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Whether the children born from factual marriage are illegal

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Whether the children born from factual marriage are illegal


        

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  • 2024-06-15 22:00:01

    Children born from a factual marriage are generally not illegal. Because childbearing is a legal right of citizens, it is generally not illegal because of unregistered marriage. And children born out of wedlock are generally regarded as children born out of wedlock. Children born out of wedlock enjoy the same rights as children born in wedlock. No organization or individual may harm or discriminate against them.

    Legal basis

    Article 1071 of the Civil Code of the People's Republic of China [Rights of children born out of wedlock] Children born out of wedlock shall enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them.
    The natural father or natural mother who does not directly support a child born out of wedlock shall bear the maintenance fees for the minor child or the adult child who cannot live independently.

    Article 1084 of the Civil Code of the People's Republic of China [Relationship between parents and children after divorce] The relationship between parents and children shall not be eliminated by parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.
    After divorce, parents still have the right and obligation to support, educate and protect their children.
    After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

    l***

    2024-06-15 22:00:01

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