Autumn and Winter Check-in Challenge "I don't even know the name of my daughter's father!"In Chongqing, a woman broke up with a man after a week of love, and the woman became pregnant but did not tell her ex-boyfriend and gave birth to a daughter. Eight years later, the woman felt that her daughter needed her father, but she forgot her ex-boyfriend's name, so she asked a reporter for help. On the night of the show, the daughter's father took the initiative to contact her .......
*: Daily News 630).
Ms. Feng broke up with her long-time boyfriend when she was 27 years old. After the breakup, Ms. Feng was very sad, but just when she was the most sad and sad, Mr. Chen (pseudonym) suddenly treated her very well and accompanied her through the most difficult moments.
Ms. Feng heard from a friend that the best way to forget one relationship is to start another relationship again. Ms. Feng saw that Mr. Chan was very kind to her, so she decided to forget about the past and try to associate with Mr. Chan.
But in fact, Ms. Feng can't do it, she still can't forget her ex-boyfriend. What's more, she and Mr. Chen only found out that their personalities were incompatible after a few days of getting along, and in the end, the two broke up in a hurry after only being lovers for seven days.
Not long after the two broke up, Ms. Feng found out that she was pregnant, and she was very entangled at the time. I don't love Mr. Chen, but I really want to have a child.
Ms. Feng struggled for a long time, and finally she decided to give birth without informing Mr. Chen and raise her alone in the future.
However, Ms. Feng's decision this time was wrong again!She naively thought that it was enough for the child to have a mother, but since her daughter was born, she often couldn't avoid various problems such as the need for her father's signature.
This year, her daughter is 8 years old, and Ms. Feng has figured it out, she can't be so selfish, she wants to find a biological father for her daughter. But now she doesn't even know the other party's name, and she doesn't know the other party's friends, so she turned to reporters for help.
On the day of the show, Mr. Chen, the daughter's father, took the initiative to contact Ms. Feng. Ms. Feng said that Mr. Chen's personality is the same as back then, but she decided to go with the flow, and then the two discussed it before making a decision.
Some netizens believe that this is the price of young people's impulsiveness!The most pitiful thing is the daughter, she shouldn't come to pay for the impulsiveness of her parents!
Some netizens also believe that if Mr. Chen is not married, then for the sake of the children, he should consider getting together again, but he must take a paternity test first.
But some netizens think that if Mr. Chen is married and has children, then it will be a big trouble, is it considered cheating?Does it count as bigamy?How will Mr. Chen face his wife or girlfriend in the future?That's unfair, isn't it?
Logically speaking, Ms. Feng's approach is indeed a bit selfish for her daughter and Mr. Chen. Especially Mr. Chen's current other half.
So from a legal point of view, how to evaluate this matter?
First of all, Ms. Feng has the right to decide on her daughter, and there is no objection to this.
Article 51 of the Law on the Protection of Rights and Interests of Women clearly stipulates that women have the right to have children in accordance with the relevant provisions of the State, and they also have the freedom not to have children.
All in all, it is her legal right to decide whether Ms. Feng gives birth to a child, and neither her parents, husband, nor boyfriend can forcibly interfere. Not the other way around!That is, Ms. Feng does not want to give birth, and Mr. Chen and others cannot forcibly intervene.
Secondly, Mr. Chan is obligated to pay child support regardless of whether he is married or not.
Article 1127 of the Civil Code stipulates that 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.
Specifically, even if Mr. Chen is now married, as long as Ms. Feng can prove that Mr. Chen is the biological father of his daughter, then Mr. Chen has a maintenance obligation and has to pay not only later, but also before.
Article 1067 of the Civil Code stipulates that if the parents fail to fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand maintenance from the parents.
Parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
Attention!Mr. Chen not only has the obligation to support him, but his daughter can also inherit Mr. Chen's estate in the future!Of course, the daughter also has an obligation to support Mr. Chen in the future. All in all, both duties and rights are mutual!
Article 67, paragraph 1 of the Code of Civil Procedure stipulates that the parties have the responsibility to provide evidence for their claims.
In other words, if Ms. Feng wants to make a claim against Mr. Chen, she must first determine the relationship between her daughter and Mr. Chen by doing a paternity test.
Finally, Mr. Chen is not considered to have cheated in marriage, let alone the crime of bigamy.
Article 1043 of the Civil Code stipulates that husband and wife shall be faithful to each other;Article 1079 also stipulates that if one party cheats on the marital relationship and the relationship between the husband and wife breaks down, the other party may claim a divorce, and if mediation fails, the divorce shall be granted.
Specifically, it is true that both spouses owe each other an obligation to be faithful to the marriage, but the obligations of both parties arise from the marriage certificate.
In short, this obligation arises from the moment the marriage certificate is obtained, and it doesn't matter what the two have experienced before, as long as it is not one foot in two boats, the law does not consider it to be a cheating act of betrayal of marriage.
The Criminal Law defines the crime of bigamy as a criminal act in which the perpetrator clearly knows that he has a spouse and marries him/her.
In other words, Mr. Chen had already broken up with Ms. Feng at that time, and he did not know that he had a daughter, so he did not constitute the crime of bigamy.
But some netizens think that this is too unfair to Mr. Chen and his wife or girlfriend!This is tantamount to depriving others of the right to live happily because of Ms. Feng's selfishness!What do you think about this?
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