Does not having children constitute abandonment? Will you be subject to criminal punishment?

In ancient times, because of the harsh environment, many children were unable to raise after birth, resulting in many children being "sentenced" to death at birth. At that time, because of the law, everyone felt that children belonged to their own property, and the law would not interfere with the life and death of children. With the development of modern society, the legal system is more perfect and moral human rights are more important. Even newborn babies will be protected accordingly. For example, abandonment after giving birth to a child will constitute abandonment. But not all cases of not raising children will constitute the crime of abandonment, and which cases will not constitute a crime? here

Let's share the relevant rules and contents with you, hoping to help you.

Don't you want to break the law when you have a baby? Guo Hui criminal lawyer said that it depends on the actual situation. Not necessarily illegal. It is allowed to give a child up for adoption, but if the child is just abandoned, it is suspected of abandonment.

According to Article 4 of the Adoption Law, the following minors under the age of 14 can be adopted: (1) orphans who have lost their parents; (2) Abandoned babies and children whose biological parents cannot be found; (3) Children whose biological parents have special difficulties and are unable to support them. Article 24 1 of the Criminal Law stipulates that those who refuse to support the elderly, young, sick or other people who cannot live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

If the child is not abandoned, but released for adoption, it does not constitute the crime of abandonment. Appropriate money can be collected as a "thank you fee", but it can't reach the level of huge amount and obvious betrayal, otherwise it will be suspected of crime of trafficking in children.

Therefore, it can be seen from this situation that it is not illegal to transfer to others to raise children because they are unable to raise them within the scope prescribed by law.

Transfer refers to the process of changing something belonging to one owner into another owner by normal procedures. In our daily life, we have all heard of "house transfer". I think it's the first time for everyone to hear about the transfer of people. In the transfer, the law also divides it into gift transfer and sale transfer.

Because of the particularity of children, we can think that it is obviously illegal to buy and sell them as transfer objects. Therefore, today we only discuss whether it is illegal to "transfer", that is, whether it is illegal to "give" children to others for free.

Article 2 of the Measures for the Registration of Adoption of Children by Citizens of China stipulates that "China citizens who adopt children in China or terminate the adoption relationship by agreement shall register in accordance with the provisions of these Measures". Article 4 stipulates: "The parties to the adoption relationship shall go through the registration formalities of the establishment of the adoption relationship in person at the adoption agency. If a husband and wife jointly adopt a child, they shall jointly go through the registration formalities with the adoption registration authority; If one party is unable to go in person for some reason, it shall entrust the other party to go through the registration formalities in writing, and the power of attorney shall be certified or notarized by the villagers' committee or residents' committee. "

In other words, both parents need to agree, and one of them can't go out for foster care without telling his family. Only with the consent of both husband and wife can "transfer" be carried out.

In addition, after all, the object of "transfer" is special, so the transferee should comply with the provisions of Article 5 of the law: "The following citizens and organizations can be adopted as guardians of orphans, social welfare institutions, and biological parents who have special difficulties and are unable to raise their children. "In this article," biological parents "are mentioned, but we should also pay attention to the fact that it is really" unable to raise children with special difficulties ",rather than giving birth to a few more daughters just to give someone a second son; It's not even the case of those who get pregnant unexpectedly during their unmarried period and "transfer" their children to others for adoption because they can't raise them themselves and don't want to drag their parents down.

Of course, not everyone can be a legal adopter. Article 6 The qualifications of the adopter are as follows: "The adopter shall meet the following conditions at the same time: at least 30 years of age, capable of raising children, suffering from diseases that the hospital has explained cannot be pregnant, and childless." In addition, it should be noted that the children who are put out for adoption must be under 14 years old, and the adoption relationship without any of the above conditions has no legal effect.

To sum up, it is not illegal for the husband and wife to transfer the custody of the child through consultation and legal procedures, but it is illegal to turn the child into a tool to make money if money and transactions are involved.