Legal issues of having a child out of wedlock, what are the legal issues of having a child out of we

It is illegal to give birth out of wedlock, and there are no formalities to speak of. After giving birth, he directly surrendered to the family planning department to accept punishment, and then he could register for the hukou.

Civil servants who give birth out of wedlock may be dismissed from public office. This is something that many people don't understand. The Civil Servants Law stipulates that those who violate the family planning policy shall not be hired, and this sentence is also valid from another perspective, that is, civil servants who violate the family planning policy can be dismissed from public office.

Many people have different understandings of this sentence, and there are certainly people who oppose it, but in fact, it is practiced in this way everywhere, and too much debate is just a waste of saliva. If someone thinks I'm wrong, I can only say "You try it".

You need to pay a fine, and it depends on whether your place is strict or not, and some places will pull you to force labor induction even if it is eight months!

Civil servants are unmarried and pregnant, and are dismissed. And most of them will make you **, because now many places have very strict family planning management, even if you resign within a year of violating family planning, you have to find the responsibility of the unit ......

Article 25 of the Marriage Law provides that children born out of wedlock enjoy the same rights as legitimate children, 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.

In case of illegal family planning, the family planning department should collect social maintenance fees, and if they refuse to pay social maintenance fees, the family planning department may apply to the court for compulsory enforcement, but the children have not paid social maintenance fees as the reason for refusing to handle the case.

Hope mine is helpful to you.

1. According to the provisions of the Marriage Law, the man must be at least 22 years old and the woman must be at least 20 years old before they can get married. A man and a woman who have not reached the legal age live together do not constitute a legal husband and wife relationship, but can only be regarded as unmarried cohabitation, and children born during the period of cohabitation are illegitimate children.

2. If the party who is illegally cohabiting proposes to break up, there is no question of compensation and no compensation for moral damages because the marital relationship between the two parties is not established, and the woman is voluntarily cohabiting with the man unmarried at that time, and is not affected by external forces such as coercion.

3. The child is born during the period of unmarried cohabitation of both men and women, and is an illegitimate child. Under the provisions of the Marriage Act, children born out of wedlock have the same rights as children born in wedlock.

4. On the question of the ownership of deposits in the bank accounts of both men and women.

First of all, the non-legal marital relationship between a man and a woman is only an unmarried cohabitation relationship, so it cannot be divided according to the standard of joint property of the husband and wife, but should be divided according to the method of division of partnership property.

5. Unmarried men and women living together are cohabitation relationships, and such cohabitation relationships are not recognized by law. After the Interpretation (II) of the Marriage Law came into effect on April 1, 2004, if the parties sue the court to request the dissolution of the cohabitation relationship, the court will not file the case. It is based on the provisions of Article 1 of Interpretation (II) of the Marriage Law:

Where a party requests to dissolve a cohabitation relationship, the people's court will not accept it. Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's court shall accept it. ”

6. With the rapid development of society, the law has become more tolerant of privacy in personal life. Voluntary cohabitation between unmarried persons, as long as it does not harm the interests of society, the collective and others, has become a choice of individual lifestyle that the law does not interfere with. Men and women who choose this option are reminded here:

While the law is tolerant, it is also stating its position that it does not interfere with or protect the cohabitation relationship between the spouses of the spouses. If the two parties decide to break up after living together and need to settle it on their own, the people's court will not accept this kind of cohabitant who has never registered their marriage but hopes that the court will come forward to break up "justifiably".

It is illegal to find out that a child is born out of wedlock in our country, but it does not involve a criminal offense. Children born out of wedlock are subject to legal penalties such as fines, and may affect the child's household registration, inheritance rights, guardianship rights, etc. Specifically:

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.

Children born out of wedlock can apply to settle down with their father or mother, and they need to provide the "Birth Medical Certificate" and the household registration booklet of one of the parents, the marriage certificate or the explanation of the birth out of wedlock, and the paternity certificate must also be provided if they settle down with the father. However, parents of children born out of wedlock have violated the family planning policy and are required to pay social maintenance fees in order to register their household registration.

1. According to the provisions of the Marriage Act, a man can marry only when he is 22 years old and a woman can marry only when he is 20 years old. The cohabitation of a man and a woman under the legal age does not constitute a legal relationship between husband and wife. They can only be considered unmarried cohabitation.

Children born during cohabitation are considered illegitimacy. <>

2.If the illegal cohabiting party proposes to break up, because the marital relationship between the parties has not yet been established, and the woman is willing to cohabit with an unmarried man at that time, and is not influenced by external forces such as coercion, there is no question of compensation and moral damages.

3.Children born during the period of unmarried cohabitation of a man and a woman are considered illegitimacy. Under the Marriage Act, children born out of wedlock have the same rights as children born in wedlock. <>

4.Regarding the ownership of bank account deposits for men and women.

First of all, the illegal marital relationship between a man and a woman is only unmarried cohabitation, which cannot be divided according to the standard of joint property of husband and wife, but according to the method of division of partnership property.

5.Cohabitation between an unmarried man and a woman is a form of cohabitation and is not recognized by law. After the Interpretation of the Marriage Law (II) came into effect on 1 April 2004, if a party files a lawsuit with the court to dissolve the cohabitation relationship, the court will not file the case.

According to Article 1 of Interpretation II of the Marriage Law, "where a party requests to terminate a cohabitation relationship, the people's court shall not accept it; Where parties initiate litigation due to disputes over the division of property or custody during the period of cohabitation, the people's court shall accept it. ”

6.With the rapid development of society, the law is becoming more and more tolerant of privacy in personal life. As long as it does not harm the interests of society, the community and others, voluntary cohabitation of unmarried persons has become an individual lifestyle choice that is not subject to legal interference.

Men and women who opt for this approach are reminded that, although the law is lenient, it also makes its position clear: it does not interfere with and protect the cohabitation of those who do not have a spouse. If the parties decide to break up after living together, they need to settle it themselves.

The people's court will not accept cohabitants who have never registered their marriage but want the court to break up "in good faith".

In accordance with Article 18 of the Population and Family Planning Law, the State stabilizes the current birth policy, encourages citizens to marry later and have children later, and encourages a couple to have one child; Those who meet the requirements provided for by laws and regulations may request that arrangements be made for the birth of a second 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.

Article 41: Citizens who give birth to children who do not comply with the provisions of Article 18 of this Law 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 the law.

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 no organization or individual may harm or discriminate against them. The 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. Article 1058 of the Civil Code of the People's Republic of China: Husbands and wives equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

Legal analysisThere is also a blood relationship between the child born out of wedlock and the parents, and the cause of the illegitimate child lies with the parents, and the child should not bear the adverse legal consequences. Therefore, the provisions of the relevant laws and regulations on the relationship between parents and children also apply to children born out of wedlock; Children born out of wedlock have the same rights as legitimate children as between them and other close relatives of their parents, such as grandparents, maternal grandparents, siblings. No organization or individual may endanger or discriminate against children born out of wedlock, and relevant organizations and units should also respect and protect the lawful rights and interests of children born out of wedlock, and provide a healthy environment for children born out of wedlock.

Moreover, children born out of wedlock have the same inheritance rights as legitimate children. Children born out of wedlock and children born in wedlock are independent subjects of inheritance and have the same inheritance rights to their parents' estates.

Legal basisArticle 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 no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor son or adult child who is unable to live independently. Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal analysis: 1. The cohabitation relationship between the two parties shall not be recognized as a husband and wife relationship, that is, the cohabitation relationship cannot be protected in accordance with relevant laws; 2. Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court shall not accept it; 3. Other legal issues.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

Article 3: Where parties initiate litigation and only request the dissolution of the cohabitation relationship, the people's courts will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit. Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

Article 7: Where a man and a woman who have not completed marriage registration in accordance with the provisions of Article 1049 of the Civil Code and live together in the name of husband and wife, and initiate a lawsuit for divorce, they shall be treated differently: (1) Where both men and women have met the substantive requirements for marriage before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, it is to be handled as a de facto marriage. (2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to re-apply for marriage registration.

Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

The law on children born out of wedlock is as follows:

1. Require the biological parents to have the right to raise and educate them. If the biological parents or one of the parents does not fulfill the obligation to support and educate, the minor child who is not able to live independently shall have the right to demand maintenance and education expenses from the parents;

2. The right to the name of a child born out of wedlock. When a child born out of wedlock is cognitively capable, it is determined through consultation between the biological father and the biological mother. When they have cognitive ability, they can make their own choices;

3. Children born out of wedlock have the right to be protected by their biological parents;

Birth notarization for children born out of wedlock, as follows:

1. The maternity and childbirth medical institution issues the registration form for the first issuance of the "Birth Medical Certificate" of the newborn;

2. The original and photocopy of the valid ID cards of both parents;

3. A copy of the discharge certificate;

4. The mother needs to handle it in person, and if the person handling the person is not the mother of the newborn, the mother's power of attorney must be provided.

Information for the replacement of the Birth Certificate:

1. Go to the maternal and child health hospital in the area to reapply;

2. The information and number of the parents and newborns of the original "Birth Medical Certificate" shall be invalidated in the first place in the area to which it is called, and a copy of the newspaper shall be published;

3. 1 copy of the maternity hospitalization medical record stamped with the seal;

4. The original and photocopy of the second-generation ID card of the parents, and the original household registration booklet;

5. Fill in the application form;

6. One copy of the issuance record of the original issuing agency with the seal of the unit.

In summary, children born out of wedlock have the same rights as legitimate children, 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. ”

Legal basis

Article 1067 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 1071.

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.