Wang Sicong is a "father", lawyer popularizes science: must a child born without the permission of his father be responsible?

Lawyer Zhou Zhaocheng

2024-06-18 18:08Published in Henan Beijing Yifa Law Firm

I eat this melon with relish, Wang Sicong is suspected of being a father involuntarily, and the woman is proud to say that she has a "good life", but when the child came out, Wang Sicong didn't admit it, and directly blacked the woman, so that the woman is now posting a small video for a while and starting a live broadcast for a while, explicitly implying that Wang Sicong needs to be responsible.

The grievances of wealthy families, marriage and love between men and women, are still chaotic, but there are three issues in the law that must be clarified:

First, does Wang Sicong's "father" involuntary situation have legal effect?

The answer is, yes.

As long as it is conceived naturally, whether it is an unmarried birth or an extramarital birth, and regardless of whether the man knows and consents, he is the "father" of the child in the legal sense. Why? Because the law acquiesces that both parties are calm and rational people, and when having sex, it should be foreseen that pregnancy is one of the possible consequences, so as long as the man commits this act, he must be prepared to be a father.

Second, is it possible for this "child" born out of wedlock to become the heir of the Wang family's property?

The answer is, yes.

Since the establishment of the Marriage Law in mainland China, it has been clearly stipulated that children born out of wedlock have the same legal status as legitimate children. Both parents have the obligation to raise, educate and protect them, and children have the same rights to inherit the estate as legitimate children. Regardless of whether the father lives with the child, is married to a third party, or has given birth to other children, he is obliged to bear the cost of raising the child born out of wedlock, and the amount of the maintenance fee shall be determined in accordance with the actual needs of the child, the affordability of both parents and the actual living standard of the local area. Of course, for Wang Sicong, money is not a problem, the question is whether he is willing to give this money.

Third, if you are married or not, if you know or not, if you agree or not, you have to be a father, so is there any situation where Wang Sicong can not be a father?

Again, the answer is, yes.

For example, the parties did not actually have sex, and there was no husband and wife relationship, and the child was conceived by the woman by stealing or defrauding the man's biological material in some way.

Or both parties agree to artificial assisted reproduction, but later the woman conceives without the consent of the man or finds someone to carry out surrogacy and give birth to the child.

In both cases, the man did not have sex, did not have the will to be a father, and had no legal spousal responsibilities, so the law regarded him as a mere sperm donor and was not held responsible. At this time, the law protects the man's right "not to be forced to become a father" in the first place.

Here, I would also like to remind some girls that instead of hoping to find a good father for their children, it is better to try to firmly control their destiny in their own hands, which is the real destiny.

View original image 162K

• 

• 

• 

•