Marriage license, birth problem, unmarried child and someone else get married

It will be more troublesome to have a child without a birth permit, but it will not be troublesome when you have a marriage certificate when you get a household registration. You do need a birth certificate when you register for a household registration, and the birth certificate is issued by the hospital. There will be a fine!

If you are both rural hukou, then if the first child is a woman, you can have another child, and if you are all only children, you can have a second child regardless of the gender of the first child.

If you give birth in the hospital, he will give a birth certificate, you can't get a one-child certificate without a marriage certificate, you can't go to the hospital for reimbursement, you can go to the household registration as if you have a birth certificate, it should be like this, we can have a second child at an interval of three years, regardless of men and women, and there will be a subsidy for the second child.

If you are old enough to apply for a marriage certificate first, it will be more troublesome if you do not get a household registration.

According to the "Population and Family Planning Law of the People's Republic of China" and the "Anhui Provincial Population and Family Planning Regulations", citizens have the right to give birth and also have the obligation to practice family planning in accordance with the law. The State has adopted the following measures on the issue of family planning:

1. Couples who have given birth for the first time.

Couples who give birth for the first time (i.e., couples who have obtained a legal marriage certificate) only need to go to the village committee or residents' committee where one of the husband and wife is registered during pregnancy to register their pregnancy, receive a reproductive health service certificate free of charge, and go through birth registration within 45 days after giving birth, without the approval of the first department to issue a birth certificate.

2. Couples who want to have another child (second child).

Couples who request to have another child need to apply to the township (town) people's ** and sub-district offices, and the ** department will put forward the review opinions, and the county-level people's ** population and family planning administrative departments will make a decision on examination and approval, and if they meet the requirements, a birth certificate will be issued.

According to the situation you have described, you only need to register your pregnancy at the village committee or residents' committee where one of the spouses is registered after receiving the marriage certificate and before the child is born, and you do not need to pay fines or social maintenance fees.

Legal analysis: It is okay for a husband to go to the Civil Affairs Bureau to register his marriage after raising a child, but sometimes he has to pay a certain fine and complete the procedures for the newborn's household registration. Whether and how much a fine is imposed depends on the local family planning policy.

In some areas, a time limit is given for redress in the case of unmarried husbands and children, and a marriage certificate can be obtained within the prescribed time limit for obtaining a marriage certificate.

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

Article 1046: Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other, and it is forbidden for any organization or person to interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

1) bigamy;

2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

The Civil Code stipulates that children born out of wedlock can also obtain a certificate from others. To register a marriage, you need to bring your household registration booklet, ID card, and a signed statement that you have no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party to apply for registration.

Article 5 of the Regulations on Marriage Registration A Mainland resident who goes through marriage registration shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party. Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following certificates and supporting materials:

1) Valid pass and ID card; (2) A statement notarized by a notary public at the place of residence that the person has no spouse and that he or she has no direct blood relatives or collateral blood relatives within three generations with the person with the other party's code.

Although the birth of a child comes first, and the marriage certificate is obtained later, as long as it complies with the provisions of the "Marriage Law", it is a legal husband and wife, and the marriage relationship should be protected. On this basis, request the family planning department to reissue the birth permit and report the child's household registration to the local police station accordingly. As for the child's date of birth does not match the date of registration of the marriage certificate, it does not affect the declaration of the child's household registration, and the birth certificate issued by the hospital shall prevail for the household registration registration.

If the family planning department does not reissue the birth permit, the natural police station will not give the household registration, which is linked.

Paragraph 1 of Article 5 of the Regulations on Marriage Registration Mainland residents who apply for marriage registration shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party. Article 1049 of the Civil Code provides that a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority.

Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

The father or mother of the baby shall personally hold the household registration booklet, ID card and the baby's "Birth Certificate" to the police station where the baby's mother or father permanently resides, and the public security household registration management department shall handle the registration of the newborn according to the original "Birth Service Certificate" or "Birth Certificate", and the baby can settle down with the father and mother. Those who do not have a "Birth Service Certificate" or "Birth Certificate" will not be allowed to go through the settlement procedures.

Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

The marriage shall be invalid under any of the following circumstances

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.