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According to the case (sixty-nine)

Ganzi Daily December 18, 2019

[Case] Can a child born out of wedlock require a biological father who does not directly support him to pay maintenance?

case:

Ze is a illegitimate daughter of Jiang and Gen, born in July 2018. Jiangmou and Genmou have never lived together since Zemou was born. Zemou has lived with his mother since his birth, and Jiangmou has not fulfilled his obligation to support him. Because Genmou did not have a fixed income, it was difficult for one person to take care of Zemou's life. In order to ensure normal study and life in the future, Zemou sued the court and asked to lower the monthly maintenance fee of 500 yuan until he was able to live independently. During the trial of the case, the defendant surrendered that he did not recognize the plaintiff Ze as his biological daughter, and asked for a paternity test with the plaintiff. Both parties went to Sichuan Southwest Judicial Identification Center for a paternity test on October 28, 2019. The identification results support that Jiang is the biological father of Ze.

The Dege County People's Court heard that according to Article 25 of the “Marriage Law of the People ’s Republic of China” “Children born out of wedlock have the same rights as children born in wedlock, and no one may harm or discriminate against them. They do not directly raise children born out of wedlock The biological father or mother should bear the living and education expenses of the children until the children can live independently. Cover their living expenses, education expenses and medical expenses. The living expenses can be determined according to the actual needs of the children, the affordability of both parents, and the local actual living standards. This case is determined as 350 yuan per month based on the actual income and consumption levels of the region. Each bears 50%, and the expenses incurred by the paternity test should be borne by Jiang as he proposes.

Judge comment:

The so-called illegitimate children refer to children born to men and women without a marriage relationship. In Tibetan areas, due to the influence of the traditional “drilling tent” custom, farmers and herdsmen have a weak concept of legal marriage, childbearing, a large number of children born out of wedlock, lack of labor in the family, and inability to protect the rights of women and children. Hidden dangers have seriously affected social harmony. Children born out of wedlock have the same rights as children born in wedlock. No one can harm or discriminate against them. They must rely on the strength of the law to protect children's rights and interests, and educate and guide the masses to marry and raise children in accordance with the law.

Contributed by Dege County People's Court


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