4 months before the divorce, his wife gave birth to two children, and after 9 years, the Health and Health Bureau notified the man to be treated as illegal childbirth

Notice issued by Heshan District Health Bureau of Yiyang City

Recently, a notice of illegal childbirth circulated on various major online platforms. Four months after the divorce of his ex-wife in 2012, a man gave birth to two children, which was identified as an out-of-policy childbirth. The local health bureau requested that the ex-wife’s second child be provided. If the child and himself are non-biological children, they will be treated as illegal births if they are not submitted. On April 14, Dajiang.com and Dajiang News called the Heshan District Health Bureau of Yiyang City to confirm that the notice was indeed issued. However, as to when the notice was issued after nearly 9 years, the other party refused to answer.

Reflect: The local health bureau issued a notice of illegal childbirth after a lapse of 9 years after the second child born by the ex-wife

According to the notice provided by netizens, the illegal childbirth notice was issued by the Health Bureau of Heshan District, Taiyang City on April 13, 2021. The content of the notice is why XX and Cai XX were married in July 2003, and they were married in January 2004. The first child born within the month of marriage is a boy, which is part of the policy. After the two parties divorced in March 2012, the woman gave birth to the second child in July 2012, which is a boy, which is an out-of-policy childbirth.

The notice requires the man to submit conclusive evidence to the Heshan District Health Bureau before April 29, 2021 that the second child born to the woman is not his own natural child. If the evidence is not submitted within the time limit, his child will be presumed to be the natural child of the former spouse according to law. , The man will be dealt with as an illegal childbirth.

Heshan District Health Bureau: This notice is indeed issued

On April 14, reporters from Dajiang Net and Dajiang News called the Heshan District Health Bureau of Yiyang City, and the staff confirmed that the notice was indeed issued by the Health Bureau. As for the notice that the man will be subjected to illegal childbirth treatment, whether it is to collect social maintenance fees, the staff member said that it is not a fine. Regarding when this notice was issued after nearly 9 years, the staff refused to answer the specific penalties for illegal childbirth stated in this notice, and said that one or two sentences of the situation are not clear, and you can go to the bureau to learn more if necessary.

The reporter learned through inquiring that for illegal childbirth, social support fees must be paid in accordance with the law. The collection standards of social maintenance fees are based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards, combined with the actual income level of the parties and the circumstances of childbirth that do not comply with laws and regulations. Determine the levy amount. The specific collection standards of social maintenance fees shall be stipulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Expert: Under the current circumstances, there is no legal basis for collecting social maintenance fees

So, in the case of this netizen, should he be treated for illegal childbirth? On April 15, reporters from Dajiang.com and Dajiang News contacted Professor Yan Sanzhong, the deputy dean of the School of Political Science and Law of Jiangxi Normal University and the director of the Rural Research Center for the Rule of Law of Jiangxi Normal University. He said that before the implementation of the new “Population and Family Planning Law” The decision to levy social support is in line with the laws and policies at the time; if the current full liberalization of the second child is to continue to levy social support for the behavior of giving birth to the second child before the policy is liberalized, there is a lack of law Based on.

Yan Sanzhong said that social maintenance as a specific administrative act of administrative collection and administrative charges should follow the principle of legal administration, that is, it should be based on currently effective laws and regulations and not on old laws and regulations that have expired. Although childbirth took place before the new “Population and Family Planning Law” was promulgated, according to the 84th “Legislation Law”, “Laws, administrative regulations, local regulations, autonomous regulations, separate regulations, and rules are not retroactive. But in order to better protect the rights and interests of citizens, legal persons and other organizations, except for the “special provisions”, we will not change those that have been dealt with before January 1, 2016 and have been implemented. Agree. However, if the processing decision has not been received or the processing has not been completed after January 1, 2016, the provisions of “except for the special provisions for better protection of the rights and interests of citizens, legal persons and other organizations” shall apply to benefit citizens The new law on rights and interests no longer deals with actions that were illegal in the past and are now not.

In addition, Yan Sanzhong mentioned that since the law liberalizes the second-child policy, it shows that the act of giving birth to the second child does not have any social harm to the society. If the parents who have not been dealt with before “snatch the second child” are dealt with, there is no legal basis. , It also runs counter to the new population policy, and clearly suspects law enforcement for benefits.

(Original title: “Experts on Notification of Illegal Birth in 9 Years of Second Birth: Lack of Legal Basis”)

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