"Unexpected pregnancy but don’t want to get married."

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"I was pregnant unexpectedly, but I didn’t want to get married and my father’s father. Can I" go to my father and stay in the son ‘? "Recently, Ms. Zhu, 35, encountered difficulties.Because Ms. Zhu and her boyfriend are still in the early days of love, they have not considered marriage yet. This accident has made both parties distressed."I am already a mother -in -law. Even if I don’t get married, I want this child." Ms. Zhu’s wishes were firm.

So, in the case of not getting married, can Ms. Zhu register for fertility for children to "legal"?This is to say that my country’s birth registration system.

Only after registration can be recognized by the law

According to the current population and family planning management system in my country, fertility needs to apply for maternity registration; fertility that meets the family planning policy can enjoy the treatment of fertility policies, including: enjoy the treatment of maternity insurance, enjoy medical insurance, reproductive health services, Stay for newborns’ home procedures, etc.In various places, husband and wife can apply for maternity registration services after receiving a marriage certificate.Only after fertility registration can fertility be recognized and enjoyed by the law, such as mothers and children to enjoy the corresponding public services such as medical care, household registration, and education.

At present, the cancellation of marriage registration in my country has actually implemented in Shanghai, Shaanxi, Guangdong, Sichuan and other places, but it has not been fully implemented nationwide.The treatment of maternity insurance only serves people with maternity registration, and those who have not registered cannot enjoy the fertility policy.

Data of the seventh census in 2020 shows that the current total fertility rate of women of childbearing age in my country is 1.3, which is at the level of "extremely low fertility rate".This means that the fertility level of women in my country has entered the world’s lowest country, and the population situation is facing severe challenges.

Professionals believe that the cancellation of marriage registration restrictions from the national conditions in my country will continue to make up the shortcomings and weaknesses, which is conducive to promoting the coordination of fertility policies, meeting the diversified fertility needs of the masses, enhancing the tolerance of fertility policies, creating a friendly childbearing friendship Social atmosphere.Considering the integration of marriage, fertility, breeding, and education, release of fertility potential, promote the harmony and happiness of the family, and promote the continuous efforts of long -term balanced development of the population.

"The cancellation of marriage registration is the national conditions of a modern country, and it is also a necessary measure to ensure that a small number of people live in the normal life of a small number of people." Xie Wenmin, a member of the National Committee of the Chinese People’s Political Consultative Conference and director of Hubei Province’s Shouyi Law Firm, said that the population situation is facing severe challenges.Based on the national conditions of our country, the release of fertility potential, and meeting the diversified fertility needs of the masses are necessary measures for population work.

Avoid unmarried children to become "the people of the Fa"

However, some people are worried that the elimination of marriage registration restrictions will further reduce the marriage rate of non -marriage and childbirth, providing convenience for extramarital children, contrary to public order and customs, and is not conducive to social stability.Xie Wenmin said that protecting the rights and interests of non -marriage groups and their children does not mean encouraging people to be non -marriage. The policy is neutral, and the respect for individual rights is not contradictory.In addition, we must also see that with the increasingly diverse social concepts, non -marriage includes many situations -not wanting to get married, but want to be a mother, ending emotions, but unwilling to have a miscarriage, or men and women are willing to have children but do not want to enter the marriage …

Specifically, non -married children refer to children born to men and women without marriage, including children born to both unmarried men and women, and children born to marry and women and third -person marriage.The confirmation of the identity of non -marriage children is the key to protecting their legitimate rights and interests, and the most effective way to confirm that its identity is fertility registration.

In Xie Wenmin’s opinion, unified management of non -marriage children is conducive to this special group to live normally in the rule of law environment, and avoid making it a "people outside the law."

According to Article 1071 of the Civil Code, children who are not married have the same rights as their children’s children, and no organization or individual may be harmful and discriminated against.The biological father or mother who does not directly raise children who are not married, should bear the support for adult children who are adults or adult children who cannot live independently.Article 1127 of the Civil Code stipulates that in terms of inheritance, the rights and obligations of non -marriage children and children of marriage and children are exactly the same.

In Xie Wenmin’s view, each child has equal rights.If a child of a non -marriage student does not get a legal status, it becomes a "people outside the law", walking on the edge of the society, you can’t learn and employment normally, and finally increase the burden of the whole society.These people are easily reduced to marginal people, causing serious social problems, and even easily violated the law.

"Fertility registration cancels marriage restrictions, and does not substantially change the relationship between husband and wife, parental relationships, and non -marriage children’s rights at the legal level.The spirit of the rule of law in the law.

Back the right to fertility to women

The cancellation of marriage registration is also of great significance to the protection of women’s rights and interests.In Xie Wenmin’s view, with the changes in the social environment, women’s marriage and fertility concept have changed.Unmarried children are also the result of more independent women in the future. The law takes the initiative to take care of the interests of these people. Although the number of people may be very small, it is also a manifestation of the temperature of the rule of law in my country.

"The right to decide whether to give birth to women themselves, including non -marriage women, whether they decide whether to adopt the form of childbirth in the form of marriage, or to reproduce the offspring in the state of being alone, it is the progress of civilization." Xie Wenmin said saidEssence

According to the Women’s Rights Protection Law, women have the right to give birth to children in accordance with the state and have the freedom to give birth.As one of the most basic and important rights of human beings, as one of the rights of human beings, it is the right to be deprived.Do not take marriage as a limited condition for fertility, which essentially reflects the respect of women’s free willingness to fertility, and uses ideas to avoid their worries, so as to create a friendly society.This change is a concentrated manifestation of the spirit of the rule of law, and it is also the deserved meaning of the rule of law society.

"The cancellation of marriage registration is conducive to the implementation of laws and regulations such as the Civil Code, and the legitimate rights and interests of non -marriage children and non -wedding fertility groups are essentially respecting freedom of marriage and freedom.Excessive worry. "Lin Xiaoli said.

Improve the protection of children’s children’s rights and interests

Some people are worried that non -marriage fertility is not conducive to children’s growth, which has a certain reason, but it should not be emphasized too much, because whether it is living together or single -child fertility, it does not mean that it must not provide children with a stable growth environment and attachment relationship.Of course.

"If it is considering the maximization of children’s rights and interests, it should also protect the equal rights and interests of non -marriage children, give their parents a more tolerant public opinion environment, and more friendly policy support.Personal rights, if the past policy is punished for non -marriage fertility, it is now changing in the direction of neutrality and tolerance. This is the improvement of equal rights and an important step in building a friendly society. "Lin Xiaoli said.

To this end, Xie Wenmin suggested to cancel whether the restrictions on the marriage registration object to get married, and the "husband and wife should be registered before childbirth" to "citizens who have children should apply for maternity registration."This means that non -wedding children and more than four children can apply for fertility registration.

"Only by transferring the focus of fertility to the willingness and fertility results, and returning to population monitoring and fertility service, can we achieve more effective monitoring of the population." Xie Wenmin said.

Xie Wenmin also suggested that the protection of the rights and interests of non -marriage children’s settlement, care for young children, school, employment, and employment of non -married children will be improved, and the public service system of unmarried women will be enabled and opens with unmarried women.Children’s families give help and protect, and do a good job of guiding education, so as not to let children who are not married feel discrimination and harm.

(For more content, please pay attention to "Fangyuan" last April)

Original title of this article: "Protection of the rights and interests of children of non -weddial children need to be paid attention to"

Source: Fangyuan Magazine

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