Is it a legal couple to give birth to a child without a marriage certificate?

They cannot be regarded as legal husband and wife, who have already registered their marriage, do not have a marriage relationship, and are not protected by law.

If you give birth to a child without obtaining a marriage certificate, it can only be considered a cohabitation relationship at best. In the face of the current law, cohabitation is not protected. If it is necessary to ensure that the rights and interests of a man and a woman are not violated or that there is a property dispute after separation, a marriage certificate shall be obtained for the legal marriage.

Legal basis] Article 1049 of the Civil Code stipulates 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.

If they gave birth to children before February 1, 1994 and live together, they are in a de facto marriage and are legal husband and wife; If a child is born after February 1, 1994 and does not have a certificate, it is a cohabitation relationship.

A legal relationship between husband and wife can only be established if a marriage certificate is obtained. After giving birth to a child, they can only be the parents of the child, and living together can only be a cohabitation relationship. A child can only be considered illegitimacy, but can inherit the inheritance of his or her biological parents in the future.

After February 1, 1994, there was no de facto marriage relationship in China, and only after obtaining a marriage certificate can it be regarded as a legal union.

Protected by law. A child born without a marriage certificate is an illegitimate child, and according to article 25 of the Marriage Law, an illegitimate child has the same rights as a legitimate child, and an illegitimate child also has the right to demand maintenance from his or her parents who have not fulfilled or inadequately fulfilled their maintenance obligations. Because the parents are not legally married, children born out of wedlock often cause many people to "look the other way" and bear undue pressure.

Then, in order to personally raise a child born out of wedlock and give the child more care and warmth, the person concerned needs to take more care of the child and enhance the relationship with the child. At the same time, it is necessary to collect evidence to fight for the custody of the child from the following aspects: (1) prove that you have been sterilized or have lost your fertility due to other reasons; (2) Proof that 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) The other party suffers from an infectious disease or other serious illness that cannot be cured for a long time; (4) The other party has other circumstances that are not conducive to the physical and mental health of the child, and it is not suitable to live with the child; (5) The income of the other party is stable and the income of the other party.

Marriage Law of the People's Republic of China》 Article 25 [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 and education expenses until the child is able to live independently. Article 8 of the Marriage Law of the People's Republic of China [Marriage Registration] A man and a woman who wish to marry must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

First of all, if you get married, you must get a marriage certificate, which is protected by law. Prove that the marriage of two people is legal and that the marriage has legal effect.

Gave birth without a marriage license. First of all, you have not obtained a marriage certificate, and you are not a legal husband and wife. Marriage is not protected by law.

In this way, even if your husband leaves you and has another child with someone else, it is not bigamy. You are still unmarried in terms of marital status. But you have a de facto marriage.

That is, both of them have children.

Children born out of wedlock are treated the same as children born in wedlock. Although the child is born out of wedlock and is not protected by law, however. He was treated in the same way as a legitimate child.

The same has the right to upbringing and education. Even if two people are separated, the child must be supported and paid. But if the two of you don't register your marriage, your child's hukou can't be registered on anyone's hukou.

It can also be difficult to get your children to go to school.

According to the provisions of the new "Marriage Law in 2019", even if there is no marriage certificate, those who meet the following three conditions can be regarded as legal couples!

1.Couples who were married before 1994.

First of all, the couple who got married in 1994, some friends may know that our country has officially introduced the "Marriage Law" since 1994, and since then this law has become a very important basic policy of our country, in fact, some marriages in 94 years before were counted as illegal, but now after adjustment, if it is a marriage that does meet the regulations, it is legally considered valid, even if there is no marriage certificate, it can be regarded as a legal couple!

2.I have always lived in the name of husband and wife.

In the past, this situation may have appeared more in rural areas, but now there are many young people who have not received a marriage certificate, but they have always lived in the name of husband and wife, and even have given birth to children, and these people have also handled the marriage ceremony without a marriage certificate. Even if you don't have a marriage certificate, you can be considered a legal couple.

3.The parties had never been married before.

The last condition is that if the marriage was made before 1994 and both parties have never been married before, as long as both parties have declared their husband and wife, this is still a legal and valid husband and wife relationship. However, it is still recommended that friends who have not received a marriage certificate are not difficult to get a certificate, after all, it can protect the relationship between our husband and wife, or try to go through the normal legal procedures!

A legal relationship between husband and wife can only be established if a marriage certificate is obtained. After giving birth to a child, they can only be the parents of the child, and living together can only be a cohabitation relationship. A child can only be considered illegitimacy, but can inherit the inheritance of his or her biological parents in the future.

Of course, they are not legal couples who have given birth to children and have not received a marriage certificate, which means that only those who have received a marriage certificate are legal couples protected by law. You didn't get a marriage certificate after you had a child, and the child's household registration is also a problem, right? Therefore, you must go to get the certificate as soon as possible, and after getting the certificate, you can register the child.

The only basis for whether or not to be a legal couple is to have a marriage certificate, and nothing else can be counted. It is said that some people in rural areas have held weddings without obtaining marriage certificates, but in fact, this is not a legal marriage relationship. After having a baby like you, you have to get the certificate as soon as possible, otherwise the child will not be able to stay at home, and it will be very troublesome to go to school or something.

As long as both men and women reach the legal age of marriage, in fact, it is very simple to get a certificate with a household registration book. See what proof you need, and if you have an ID card, you can go directly to the Civil Affairs Bureau.

According to the provisions of the new Civil Code, although you have given birth to a child together, but have not received a marriage certificate, you are not yet a legal husband and wife, and you can only be regarded as cohabitation.

The Marriage Law had de facto marriages, but when it was amended, the provisions on de facto marriages were abolished. As long as you do not have a marriage certificate, you are not legally married. However, the child is innocent, so the law stipulates that the rights of an illegitimate child are the same as that of a legitimate child, and that both parents have the obligation to support them.

If a child is born without a marriage certificate, this situation is not called a legal couple. As long as there is no marriage certificate, it is said that the relationship between the two of us is not protected by law. Even if you have children and do not have a marriage certificate, it does not mean that two people are legally married.

However, as an unmarried husband, you have the obligation and responsibility to raise your children. The rest doesn't matter. It is also advisable to consult a lawyer according to your situation, they are very professional and can also get help.

Legal analysis: It cannot be regarded as a legal husband and wife, the legal husband and wife have already registered their marriage, and if they do not have a marriage certificate, there is no marriage only and no relationship, and they are not protected by law. If you give birth to a child without obtaining a marriage certificate, at most you can only have a cohabitation relationship, and the cohabitation relationship is not protected.

If it is necessary to ensure that the rights and interests of men and women are not violated or property disputes after separation, a marriage certificate shall be obtained for a legal marriage of filial piety.

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.

This case is not as legal as sail husband and wife.

According to the new marriage law, only when a marriage certificate is legally obtained is a marriage protected by law.

Just having a child and not getting married is a violation that is not protected by the law, and it is not subject to the legal slag and hail resistance procedures.

Without a marriage certificate, it is not protected by law, it is not legal, it is not considered a husband and wife, at most it is cohabitation.

Of course, this is not a legal husband and wife's calendar, there is only one thing for a legal husband and wife, that is, a marriage certificate, after receiving the marriage certificate, only the key is not a legal husband and wife, and nothing else is it.

This must not be counted, now the standard for husband and wife is based on the marriage certificate, if there is no marriage group training certificate, then it is not the key between husband and wife, and it has nothing to do with having children.

It is not a legal husband and wife, nor is it a husband and wife, it is just a cohabitation relationship.

A legal relationship between husband and wife can only be established if a marriage certificate is obtained. After giving birth to a child, they can only be the parents of the child, and living together can only be a cohabitation relationship. A child can only be considered illegitimacy, but can inherit the inheritance of his or her biological parents in the future.

Whether marriage is legal or not, there is no necessary connection between having children or not.

According to the current law, a man and a woman living together without a marriage certificate cannot constitute a legal husband and wife relationship, but can only be regarded as illegal cohabitation, and the child born is considered to be illegitimate child.

A legal relationship between husband and wife can only be established if a marriage certificate is obtained. After giving birth to a child, they can only be the parents of the child, and living together can only be a cohabitation relationship. A child can only be considered illegitimacy, but can inherit the inheritance of his or her biological parents in the future.

A legal relationship between husband and wife can only be established if a marriage certificate is obtained. After giving birth to a child, they can only be the parents of the child, and living together can only be a cohabitation relationship. A child can only be considered illegitimacy, but can inherit the inheritance of his or her biological parents in the future.