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The illegitimate child was refused to go abroad.
Children born out of wedlock were refused to go abroad. We know that there are many children born out of wedlock in real life, and they may have a lot of trouble doing many things, but that doesn't mean they have no right to do things. After all, children born out of wedlock have equal rights. So will children born out of wedlock be refused to go abroad?
Illegitimate children are refused to go abroad 1 1. Can illegitimate children go abroad?
Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. There are three ways for China citizens to apply for foreign visas:
1. I apply directly to foreign embassies and consulates in China;
2. Entrust the visa office of China Travel Agency (generally limited to tourist visas);
3. Foreign relatives and friends apply for visas directly to the country's immigration bureau.
The adoption of the above three methods depends on the situation. If I am familiar with the situation and the embassy accepts individual applications, I can apply for a visa directly to embassies and consulates in China. Some countries don't have embassies in China, so foreign relatives and friends should apply for entry permits there. After approval, relatives will send it to the applicant, and the applicant can start his journey abroad with his passport and returned visa.
Foreign consulates in China are responsible for applying for visas to their countries for people in their territories. Therefore, visa applicants should know in advance about going to China's embassies, consulates and jurisdictions.
Second, how to register children born out of wedlock?
According to Article 107 1 of China's Civil Code, children born out of wedlock enjoy the same rights as those born in wedlock, and no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise children born out of wedlock shall bear alimony for minor children or adult children who cannot live independently.
According to Article 18 of the Population and Family Planning Law of the People's Republic of China, the state stabilizes the current birth policy, encourages citizens to marry late and have children late, and encourages a couple to have one child; Those who meet the conditions prescribed by laws and regulations may request to arrange for the birth of a second child. Specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees.
Moreover, Article 41 of this Law stipulates that citizens who have children that do not meet the requirements of Article 18 of this Law shall pay social support fees according to law.
Article 45 stipulates: specific measures for the management of family planning work of floating population, specific measures for the management of family planning technical services and measures for the collection and management of social support fees.
The illegitimate child was refused to go abroad. 2 The legal status of children born out of wedlock.
The inheritance right of children born out of wedlock is protected by law. The Civil Code stipulates that "children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them." The provisions of this article treat the status of illegitimate children as legitimate children, that is to say, all rights enjoyed by illegitimate children are equally enjoyed by illegitimate children, and no individual, organization or legal person may harm or discriminate against them. The infringer shall bear all the responsibilities for the resulting infringement.
Adopted children, the state protects the lawful adoptive relationship, and the rights and obligations of adoptive parents and adopted children shall be governed by the relevant provisions on the relationship between parents and children. This is a legally established adoptive relationship, and the adopted parent-child relationship thus established is completely equivalent to the biological parent-child relationship. This status will be lost only after the adoption of the child is released through legal procedures. In addition, no individual, organization or legal person may dissolve this relationship or deprive it of its status.
Stepchildren, article 1072 of the civil code, between stepparents and stepchildren, abuse or discrimination is not allowed.
The provisions of this law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren.
This article clarifies the relationship between stepparents and children, and applies the relationship between parents and children, that is, stepchildren have obtained the same legal status as their own children.
The legal status of "children born of artificial insemination" is difficult to determine. The Supreme People's Court's "Reply on How to Determine the Legal Status of Children Born by Artificial Insemination after Divorce" clearly states that during the marriage relationship, if the husband agrees through consultation or disagrees, the provisions of the Civil Code on the relationship between parents and children shall apply. For those who have not been approved by their husbands in advance and have not been approved by their husbands afterwards, only the relationship with the woman who gave birth to the child is confirmed.
To sum up, children born out of wedlock enjoy the same rights as children born in wedlock, and they are the first heirs, and their inheritance rights are legal and inviolable.
Illegitimate children are refused to go abroad 3 Legal analysis: Yes. Children born out of wedlock enjoy the same rights as children born in wedlock, mainly including
(1) demands parents' right to raise and educate. If the biological parents or one of them fails to fulfill the obligation of upbringing and education, the underage illegitimate children who cannot live independently have the right to ask their parents to pay alimony and education expenses.
(2) Children born out of wedlock have the right to be protected by their biological parents;
(3) Children born out of wedlock have the same rights to inherit the inheritance of their parents as children born in wedlock. No one may interfere with or infringe on the rights enjoyed by children born out of wedlock according to law. According to the relevant laws and regulations, children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1071 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 biological father or mother who does not directly raise children born out of wedlock shall bear the responsibility for raising minor children or adult children who cannot live independently.
Article 127 The inheritance shall be inherited in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
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