If you don t get a marriage certificate and have a child, the law doesn t care?

Updated on society 2024-06-05
19 answers
  1. Anonymous users2024-02-11

    Where the unmarried is a cohabitation relationship, and both the man and the woman meet the substantive requirements for marriage, the marriage registration shall be re-registered, and where the man and woman make a supplementary marriage registration in accordance with the provisions of article 8 of the Marriage Law, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as provided for in the Marriage Law. A child born out of wedlock is a child born out of wedlock. 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. Parents have an obligation to raise and educate their children. Generally speaking, in addition to having a certificate of origin, some areas also need to have a notarization of identity, in addition, in areas where a birth certificate is required, parents must first go to the street family planning office where the household registration is located to pay a certain amount of social maintenance fees (fines for unplanned births) and implement family planning measures; After that, you can go to the public security organ to register with the certificate issued by the family planning department.

    Legal basis: Article 25 of the Marriage Law of the People's Republic of China [Children born out of wedlock] Children born out of wedlock enjoy the same rights as children born out of 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.

  2. Anonymous users2024-02-10

    Anyone who gives birth to a child without a marriage certificate is a violation of the Family Planning Law and shall pay social maintenance fees in accordance with the law.

    Family Planning Law.

    Article 41: Citizens who do not meet the requirements of Article 18 of this Law to give birth to children shall pay social maintenance fees in accordance with 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.

  3. Anonymous users2024-02-09

    There is no law that can regulate the birth of a child without a marriage license, but if the child is abandoned, the law will punish it as the crime of abandonment.

  4. Anonymous users2024-02-08

    Legal analysis: having a child without a marriage license will affect the child. A marriage certificate will be required for the child's birth permit and registration, although the single parent can also be registered, but this will add additional operating procedures and economic costs, which is not cost-effective.

    In accordance with the provisions of the relevant laws, citizens who fail to give birth to children in accordance with the provisions shall pay social maintenance fees in accordance with the 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;

    Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China: Citizens who do not meet the requirements of Article 18 of this Law and give birth to children shall pay social maintenance fees in accordance with the 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 administrative department of the family that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.

  5. Anonymous users2024-02-07

    Legal Analysis: It is possible to have children without a marriage license. The relationship between the two parties is an illegal cohabitation relationship, the children are born out of wedlock, and the children born out of wedlock are protected by law, and the law stipulates that illegitimate children enjoy the same rights as legitimate children, and no organization or individual 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 maintenance of the minor child or an adult child who is unable to live independently. When the people's courts hear cases of illegal cohabitation, if they involve the support of children born out of wedlock and the division of property, they should be resolved together. When dividing property specifically, the interests of women and children should be taken into account, and the actual situation of the property and the degree of fault of both parties should be taken into account, and the division should be properly divided.

    Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual 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 maintenance of the minor child or an adult child who is unable to live independently.

  6. Anonymous users2024-02-06

    Is it okay to have a child without a marriage certificate?

    1. You can't enjoy the full rights and interests.

    If the two parties work together for a lifetime, it is fine, but if there is a dispute and goes to court, it will not be treated as a breakdown of the marital relationship, but as a cohabitation relationship, and the injured party will not enjoy many rights that should be enjoyed.

    2. The risk is too great.

    The risk of getting married without a marriage certificate is too great, legally speaking, it is not completely guaranteed, emotionally speaking, it is easy to cause psychological unrest, from a moral point of view, this is not a normal marriage relationship, it belongs to cohabitation, and it is not worth advocating. And to truly love someone is to give him an official identity, and it is basic respect to make the other person a partner in the legal and de facto sense.

    3. Influence children.

    Even if the relationship is stable, both parties don't care about the marriage certificate, but getting married without a marriage certificate will also affect the child, and the marriage certificate will be required for the child's birth permit and the household registration, of course, now single parents can also be registered, but this will add additional operating procedures and economic costs, and it is not cost-effective.

    2. Is it fine to get a marriage certificate after giving birth to a child?

    Strictly speaking, you need to be fined for getting a marriage certificate after your husband has children, but when you go to register your marriage, who knows if you have children?

    The real fine is when your child registers. First of all, a marriage certificate, a birth certificate, and a birth permit are also required in some places. If you want not to be fined, it is almost impossible, because it is already illegal to live together unmarried in legal terms, and it is even more illegal to have children without marriage.

    Since it does not comply with the provisions of the law, the fine is also deserved.

    I think that if two people are together, if they really love each other, they must get the certificate first, which is responsible for both of you, and it is more responsible for the child, otherwise after the child is born, it will become very troublesome to get a household registration in the future.

  7. Anonymous users2024-02-05

    1. What are the consequences of having a child without applying for a marriage certificate?

    If you don't get a marriage certificate and have a banquet, it is not a legally recognized husband and wife relationship, and you can't get the protection of the law.

    Giving birth to a child without a marriage certificate is a violation of the "Population and Family Planning Law", and it is punishable to pay social maintenance fees of 3-6 times the local per capita consumption standard.

    Can a child who does not have a marriage certificate register a household registration? How much does it cost for a child to have a marriage certificate, but some people do not have a marriage certificate, or there is no marriage certificate in the case of unmarried pregnancy, in this case, if the child wants to be registered, it will cost money.

    2. How to register a child born out of wedlock.

    First of all, you should go to the place of household registration or the place where the birth occurs at the county level people's ** family planning administrative department to pay social maintenance fees (some township people** or sub-district offices can also accept the commission to make a collection decision), and keep the receipt of payment. The amount of the contribution is generally levied on the basis of a certain proportion of the per capita disposable income of urban residents or the per capita net income of farmers in the previous year, and is determined in conjunction with the actual income of the parties, and varies according to the provisions of the province, municipality directly under the Central Government or autonomous region where they are located. In principle, social maintenance fees should be paid in a lump sum, and if there are real difficulties, they can be paid in installments by applying in writing.

    For floating populations, if the birth behavior occurs in the current place of residence, the department of the administrative department for family planning at the current place of residence shall make a decision on the collection in accordance with the collection standards of the current place of residence; If the act of giving birth occurs at the place of household registration, the administrative department for family planning at the place of household registration shall collect the collection in accordance with the standards for the place of household registration; If the family planning administrative department at the place of current residence and the place of household registration has not been discovered at the time of childbirth, the county-level people's ** family planning administrative department that first discovered the childbirth behavior shall make a decision on expropriation in accordance with the local collection standards. If it has already been paid in one place, it will not be levied again in another place for the same fact.

    After paying the fee, you can bring the relevant materials and proof of payment to apply for registration at the household registration authority (household registration department of the police station) where the child's father or mother permanently resides.

    To sum up, we can see that the state still does not advocate the act of having children without applying for a marriage certificate. Although the marriage certificate is only a small book, but it is the state's proof of marriage protection, it carries the responsibility of a family, but also carries the responsibility of the husband and wife, if there is no marriage to have children, if in later life, the relationship between the husband and wife is broken, no marriage certificate may cause harm to the husband and wife and even the children.

  8. Anonymous users2024-02-04

    The consequence of having a child without a marriage certificate is that the law cannot protect the legitimate rights and interests of you and your child, the child is an illegitimate child, and you are an unmarried child.

  9. Anonymous users2024-02-03

    The consequences of not getting a marriage certificate and having a child. If you don't get a marriage certificate, the consequences of having a child may be bad, and it will have an impact on the child's settlement.

  10. Anonymous users2024-02-02

    I think that if you don't get a marriage certificate, the consequences of giving birth to a child are that it will be difficult to settle down on the hukou, so you should also get a marriage certificate as soon as possible for the sake of the child.

  11. Anonymous users2024-02-01

    The consequences of not getting a marriage certificate and having a child. The consequence of waiting for a marriage certificate to have a child is that there will be emotional twists and turns, and there will be no guarantee for a woman with a child.

  12. Anonymous users2024-01-31

    Hello, if it is illegal to marry without registration and the husband has children, you have to pay social maintenance fees, and the payment criteria are measured according to the time when you give birth to the child and the nature of the household registration. If you give birth to your first child without marriage and are urban residents, you will be given a one-time social maintenance fee of twice as the base amount of the per capita disposable income of urban residents in your city in the previous year as the base amount for both parties and rural residents, and if you are a rural resident, you will be levied a one-time social maintenance fee of twice as the per capita net income of the farmers in the town (district) where your household registration is located in the previous year. Usually you can basically fine tens of thousands of yuan.

    Specifically, there are measurement guidelines at your city's family planning bureau.

  13. Anonymous users2024-01-30

    If you don't get a marriage license, then you have legal protection after giving birth, and this will hurt you a lot.

  14. Anonymous users2024-01-29

    The consequence of ignoring your marriage certificate is that without a birth certificate, the child will not be able to get a household registration.

  15. Anonymous users2024-01-28

    Without a marriage certificate, it is a problem for children to get a household registration, and it is also a problem to go to school.

  16. Anonymous users2024-01-27

    Maybe the other party will regret it, maybe they won't get married, and then they can have a child.

  17. Anonymous users2024-01-26

    The consequence of having a child with a marriage certificate is that there is no fertility index.

  18. Anonymous users2024-01-25

    Legal Analysis: Not a violation.

    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 neither party shall be allowed to coerce the other, 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.

    Article 1051 Marriage shall be null and void 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.

  19. Anonymous users2024-01-24

    You can have children without a license.

    The right to give birth is a basic right of citizens' personal rights, and China's laws clearly stipulate that citizens have the right to give birth. Both men and women, married and unmarried, have the right to have children. Therefore, it is also okay for women to have children out of wedlock.

    The relationship between the parties without a marriage certificate is an illegal cohabitation relationship, the children are illegitimate children, and illegitimate children are protected by law, and the law stipulates that illegitimate children enjoy the same rights as legitimate children, and no organization or individual 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 maintenance of the minor child or the adult child who is unable to live independently.

    Child registration process:

    1. Within 60 days of birth (policies vary from place to place, some places are not necessarily 60 days), the newborn should take the family planning service manual, the ID cards of both parents (the mother does not go to provide the power of attorney authorized by the mother to sign the father) and the birth footprint paper, and go to the hospital to get the birth medical certificate.

    2. The baby's household registration can be with the father or the mother, and when you go to the baby's household registration, you must bring the parents' ID card, household registration book, birth permit, and the baby's birth certificate.

    3. Bring all these materials to the household administration department to register the baby, and now the newborn has its own ID number.

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