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Article 10 of China's Inheritance Law stipulates: "Inheritance shall be inherited in the following order: first order: spouse, children, parents. ......The term "children" in this Act includes children born out of wedlock......"It can be seen that children born out of wedlock in our country have the same rights as children born in wedlock.
China's marriage law and inheritance law clearly stipulate that women born out of wedlock enjoy the same inheritance rights as legitimate children. Article 19 of China's Marriage Law stipulates that "children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them".
The reason why Chinese law stipulates that children born out of wedlock enjoy the same inheritance rights as children born in wedlock is that children born out of wedlock, like legitimate children, have direct blood relations with their biological parents and are direct blood relatives. Moreover, a child born out of wedlock, like a child born in wedlock, is a member of society and a citizen of the State, and the laws of the State should protect them equally. Of course, protecting the inheritance rights of children born out of wedlock does not mean advocating the birth of children born out of wedlock.
Because, it is the parents of the illegitimate child who make the mistake, and the illegitimate child should not be held responsible. Therefore, it is fair and reasonable to protect children born out of wedlock who have the same inheritance rights as legitimate children.
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In China, this is a blood relationship, not a family relationship. Unless you live in a primitive tribe.
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No, it's not protected by law.
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Definition of a child born out of wedlock: a child born to a child whose parents are not married and has children; Children born to one of the biological parents who are married and born outside of wedlock to another person; Children born to the parties to an invalid marriage. 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.
Children born in wedlock who are not born in wedlock also enjoy the right to be raised and educated by their parents, the right to be protected by their biological parents, the right to a name, the right to inheritance, etc.
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 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.
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1. How to confirm the relationship between a child born out of wedlock and his biological parents.
Article 25 of China's Marriage Law protects the legitimate rights and interests of children born out of wedlock on the basis that the relationship between children born out of wedlock and their biological parents has been clarified. Therefore, it is necessary to establish a system for confirming the relationship between children born out of wedlock and their biological parents, otherwise there is no way to protect the rights and interests of children born out of wedlock. For children born out of wedlock, the relationship between them and their biological parents is generally confirmed by the following methods:
1) The biological parents of children born out of wedlock voluntarily recognize the parent-child relationship and voluntarily bear all or part of the child's living expenses and education expenses. In this case, it is generally more common for unmarried men and women to have children, and after unmarried men and women give birth to children, they get married, and then take back the illegitimate children through legal procedures, thus clarifying the parent-child relationship between the illegitimate children and them.
2) After the woman gives birth to an illegitimate child, and the man does not recognize the child's kinship, in this case, the biological mother may confirm the father-child relationship between the illegitimate child and the biological father through judicial procedures and providing relevant evidence, human evidence, physical evidence, and other evidence. If necessary, a "paternity test" can also be used.
3) The husband suspects that the child born to his wife is not his own biological child and refuses to recognize the relationship between his parents and children. In this case, the husband shall provide evidence to prove that the wife did not cohabit with the wife at the time of conception, and it can also be proved through a "paternity test", if it can be proved that the husband and the child are not related by blood, the husband and the child do not constitute a parent-child relationship and do not bear the legal obligation to raise and educate the child, but if the husband cannot provide evidence to prove his claim and the people's court cannot ascertain it, it shall be determined that it is a child born to both husband and wife.
Yes, children born out of wedlock have the same rights as children born in wedlock. Article 25 of the Marriage Law provides that children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.
Hello: According to the latest judicial interpretation of China, children born out of wedlock enjoy the same rights as children born out of wedlock, that is, when dealing with the issue of child support for children born out of wedlock, Chinese courts should settle the issue in accordance with the settlement of the issue of child support for divorce. >>>More
It is necessary to go through the notarization of parent-child relationship, household registration of the head of household, ID card, and then go to the household registration management hall of the Public Security Bureau to go through the change procedures without paying a fine. >>>More
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