Customer Cases
Do I need to apply for a birth permit to have a child in a second marriage
Time:2025-09-01 Views:1232
1
Having children from a second marriage does not require obtaining a birth permit. As long as the necessary documents are provided according to the relevant procedures, you can have a second child. If one of the spouses has registered residence in this city, or both registered residence are not in this city, but the wife has lived in this city for over one month, they should register before giving birth to the first child or the second child, that is to say, there is no need to apply for a birth permit for the second child.
II
The issue of raising children born in a second marriage without a marriage certificate also applies to the legal provisions of children born in marriage.
Article 1084 of the Civil Code: The relationship between parents and children after divorce shall not be extinguished by the divorce of the parents. After divorce, regardless of whether the child is directly raised by the father or mother, they are still the children of both parents.
After divorce, children under the age of two shall be directly raised by their mothers. If the parents cannot reach an agreement on the custody of a child who has reached the age of two, the people's court shall make a judgment based on the specific circumstances of both parties and the principle that is most beneficial to the minor child. Children who have reached the age of eight should respect their true wishes.
Article 1085: [Burden of child support after divorce] After divorce, if one party directly supports the child, the other party shall bear part or all of the child support. The amount of expenses to be borne and the length of the deadline shall be agreed upon by both parties; If the agreement cannot be reached, it shall be judged by the people's court.
The agreement or judgment stipulated in the preceding paragraph shall not prevent children from making reasonable requests to either parent exceeding the amount originally agreed upon in the agreement or judgment when necessary.
III
Fanneng Law Firm reminds you that the distribution of pre marital property for second marriage and divorce is as follows:
Pre marital property is personal property and does not become common property due to the continuation of the marital relationship. After divorce, it usually belongs to the individual.
2. If there is an agreement on the ownership of premarital property after marriage, it shall be handled according to the agreement. If the law firm reminds that both spouses agree in writing or orally on who owns the property, and there is no dispute between the two parties, the divorce should be handled according to the agreement.
3. If personal property before marriage is naturally damaged, consumed, or lost in the joint life after marriage, and one party requests compensation with the joint property of the couple during divorce, it will not be supported. Sichuan Faneng Law Firm is dedicated to serving you.