If there is a child but no marriage certificate, the two parties do not belong to a legal marriage relationship. Separation does not need to go through any formalities, and normal separation is OK. However, the two parties should negotiate how to solve the child rearing problem and who should have the custody right.
If an agreement is reached, it shall be performed according to the agreement. If no agreement can be reached, a lawsuit can be brought in the court, and the judge will make a judgment based on the principle of helping children grow up.
[Legal basis] Article 1071 of the Civil Code states that children born out of wedlock 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.
