Where is the fine 10 after the marriage certificate is reissued for a child born out of wedlock

Updated on society 2024-07-11
8 answers
  1. Anonymous users2024-02-12

    Zhejiang Provincial Population and Family Planning Policy Regulations.

    Article 49: Where a child is born in violation of the provisions of these Regulations, social maintenance fees shall be levied on both men and women in accordance with the following multiples of the per capita disposable income of urban residents or the per capita net income of rural residents in the local county (city, district) in the previous year as announced by the statistics department:

    1) If one more child is born, it shall be levied at two to four times;

    2) If there are more than two children, the levy shall be doubled according to the levy standard of the previous child;

    3) Those who meet the requirements for reproduction but give birth within the interval time of childbirth, and those who have completed the interval of birth but have not been approved to give birth, shall be levied at 0.5 times to 1 time;

    4) Where an unmarried man or woman has reached the legal age for marriage and gives birth to their first child out of wedlock, it shall be levied at the rate of one to two times;

    5) Where a child is born under the legal age of marriage, it shall be levied at the rate of 1.5 times to 2.5 times;

    6) Where one of the spouses gives birth out of wedlock with another person, the levy shall be doubled in accordance with the standards provided for in items 1 and 2;

    7) Where civil affairs departments, family planning administrative departments, township (town) people**, and neighborhood offices discover that the adoption of a child does not comply with the provisions of the "Adoption Law of the People's Republic of China", they shall order the parties concerned to make corrections within five months; Where the parties do not make corrections within five months, it is to be levied in accordance with the standards provided for in items 1 and 2.

    Where an individual's actual annual income is higher than the per capita disposable income of local urban residents or the per capita net income of rural residents, an additional social maintenance fee shall be levied at the rate of one to two times the excess income.

    Take a good look at it yourself to see if your actual situation is eligible for a fine.

  2. Anonymous users2024-02-11

    The fine shall be handled by the family planning department.

  3. Anonymous users2024-02-10

    In such a situation, in addition to consulting the family planning department, you can also consult a lawyer. It is impossible to have such a high fine. And the fines are income-related.

  4. Anonymous users2024-02-09

    Hehe, I haven't encountered your situation, and there is a price to pay for making mistakes.

  5. Anonymous users2024-02-08

    Legal analysis: The fine for having a child out of wedlock has nothing to do with getting a marriage certificate. There is also a fine for reissuing a marriage certificate for a child born out of wedlock.

    Social maintenance fees shall be paid in accordance with the provisions of the law. Moreover, unmarried men and women living together are cohabitation, which is not recognized by law. Where there are other provisions in the other paragraphs of the law, those provisions shall be followed.

    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 must not be earlier than 22 years old 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, there shall be no re-registration.

    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.

  6. Anonymous users2024-02-07

    Legal analysis: The fine for having a child out of wedlock has nothing to do with getting a marriage certificate. There is also a fine for reissuing a marriage certificate for a child born out of wedlock.

    Social maintenance fees shall be paid in accordance with the provisions of the law. Moreover, unmarried men and women living together are cohabitation, and the law does not recognize such cohabitation relationships. Where there are other provisions of the law, those provisions shall be followed.

    Legal basis: Civil Code of the People's Republic of China Article 1007 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. 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.

  7. Anonymous users2024-02-06

    1. For those who meet the statutory requirements for marriage and give birth to their first child without going through marriage registration, they shall make up the marriage registration within 60 days from the date of birth, so that no fine is required. If the first child is born without marriage registration, the marriage registration shall be ordered; If a second child is born without marriage registration, double the social maintenance fee will be levied; If a child with a third child or more is born without marriage registration, social maintenance fees of not less than three times but not more than six times shall be levied.

    2. Children born out of wedlock need to provide the following materials to the police station where the household registration is located

    1) Written application by the parent to enter the household;

    2) The original and photocopy of the baby's birth medical certificate or paternity test certificate (children born out of wedlock must issue a paternity test certificate, which will be issued by an appraisal agency designated by the public security organ);

    3) Parents' ID card and household registration booklet (original and photocopy).

    Therefore, if a child is born out of wedlock, it is necessary to pay a certain amount of social maintenance fees, and illegitimate children can be registered after paying social maintenance fees.

    1. How to determine the custody of children 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 expenses and education expenses until the child is able to live. Although a child born out of wedlock is a child born of an improper relationship between a man and a woman, the responsibility rests with his parents.

    A child is not at fault and has the same legal status as a legitimate child.

    1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

    1) Suffering from incurable infectious diseases or other serious diseases, and children are not suitable to live with them;

    2) The father has not fulfilled the obligation to support the child if he has the conditions to support him, and the father requires the child to live with him.

    3) The child is unable to live with the mother due to other reasons.

    2. For children over the age of two years, both the father and the mother should be willing to live with them, and one of the following circumstances may be given priority:

    1) Have undergone sterilization or have lost their fertility due to other reasons;

    2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

    3) There are no other children, and the other party has other children.

  8. Anonymous users2024-02-05

    Legal Analysis: There will be a fine for reapplying for a marriage certificate after giving birth. Legally speaking, if you meet the conditions for marriage when you give birth to a child, you can reapply for a marriage certificate within two months, and no social maintenance fee will be levied, that is, it can be regarded as a legal birth.

    However, there may be a penalty of money, if you do not meet the conditions for marriage when you give birth to a child, it is illegal to give birth, and you will be charged a social maintenance fee plus a fine. If there is a fine, please consult the local Planning and Welfare Commission for the specific amount of the fine.

    Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 41 Citizens who give birth to children who do not meet the requirements of Article 18 of this Law shall pay social maintenance fees in accordance with the law. If the social maintenance fee payable is not paid in full within the prescribed time limit, and the late payment penalty is not paid in accordance with the relevant provisions of the State from the date of non-payment, the family planning administrative department that made the decision to collect the fee shall apply to the people's court for compulsory enforcement in accordance with law.

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