Is it illegal for Zhang Bichen to have a daughter out of wedlock?
Hua Yingchen and Hua Chenyu paternity if determined?
First, according to the "Marriage Law Judicial Interpretation III"
Paternity lawsuits belong to the identity of the relationship between the lawsuit, mainly including the denial of legitimate children and the adoption of illegitimate children of the lawsuit, that is, the denial of de jure paternity or recognition of de facto paternity. The development of modern biomedical technology has made DNA identification technology widely used to prove the blood relationship between children and their parents, especially their fathers. Paternity testing technology is simple and easy to implement, with a high accuracy rate, and plays an extremely important role in litigation, with more than 120 countries and regions around the world having adopted DNA technology as a direct basis for adjudicating cases. When dealing with disputes about paternity, if one party provides evidence that can form a reasonable chain of evidence to prove that there may or may not be a parent-child relationship between the parties concerned, and the other party has no evidence to the contrary and resolutely refuses to agree to do paternity testing, the people's court may, in accordance with Article 75 of the "Provisions of the Supreme People's Court on Evidence in Civil Litigations", which came into force on April 1st 2002, make a decision to This is recognized in Article 2 of the Marriage Law Interpretation (III). From the consultation, the majority opinion is that the provisions of the presumption of paternity are in line with the social norms and easy to operate in practice.
Second, unmarried births are illegal, in violation of the Marriage Law and the Family Planning Law, but does not involve criminal offenses. Unmarried children are subject to fines and other legal penalties. According to Article 41 of the Population and Family Planning Law, "Citizens who give birth to children who do not conform to the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the law. If the social support fee due is not paid in full within the prescribed period, a late payment fee shall be added in accordance with the relevant State regulations from the date of non-payment; if it remains unpaid, the family planning administrative department that made the decision to collect it shall apply to the people's court for a compulsory license in accordance with the law." According to article 3 of the State Council's Measures for the Administration of Social Alimony Levy, "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 alimony 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 standards for reference, and the amount of the fee shall be determined in the light of the actual income level of the person concerned and the circumstances of the birth of a child that does not conform to the provisions of the laws and regulations."
Third, how to get a household registration for children born out of wedlock?
1, pay social support fee
Children born out of wedlock need to pay a certain amount of social support fee, the specific cost can be consulted with the local authorities.
2, the preparation of materials
Both parties to the hukou, marriage certificate, ID card copies of each prepared.
3, application
Write an application, both parties who write can (if you two account is not in a household register, the child's account into the name of who wrote the application), and then open a household register of the local neighborhood committee or village certificate (the child's account into the name of whose household register of the local neighborhood committee or village to open the certificate).
4, fill in the form
to the two parties on either side of the hukou location police station to fill in the form (if your child's current age of 2 years old to fill in the birth of the approval of the form, more than 2 years old to fill in the hukou registration form).
5, sign
Fill out the complete form and the above photocopied copies and children's birth certificates (below the "household registration authority to save" small strip) stapled together, looking for the precincts of the police to sign. The first thing you need to do is to get a copy of your child's birth certificate, and then get it signed by a police officer.
It is important to note that there is no requirement for a birth certificate to be issued for household registration, so if you have to go to the township or street family planning office where the woman's household registration is located, you can do it.
Fourth, how to deal with the breakup of children born out of wedlock?
"The Supreme People's Court on the people's courts to hear cases of cohabitation in the name of husband and wife without marriage registration and a number of opinions" (hereinafter referred to as "Opinions"), Article 9, the dissolution of illegal cohabitation, the two sides of the illegitimate children born out of wedlock, by which one side of the child, both sides of the negotiation, consultation, consultation is not possible, the interests of the child and the two sides of the specific circumstances of the verdict, the children of the breastfeeding, in principle, should be by the mother, such as the father's family. In principle, children who are breastfeeding shall be brought up by the mother, or by the father if the father is in good condition and the mother agrees. If the child is a person with limited civil capacity, the opinion of the child shall be sought, and if one of the parties sends the minor child for adoption, the consent of the other party shall be obtained.
V. Unmarried Birth Policy in Guangdong Province
On December 27, 2015, the 18th meeting of the Standing Committee of the 12th National People's Congress passed a decision on amending the Population and Family Planning Law, and the amended Population and Family Planning Law came into force on January 1, 2017, officially. As a result, the one-child policy, which has lasted for 36 years, has officially come to an end. In fact, both before and after the amendment of the Population and Family Planning Law of the People's Republic of China*** and the People's Republic of China, it has been stipulated that "Citizens have the right to procreate and the obligation to practise family planning in accordance with the law." In addition, article 25 of the Marriage Law also stipulates that "children born out of wedlock enjoy the same rights as those born in wedlock, and no one may jeopardize or discriminate against them." The above laws, on the one hand, do not deny the reproductive rights of unmarried people, and on the other hand, protect the equal rights of children born out of wedlock.
However, the provisions on the reproductive rights of unmarried people are broad and vague, and regulations and administrative acts that ignore or even significantly restrict the reproductive rights of unmarried people appear from time to time. For example, according to Article 48 of the Regulations on Population and Family Planning of Guangdong Province, which was passed and came into effect on March 27, 2014, "Anyone who gives birth to more than the second child without marriage registration and anyone who has a spouse and gives birth to another person shall be treated as having a child in excess of the stipulated limit." At the same time, article 53 provides that if a person who has not registered his or her marriage and has not done so within 60 days shall be required to pay two times the amount of the social support fee based on the average per capita net income of the local townspeople in the previous year. In other words, even if the first child is unmarried, you have to pay the social support fee.
In this regard, the new version of the Guangdong Provincial Population and Family Planning Regulations, which came into effect on January 1 this year, has made adjustments.
In the morning of December 30, 2015, the Guangdong Provincial People's Congress Standing Committee of the twelfth session of the twenty-second meeting of the second plenary session of the vote unanimously adopted the newly amended Guangdong Provincial Population and Family Planning Regulations. The new regulations reduce the legal responsibility for the birth of a child without marriage registration, and make it clear that the birth of the first child without marriage registration, no longer levied social maintenance fees, and only urge to make up the relevant procedures.
The right to procreate is an aspect of basic human rights, and unmarried people also have the right to procreate. "The 'overbirth' and unmarried birth of two unrelated things together, this is not reasonable. The changes to the regulations reflect a more humane law. Lawyers believe that the new regulations are actually a response to the more prominent problem of unmarried births, with an appropriate balance of interests, and objectively do help safeguard the reproductive rights of single women. But overall, the regulations do not promote the behavior of unmarried birth.
The new policy on unmarried births mainly provides for the exemption of unmarried births of one child, and no longer levies social maintenance fees.