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It is not a criminal act, and the Criminal Law does not stipulate that such an act constitutes a crime, except for the mother, the law stipulates that the head of the household, relatives, dependents or neighbors can report their household registration to the public security organs, and the household registration book is not required when declaring the household registration.
In accordance with the Regulations of the People's Republic of China on Household Registration
Article 5 Household registration is based on households. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.
Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
Article 7: Within one month of the birth of a child, the head of the household, a relative, a caretaker or a neighbor shall report the birth registration to the household registration authority at the place of the child's habitual residence.
For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.
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Why do you think so?
What is the reason for not reporting the account must be understood first?
If it is a population with an overbirth, in many places it involves having to pay the penalty for overbirth. If you don't pay the penalty for overbirth, you can't get a household registration, which is a regulation in many places. The penalty for overbirth is not a small amount, and it is likely to be a huge amount of money for many ordinary peasant families.
If you are 15 years old in a few years, that is, you were born in 2000, if it is a second child, according to the income level at that time, the penalty for paying off the rural household registration will be 30,000-40,000 yuan. If it is a third child who has been born in excess of the child, it will take 40,000-80,000 yuan to pay off the penalty for the excess child.
In all fairness, what parent doesn't want their child to have a normal hukou, become a legal citizen of the Republic, and enjoy normal villager treatment, but what if they are really worried about this large amount of punishment for overbirth? Do you really want to force your parents to do what they know they can't do?
At present, it is not just one or a few families that have such problems and face such difficulties, but many families.
If it really belongs to the above situation, the parents are already very tormented in their hearts, and as a child, don't sprinkle salt on the wounds of their parents.
Long live understanding, and the same is true within the family.
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It should be a violation of the law.
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No crime was committed.
Settlement procedures. Hukou migration is required in accordance with the Regulations of the People's Republic of China on Hukou 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 apply to the household registration authority for registration of moving out of the household registration office, obtain a migration certificate, and cancel his or her household registration. and Article 13, which stipulates that "from the time of arrival at the place where a citizen has moved in, within three days in urban areas and 10 days in rural areas, the relocation certificate shall be reported to the household registration authority by himself or the household, and the relocation certificate shall be cancelled."
However, due to the different policies in different places, the purchase of a new house may not necessarily be able to settle in the location of the new house. Therefore, after consulting the public security organ of the place where the new house is purchased can handle the settlement of the residence, you should report to the household registration authority of the original place of residence for the registration of moving out, obtain the migration certificate, and cancel the household registration according to the purchase contract and property right certificate, in accordance with Article 10 of the Regulations of the People's Republic of China on Household Registration. Then, in accordance with the provisions of Article 13, within three days, the relocation certificate shall be reported to the household registration authority for moving in.
Article 11 Before enlisting in the army, a citizen who has been conscripted for active duty shall be notified of the enlistment by himself or his household to the household registration authority at the place of permanent residence for the registration of moving out, and the household registration shall be cancelled and the relocation certificate shall not be issued.
Article 12: Where a person is arrested, the arresting organ shall, at the same time notify the family of the prisoner, notify the household registration organ at the place of the prisoner's habitual residence to cancel the household registration.
Article 13 Citizens who have moved to the place of relocation shall be registered with the household registration authority within three days of their arrival at the place of relocation in urban areas and within 10 days in rural areas by themselves or their households, and shall surrender and cancel their relocation certificates. Citizens who do not have migration certificates shall apply for relocation registration at the household registration authority in the place of relocation with the following documents:
1) Demobilized, demobilized, or discharged servicemen with certificates issued by county or city military service organs or military organs at or above the regimental level;
2) Overseas Chinese and international students returning from abroad with their passports or entry documents of the People's Republic of China;
3) Persons who have been released by the people's courts, people's procuratorates, or public relatives of the People's Procuratorate, on the basis of the certificate issued by the organ that released them.
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If the child has a household registration, it must be given away, as long as it is approved by the parents or legal guardians, it is not illegal; Otherwise, it is a crime.
Article 10 of the Adoption Law provides that when a child is sent for adoption by a biological parent, both parties must jointly give it up for adoption. Where one of the biological parents is unknown or cannot be found, they may be unilaterally adopted. If a spouse adopts a child, the husband and wife must adopt it jointly.
Article 11: Adoption by the adopter and adoption by the adopter must be voluntary on both sides. Where a minor over the age of 10 is adopted, the consent of the adoptee shall be obtained.
Article 12: Where neither of the minors' parents has full capacity for civil conduct, the minors' guardians must not give them up for adoption, except where the parents might seriously harm the minor.
Article 13: Where guardians send minor orphans for adoption, they must obtain the consent of the person who has the obligation to support them. Where a person with an obligation to support does not agree to be adopted, or the guardian is unwilling to continue to perform guardianship duties, the guardian shall be changed in accordance with the provisions of the "General Principles of the Civil Law of the People's Republic of China".
Article 14: Stepfathers or stepmothers may, with the consent of the stepchildren's biological parents, adopt stepchildren, and may be exempt from the restrictions of article 4, paragraph 3, and article 5, paragraph 3, and article 6 of this Law, as well as the restrictions on adoptees being under the age of 14 and adopting one.
Article 15: Adoption shall be registered with the people's ** civil affairs department at or above the county level. The adoptive relationship is established from the date of registration. Where the adoption of abandoned infants or children whose biological parents cannot be found, the civil affairs departments handling the registration shall make a public announcement before registration.
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According to the circumstances you have stated, the agreement between the two of you has no legal effect, and you have also violated the Population and Family Planning Law and the Adoption Law. You have already given birth to a second child, which is already illegal, and you cannot adopt it again according to the law. If you do so for adoption, you are not guilty of trafficking in women and children.
But the other party has already been suspected of committing a crime. In practice, the circumstances of both parties are not serious, and if the local family planning department has strict management, it will be difficult to go to the household even if the fine is paid.
First, Article 41 of China's "Population and Family Planning Law" stipulates that citizens who give birth to children in accordance with the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the law. Article 37 Where a family planning certificate is obtained by improper means, the family planning administrative department shall cancel the family planning certificate; If the unit that issued the certificate is at fault, the person in charge who is directly responsible and other persons who are directly responsible shall be given administrative sanctions in accordance with law.
Second, China's Adoption Law
Article 15: Adoptions shall be registered with the people's ** civil affairs department at the county level or above. The adoptive relationship is established from the date of registration.
Article 19 A person who has given up a child for adoption shall not give birth to another child in violation of the provisions on family planning on the grounds of giving up a child for adoption. Article 31: Where biological children are sold, the public security departments are to confiscate unlawful gains and impose fines; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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China's Adoption Law was officially promulgated in 1992, but due to the inconsistency between some provisions of the Adoption Law and the family planning policy and the actual situation, the identity of the adoptee has never been recognized in many de facto adoption relationships. He.
They can't report their household registration, can't apply for ID cards, can't even receive normal education and inherit inheritance, and becomes"Black households"。To this end, the Provincial Department of Civil Affairs, the Public Security Department, the Family Planning Commission and other seven departments were united on August 29, 2011.
The "Opinions on Solving the Problem of de Facto Adoption by Citizens of Our Province" was promulgated, requiring all localities in the province to conduct a comprehensive investigation and registration of the de facto adoption situation before December 30, 2011, and notify the parties concerned to go through the formalities in a timely manner to solve the problem.
Never for a long time to trouble the adoptive family"Black households"Issue.
According to the Opinions, there are seven types of de facto adoptions that can be registered. The relevant departments of the city remind citizens who have de facto adoptions to contact the civil affairs, justice and other departments before December 30 to do a good job of registration. Those who meet the relevant conditions should go through the relevant formalities as soon as possible, and those who do not meet the requirements should also go through formalities such as voluntary sponsorship and notarization of maintenance responsibilities.
Seven categories of de facto adoptions that can be registered for adoption.
7. If the adopter and the adoptee have lived together for more than 5 years and the adopter has the ability to raise and educate, they may apply to the notary public for the responsibility of raising and educating the adoptee.
After investigation and verification by the police station and reporting to the county-level public security department for approval, the adopted child's household registration shall be handled for the dependent abandoned infant (child) at the place where the adopter's household registration is located. If the adopter is unable to raise and educate, the relevant departments will mobilize him to support him.
Abandoned babies (children) are sent to local social (child) welfare institutions for raising.
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Buying a child is a crime, that is, your premise is wrong, the law protects legal behavior, and your illegal behavior is not protected.
I'm sure he can give you the risk to enter the house, unless he wants to smash his job.
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1. Your agreement is invalid.
2. It is a crime to buy and sell children.
3. The child is registered, and the current practice in various places is to pay a "fine".
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It is illegal to buy and sell children.
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Shameful people, selling children, have you ever thought about the psychology that children will know in the future? irreparable negligence.
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