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What should I do if I get married and have children before reaching legal age
Time:2025-08-28 Views:1077
There is no punishment, but social support fees must be paid.
Article 48 of the Population and Family Planning Regulations stipulates that for those who give birth in violation of the provisions of this Regulation, social care fees shall be levied on both men and women according to the following multiples of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published by the local county (city, district) statistical department:
（1） For those who have one more child, they will be charged twice to four times the amount;
（2） For those who have more than two children, the tax will be doubled based on the previous child's tax rate;
（3） Those who meet the conditions for reproduction but have given birth without approval shall be subject to a levy ranging from 0.5 times to 1 time;
（4） For those who have reached the legal age of marriage but have not registered for marriage and have given birth to their first child for six months but have not yet registered for marriage, the tax will be levied at a rate of 0.5 to 1 times;
（5） For those who give birth before reaching the legal marriage age, they shall be subject to a tax ranging from 1.5 times to 2.5 times;
1. Article 6 of China's Marriage Law stipulates: "The age of marriage shall not be earlier than 22 years for men and 20 years for women
This is the starting point for the age of marriage for men and women, and it is the boundary between legal and illegal marriages. At this age, it is not mandatory for men and women to get married. The country calls for late marriage, and young men and women can voluntarily postpone their marriage according to their own situation and requirements. The legal age for marriage and the call for late marriage, one is to prevent early marriage, and the other is to promote late marriage; One is mandatory regulation and enforcement, and the other is advocacy and calling. The two should not be artificially opposed. After publicity and education, some people who have reached the age of marriage insist on getting married, and the marriage registration authority should handle the marriage registration.
2. In order to respect the customs and habits of ethnic minorities, the current Marriage Law stipulates that ethnic autonomous regions may make flexible provisions on the statutory age of marriage based on the actual situation of their own ethnic groups. The marriage age stipulated in the Marriage Law has universal applicability, but in certain special circumstances, the law also allows exceptions to be made to the marriage age. For example, considering the multi-ethnic characteristics of our country, Article 50 of the Marriage Law stipulates that "the people's congresses of ethnic autonomous areas have the right to formulate flexible provisions based on the specific situation of local ethnic marriage and family." Currently, some legislative bodies of ethnic autonomous areas in China have made flexible provisions on the statutory age of marriage in the Marriage Law. For example, in Xinjiang, Inner Mongolia, Xizang and other autonomous regions, as well as some autonomous prefectures and autonomous counties, the minimum age for marriage in this region is 20 for men and 18 for women. But these flexible regulations only apply to ethnic minorities and do not apply to the Han people living in the region.
3. Marriage that has not reached the legal age of marriage refers to one or both parties living together as husband and wife under the legal age of marriage.
4. Men who are 25 years old and women who are 23 years old belong to late marriage.
Article 25 of China's Marriage Law stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no one shall harm or discriminate against them. According to Article 18 of the Population and Family Planning Law of the People's Republic of China, the state should stabilize the current fertility policy, encourage citizens to marry late and have children late, and encourage a couple to have one child; Those who meet the conditions stipulated by laws and regulations may request to have a second child arranged.
The specific measures shall be formulated by the people's congresses or their standing committees of provinces, autonomous regions, and municipalities directly under the Central Government. According to Article 41 of this Law, citizens who do not meet the requirements of Article 18 of this Law for giving birth to children shall pay social support fees in accordance with the law. Article 45 stipulates: Specific management measures for family planning work for floating population, specific management measures for family planning technical services, and management measures for the collection of social support fees.
According to legal regulations, although there is no legal punishment for marrying and having children under the legal age, social support fees must be paid because it violates the family planning regulations. The above is the relevant knowledge brought to you by the editor of Fanneng Law Firm about what to do when getting married and having children under the legal age. If you have any questions or do not understand anything, you can consult the lawyers of Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.