to have a second child, because the man's child does not belong to the child born during the marriage with the woman, and there is no causal relationship to continue to have a second child, because the children born after you and the man are married, excluding the children born in the man's previous marriage, the two are not related, and you can continue to enjoy the policy of second childbearing.
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Legal Analysis: If the woman loses the ability to give birth, priority shall be given to the woman. According to the provisions of the judicial interpretation of the Marriage and Family Section of the Civil Code of China, for minor children who have reached the age of two, if both parents request direct support, and one of them loses the ability to have children, priority may be given.
Therefore, in the aforesaid circumstances, the court may give priority to the direct custody of the children by the woman. However, the specific determination still needs to be taken into account other factors, and the aforementioned situation is only one of the factors to be considered.
Legal basis: Interpretation (1) of the Supreme People's Court on the Appropriate Use of the Marriage and Family Section of the Civil Code of the People's Republic of China
Article 46: Priority may be given to a minor child who has reached the age of two years if both parents request direct support, and one of the parents has any of the following circumstances: (1) has undergone sterilization or has lost the ability to bear children due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.
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Children under the age of two years shall be raised directly by their mothers.
Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two years, 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.
Legal basis] Article 1084 of the Civil Code, the relationship between parents and children shall not be extinguished by the divorce of 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 shall 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.
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If a man and a woman remarry, and one party has only given birth to one child before the remarriage, and the other party has not had children in marriage, according to the birth policy, in this case, the woman should give birth to a second child after the remarriage of the man and woman.
At the same time, if you wish, you can probably have another child.
The reason why I say "estimate" is because the regulations of each province and city are slightly different. Therefore, you also have to check the "birth regulation" section of your province's revised "Population and Family Planning Regulations", compare the above clauses, and carefully look at it, if you meet the conditions for reproduction, you can apply to the local family planning department for reproduction.
As for "whether the maternity insurance will also be calculated according to the maternity leave of the second child", you can only implement it according to the regulations of your local maternity insurance payment department.
Hope mine can help you.
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If the man has a child, and the woman and the man marry, the child they give birth to is considered one child, and they can continue to have a second child, because the man's child is not a child born during the marriage with the woman, and there is no causal relationship.
It is completely possible to continue to have a second child, because the children born after you and the man get married, excluding the children born in the man's previous marriage, the two are not related, and you can continue to enjoy the policy of having a second child.
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The woman has one child. The man didn't. The two got married and had a child. The divorce is now awarded to the man. Counted as an only child. ?
Recourse to the law. Let's go through the divorce process.
The child's insurance should be signed by the guardian at the time, and if so, in fact, many times the child will be handed over to his father, because the woman is no longer in this world.
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