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An Unmarried Child Determination Case
Child Determination Case Unmarried Child

Lawyer: Zhao, Shuangjian

My "Daughter" Please Return the Fertility Indicator to Me"

[Brief introduction]

Chen took the sick daughter to see a doctor and accidentally found out the outpatient case of her daughter in the hospital. The contents of the test report issued by the hospital's blood transfusion department showed that the blood type identification showed: O-type positive. And Chen's blood type is: AB type, Chen who has certain medical common sense knows that according to the blood type inheritance law, the blood type of the parent is AB type, and the blood type of the child cannot be O type. After Chen’s wife, Liu, admitted that she had had an extramarital affair, Chen could not accept the fact that the daughter with the sorrow and grief was not his own flesh. The two parties agreed to divorce in the Civil Affairs Bureau. The divorce agreement stipulated that the daughter should be raised by the woman. The man bears any fees.

 A few years later, Chen remarried, and the remarried wife was pregnant shortly after marriage. Chen was very happy to go with her wife to apply for a birth permit, but who knows that according to China’s plan policy, Chen and his wife had already remarried before If you have a child, you can't apply for a "birth certificate". Therefore, if Chen wants to have a child with a remarried wife, he must prove that he has no children. After Chen repeatedly asked his ex-wife to discuss, but his ex-wife Liu is unwilling to cooperate with his parents. Identification. Seeing that his own flesh and blood will be born, but he can't even give him a legal status. Chen is in a hurry. In desperation, Chen entrusted Ding Wei, a lawyer of Hubei Prjde  &  Bright  Law  Firm  Office  to file a civil lawsuit in the court.

[hosting process]

 In the agency process of the case, after two delivery, the woman Mei did not cooperate with Chen to carry out paternity test, and refused to appear in court, the case was once in distress. Afterwards, we filed with the court according to Article 2 of the Interpretation of Marriage Law: "The husband and wife have appealed to the people's court to confirm that the parent-child relationship does not exist, and have provided the necessary evidence to prove that the other party has no evidence to the contrary and refuses to do the paternity test. The court may presume that the claim to confirm that the parent-child relationship does not exist is established. At the same time, the corresponding medical books are provided for the reference of the judge.

[trial result]
 In the end, our claims and legal opinions were supported by the people's court. The court was absent from the judgment: there is no parent-child relationship between Chen and his daughter.
 
Chen’s child finally had his legal status before he was born. Chen finally came out of the haze brought by the failed marriage in the previous period. Although the case encountered delivery, the other party did not cooperate, and the court did not obstruct, However, I think that I usually know more about the latest legal regulations, and at the same time, I have to check the books related to the case. With solid theoretical support, even if the other party has set up many obstacles in the procedure, I believe the court will support our petition. 

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