If there is an objection to the date of birth of the baby, what will prevail?

Mondo Entertainment Updated on 2024-01-30

[Case].

Seeing that Maomao's first birthday was approaching, her mother muttered about what day Maomao's legal date of birth was. The birth certificate issued by the hospital stated that it was June 5, but it was June 4, which can be registered in Maomao's household register. So, which should be the legal date of birth of Mao Mao?

Legal Analysis].

The legal date of birth shall be based on the date recorded on the birth certificate. According to the provisions of the relevant laws of our country, the time of birth and death of a natural person shall be subject to the time recorded in the birth certificate and death certificateWhere there is no birth certificate or death certificate, the time recorded in the household registration or other valid identity registration shall prevail. Where there is other evidence sufficient to overturn the time recorded above, the time proved by that evidence shall prevail. It can be seen from this that the standard for determining the date of birth of a baby is the birth certificate in the first place. In this case, the date recorded on Maomao's birth certificate is June 5, so this date should be deemed to be Maomao's legal date of birth.

Link to the law].

Article 15 of the Civil Code stipulates that the time of birth and death of a natural person shall be subject to the time recorded in the birth certificate and death certificateWhere there is no birth certificate or death certificate, the time recorded in the household registration or other valid identity registration shall prevail. Where there is other evidence sufficient to overturn the time recorded above, the time proved by that evidence shall prevail.

Any legal questions are welcome to be consulted.

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