Single parent girl birth medical certificate did not do, the judicial police to help solve
Wei Haibo
Published by: Bureau of Justice Add time:2013/11/18 8:36:47 Last update time:2013/11/18 8:36:47 Hits:1829
A few days ago, Xincheng County Judicial Bureau of the Gupeng Justice police officers
A few days ago, the police officers of Gupong Judicial Office of Xincheng County Judicial Bureau, based on the provisions of relevant policies, laws and regulations of China and Guangxi, successfully helped a woman to request for a single parent to apply for a Birth Certificate for her 1-year-old daughter, which effectively protects and safeguards the right of women to have children.
Wei Hui, female, born in 1970, Xincheng County, Gupeng Town, in February 2011, Wei Hui and Chengguan Town, Teng a divorce agreement because the marriage has not been pregnant with children and child-rearing, and to the marriage registry for the divorce registration formalities. Divorced single Wei will be in January 31, 2012 in Xincheng County People's Hospital full-term cesarean delivery of a baby girl. After being discharged from the hospital, Wei Hui raised her daughter as a single parent. in July 2013, Wei Hui remarried. in late August 2013, Wei Hui named her daughter Wei Feng and wanted to apply for her hukou, but Wei Hui had not been able to apply for her daughter's Birth Certificate since she was discharged from the hospital after giving birth. Wei would like to qualify as a single parent family to apply for a Birth Certificate for Wei Feng, but did not know how to go about it? So Wei will find the Gupeng Justice Center, asked for help.
Gupong Judicial Office police after reviewing the acceptance, according to our country and "on further strengthening the Guangxi Zhuang Autonomous Region 〈birth medical certificate〉 management notice" (Office of Health Women and Children 〔2013〕 No. 43) and other relevant policies, laws and regulations of the spirit and the reality of the practice, they will guide the Wei Wei will write a letter of application, a personal statement, through the Wei will be in the village of the actual situation of the proof, and to collect the Wei will be in the county of the People's Hospital hospital cesarean section of newborns. Weihui was hospitalized at the County People's Hospital, where he was discharged from the obstetrics department to register the cesarean section delivery of his newborn baby, and the registration form for the first issuance of the Certificate of Birth, and other copies of the relevant legally valid forms, records and other original archival materials of the midwifery unit. After collecting all the above materials, and provide Wei will ID card, hukou and other originals and photocopies, on August 30, 2013, Gupeng judicial police commissioned by Wei will be Wei will maternity midwifery county people's hospital, through the explanation of the relevant policies, laws and regulations, midwifery county people's hospital against the "on the further strengthening of the guangxi zhuang autonomous region, 〈birth medical certificate 〉 management of the notice" (Office of the hall of health, women and children 】 43 the spirit of. 2013] No. 43), in line with the spirit of the "medical certificate of birth", while also respecting the individual's right to privacy, so for Wei Hui's daughter Wei Feng for the "medical certificate of birth".
The above case involves the analysis of the main legal links:
The People's Republic of China **** and the State Maternal and Child Health Law, Article 23 provides that: health care institutions and personnel engaged in family births in accordance with the provisions of the State Council's administrative department of health, the issuance of a unified system of newborns issued medical certificates of birth; there is a maternal and infant deaths, as well as the newborns birth defects, it should be reported to the administrative department of health. The administrative department shall report.
Article 35 provides that: without obtaining the relevant certificate of competency issued by the state, one of the following acts, the health administrative department of the local people's government at or above the county level shall stop it, and may, depending on the circumstances, give a warning or impose a fine: (3) the issuance of the relevant medical certificates provided for in this Law. Paragraph (c) of the preceding paragraph issued by the relevant medical certificate is invalid.
Wei will be hospitalized in the county people's hospital for delivery, full-term cesarean delivery of daughter Wei Feng, county people's hospital of the "newborn discharge obstetrics registration", "birth medical certificate 〉 first issuance of the registration form" and other legal midwifery registration records, there are county people's hospital midwifery doctor, nurse practitioner's signature, the county people's hospital of midwifery doctors and nurses are qualified to obtain the relevant certificate of qualification issued by the state personnel Therefore, after Wei Hui was hospitalized and gave birth to her daughter, she had the right to request the County People's Hospital to issue a medical certificate of her daughter's birth, in accordance with Article 23 of the Maternal and Infant Health Care Law of the People's Republic of China. Wei's request was also in line with the "Notice on Strengthening the Management of the New Version of the "Birth Medical Certificate" (《新版》出生医学证明》启用的管理的通知》) (衛婦社发[2004]319号), which was promulgated and implemented by the Ministry of Health of the People's Republic of China on September 17, 2004: the "Birth Medical Certificate" is a legal medical certificate issued in accordance with the "Chinese People's Republic of China" (《中華人民****和国母婴保健法》), which proves the birth status of the baby, the relationship of the blood relatives, and declares the nationality and household register. The birth certificate is a legal medical certificate to prove the baby's birth status, blood relationship, declaration of nationality, household registration, and acquisition of civil status number, and it is the "first certificate of life", and it is necessary to implement the requirement of issuing the birth certificate directly by the midwifery unit, so as to make it convenient for the public to receive it.
But Wei will be in the application, did not provide the child's father's situation, in this case, the county people's hospital will not be given to deal with their daughter in the hospital birth certificate?
We will make an application, but also provide a personal statement and clear "in the county people's hospital in the illegitimate birth of a daughter, named Wei Feng, the daughter's father, I do not give the situation, I as a single-parent family, the daughter's future right to custody and the consequences of the legal responsibility of the consequences of the whole by my one person, and other people have nothing to do with." The administrative village where Wei will be located also issued a certificate. According to the spirit of the "Guangxi Zhuang Autonomous Region on the 〈Birth Medical Certificate〉 Management Measures" and the "Notice on Further Strengthening the Guangxi Zhuang Autonomous Region on the 〈Birth Medical Certificate〉 Management" (Office of the Health Women and Children 〔2013〕 No. 43), the single-parent family children applying for a birth medical certificate, one of the parents to provide the relevant materials to explain the situation and sign the declaration of paternity, the declaration requires that There are the following three statements: first, the reasons for not being able to provide information about the other party; second, once the certificate is issued, it will no longer make any changes; third, all legal responsibilities arising from not being able to provide information about the other party's name, identity card, etc. are borne by the person himself/herself. In accordance with such provisions, the County People's Hospital, as the hospital where Wei Feng's daughter was born, should be obliged to issue Wei Feng's Birth Certificate. Therefore, the county people's hospital for Wei Feng issued the "birth medical certificate" is valid, did not violate the "Chinese people's *** and the mother and child health care law," the circumstances set out in article 35.
At the same time, the case also involves the following laws and regulations:
The Marriage Law of the People's Republic of China "implements the marriage system of freedom of marriage, monogamy and equality between men and women. Protect the legitimate rights and interests of women, children and the elderly. Family planning is practiced."
"Parents have the duty to raise and educate their children; children have the duty to support and assist their parents. Drowning, abandoning infants and other acts of infanticide are prohibited."
"Children born out of wedlock enjoy the same rights as those born in wedlock, and no one may jeopardize or discriminate against them."
"Divorce shall be granted to a man and a woman if they divorce voluntarily. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it ascertains that the divorce is indeed voluntary and that the issues of children and property have been appropriately dealt with."
We will be based on the provisions of China's marriage law, the freedom to marry, divorce, and are registered. During the divorce, Wei will have a daughter born out of wedlock, it did not drown or abandon the baby. However, Wei will not practise family planning.
The Law of the People's Republic of China on the Protection of the Rights and Interests of Women "Women shall abide by the laws of the country, respect social morality, and fulfill their obligations under the law.
"Women have the right to bear children in accordance with the relevant provisions of the State, as well as the freedom not to bear children.
"Local legal aid organizations or people's courts shall help women who have financial difficulties and need legal aid or judicial assistance, and provide them with legal aid or judicial assistance in accordance with the law."
Wei Hui, as a woman, marriage has the right to have children in accordance with the relevant provisions of the State, but also the freedom not to have children, she chose the right to have children as a single parent; in the case of financial difficulties needing legal aid, the police officers of the judicial office to provide legal assistance to her free of charge.
When Wei Hui went to the local police station to apply for the registration of her daughter, Wei Feng, after obtaining her birth certificate, the public security authorities could, in accordance with the spirit of the Notice on Strengthening the Management of the New Version of the Birth Certificate issued by the Ministry of Health of the People's Republic of China and the State of China on September 17, 2004 (Health, Women and Social Affairs [2004] No. 319), verify and identify her authenticity by means of the birth certificate. The Certificate is verified and its authenticity is recognized in order to determine whether or not to apply for hukou registration.
According to the spirit of the Opinions of the Autonomous Region Population and Family Planning Commission, the Autonomous Region Health Department, the Autonomous Region Public Security Department on the Further Strengthening of the Administration of Real-Name Birth Registration (Gui Population Fa [2010] No. 14), the public security organs shall, in accordance with the relevant provisions of the Household Registration Administration, register the births of the citizens who are born. Citizens may apply for household registration with the Birth Medical Certificate and legally valid identity documents at the household registration office of the place where the father or mother has a permanent residence, and the public security authorities shall promptly complete the household registration procedures for them. Wei will be able to rely on this to request the public security organs for his daughter Wei Feng for household registration formalities.
But, at the same time, Wei Hui should, according to the "Measures for the Administration of Social Maintenance Fee Collection", take the initiative to pay the social maintenance fee for giving birth to Wei Feng without practicing family planning, just as he declared to bear all the consequences of legal responsibility in his personal statement.
The above links or analysis of laws and regulations belong to the author's personal opinion. To November 11, 2013 when the author of this article, special telephone consultation with the Xinxin County is responsible for the management of the "birth certificate" of the institutions and personnel, single-parent family qualification requirements for the "birth certificate" of a number of people, a single-parent family of the "birth certificate" to the local police station for the child's admission procedures, the police station household registration police said that due to the problems of the computerized household registration management system To be further revised to be able to enter the generation of single-parent families of children's household registration. (The person concerned in the text is a pseudonym)