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If you pay the fine, you can do it.
Article 42 Where a child is born in violation of the law, the county-level people's population and family planning administrative department or the township (town) people's ** and sub-district offices entrusted by it shall levy social maintenance fees on the child in accordance with the following provisions:
1) If the conditions for giving birth to another child are met and the birth certificate is not obtained, the tax shall be levied at 30% of the total income of the previous year. After the collection of social maintenance fees, the birth certificate will be reissued.
2) Where one child is born in violation of the law, it shall be levied at two to six times the total income of the previous year, and if the child is born in bigamy or with a person other than the spouse, it shall be levied at six to eight times; For each additional child, the levy shall be increased by three times in turn.
Where the requirements for marriage are met but the first child is pregnant without marriage registration, the marriage registration and birth certificate shall be completed before the birth of the child. Where children are born out of wedlock or illegally adopted, social maintenance fees shall be levied according to the number of children in accordance with the standards provided for in item (2) of the preceding paragraph of this article.
The total income referred to in this article is calculated on the basis of the actual income of both parties to the illegal birth or the illegal adopter. Where the people's population and family planning administrative departments at the county level need the assistance of relevant departments such as taxation, public security, statistics, labor security, real estate, and other relevant departments in investigating the actual income of illegal births or illegal adopters, the relevant departments shall provide assistance. Where the actual income of rural residents is lower than the per capita net income of rural residents in the previous year in their own township (town), and the actual income of urban residents is lower than the per capita disposable income of the city or county in the previous year, the rural residents shall be calculated on the basis of the per capita net income of rural residents in the previous year in their own township (town), and the urban residents shall be calculated on the basis of the per capita disposable income of urban residents in the city or county in the previous year.
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No, go directly to the local family planning office to get a replacement one, don't look for the neighborhood committee.
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In the case of a child born after marriage, there is no provision for the payment of social maintenance in such cases.
For details, please refer to the regulations on population and family planning administration in each province.
For example, "Zhejiang Provincial Population and Family Planning Regulations".
Article 48: 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 statistical 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 have not been approved to give birth shall be levied at 0.5 times to 1 time;
4) Where the first child has been born for six months after the legal age of marriage has not been registered, but the marriage registration has not been completed, the levy shall be levied at 0.5 times to 1 time;
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.
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There is generally no fine for giving birth to a child out of wedlock for the first child. According to article 18 of the Population and Family Planning Law of the People's Republic of China, the State encourages a couple to have two children. Article 3 of the Measures for the Administration of the Collection of Social Maintenance Fees stipulates that only if a man and a woman give birth to a child in accordance with the provisions of Article 18 of the Population and Family Planning Law, they shall pay social maintenance fees.
[Legal basis].
Article 3 of the Administrative Measures for the Collection and Collection of Social Maintenance Fees.
Citizens who give birth to children who do not comply with the provisions of Article 18 of the Population and Family Planning Law shall pay social maintenance fees in accordance with the provisions of these Measures.
Article 18 of the Population and Family Planning Law of the People's Republic of China.
The State encourages a couple to have two children.
Those who meet the requirements provided by laws and regulations may request that they have another 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.
Where there are inconsistencies in the provisions on the reproduction of children between the provinces, districts, or municipalities directly under the Central Government where the husband and wife's household registration are located, they are to be applied in accordance with the principle of benefiting the parties.
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Legal analysis: If the child is pregnant before marriage, the child will not be fined if it is born after the marriage registration, but if the child has not been searched for the birth permit 6 months after birth, it will be fined by the family planning department before it can be registered. Therefore, unmarried pregnancies need to go through marriage registration and birth certificates as soon as possible, and then give birth to children in accordance with the law.
Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China A citizen who does not meet the requirements of Article 18 of this Law and gives birth to a child shall pay the social maintenance fee of Pina in accordance with the law.
If the social maintenance fee 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.
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Penalty. The standard of fines is determined according to local regulations. According to our country's policy, you must have a birth permit to give birth to a child, and one of the prerequisites for obtaining a birth permit is to have a marriage certificate. Therefore, giving birth out of wedlock does not comply with the national family planning regulations and is an illegal birth.
[Legal basis].Article 41 of the Population and Family Planning Law of the People's Republic of China.
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 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.
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The first child born out of wedlock is not free of fine. Because China has abolished the social maintenance fee collection system, cleaned up and abolished the relevant penalty provisions. Household registration, school enrollment, and employment will be fully decoupled from personal fertility status.
Moreover, China's current fertility policy is to advocate age-appropriate marriage and childbearing, eugenics, and the implementation of the three-child birth policy.
The law is based on coincidental evidenceThe Communist Party of China *****Decision on Optimizing the Fertility Policy and Promoting the Long-term Balanced Development of the Population" III.
8) Implement the three-child policy in accordance with the law. The "Population and Zhengjian Family Planning Law of the People's Republic of China" was amended to promote age-appropriate marriage and childbearing, eugenics, and the implementation of the three-child policy. All provinces (autonomous regions, municipalities directly under the Central Government) are to comprehensively consider the population development situation, work foundation, and policy implementation risks in their respective regions, do a good job of policy convergence, and organize their implementation in accordance with law.
9) Abolish restrictive measures such as social maintenance fees. Abolish social maintenance fees, clean up and abolish relevant penalty provisions. Household registration, school enrollment, and employment will be fully decoupled from personal fertility status.
Properly handle issues left over from history in accordance with laws and regulations. In areas where the contradictions between population development and the economy, society, resources, and environment are more prominent, strengthen publicity and advocacy, promote the effective connection between relevant policies benefiting the people and fertility policies, and accurately do a good job in various management services.
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A fine for the first child born out of wedlock. Our country currently advocates a couple having two children. If a citizen gives birth in a manner that does not conform to the laws and regulations, he or she shall pay a social maintenance fee.
Children born out of wedlock have the same rights and obligations as children born in wedlock, and no organization or individual may harm or discriminate against them. According to Article 3 of the Administrative Measures for the Collection and Collection of Social Maintenance Fees, citizens who give birth to children who do not meet the requirements of Article 18 of the Population and Family Planning Law shall pay social maintenance fees in accordance with the provisions of these Measures. The collection standards for social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the reference basic standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties concerned and the circumstances that do not comply with the provisions of laws and regulations.
The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. Article 3 of the Administrative Measures for the Collection of Social Maintenance Fees does not comply with the provisions of Article 18 of the Population and Family Planning Law and gives birth to a child and shall pay social maintenance fees in accordance with the provisions of these Measures. The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations.
The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may violate the provisions of laws and regulations by adding additional items related to family planning and raising the standard for the collection of social maintenance fees.
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