If a woman gives birth to a child alone after a broken relationship, should the biological father of the child pay maintenance?The court ruled!
The couple got engaged and moved in together, but it didn’t work out. Years later, the woman showed up with a child.In January 2011, the woman Peng mou and the man Guo mou through blind date and established a love relationship.After getting engaged, the two began living together.In June of the same year, they quarreled over some trivial matters in their daily lives, then fell apart and ended their relationship. During this period, they did not go through the marriage registration formalities.Peng was pregnant when she lived with Guo and gave birth to a boy, Xiao Peng, in February 2012.After the child is born peng mou ever held the child to look for Guo mou, but Guo mou avoids and does not see, Peng Mou then brings up small Peng alone.In August 2020, with xiaopeng education and medical expenses and other expenses gradually increased, Peng mou feel increasingly heavy pressure, again find Guo mou, put forward to share xiaopeng alimony and other matters.Guo denied that he was biologically related to Peng and refused to pay alimony on the grounds that there was a one-letter difference between his father’s name and his own on Peng’s birth certificate.In desperation, Peng filed a lawsuit to shuangfeng County People’s Court in Loudi City, Hunan Province in March 2021.On the problem with the birth certificate, Peng explained during the trial: “I was giving birth alone in the hospital. When the doctor asked, I was weak and my voice was low, so the doctor misheard my name.When I went to the doctor to change it, it was already in file and I couldn’t change it.”In addition, Peng also submitted relevant evidence to shuangfeng County People’s Court in Loudi City, Hunan Province, after a preliminary review, can form a reasonable evidence chain, prove that there may be a paternity relationship between Xiao Peng and Guo.However, Kwak did not submit evidence to the contrary and continued to deny it.Peng applied for paternity test to shuangfeng County People’s Court in Loudi City, Hunan Province, guo was firm and refused to cooperate at first. The judge communicated for many times, and told Guo that if he did not cooperate, he would bear the corresponding legal consequences. Guo finally agreed to carry out paternity test.Through DNA identification, determine Guo mou is small Peng biological father.In order to effectively safeguard the legitimate rights and interests of minors and protect the healthy growth of children, according to Article 1071 of the Civil Code of the People’s Republic of China, 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.The natural father or the natural mother who does not directly rear a child born out of wedlock shall bear the maintenance fees for the minor child or the adult child who cannot live independently.The judge took the actual situation of the original and the defendant into consideration, combined with the local economic development level and consumer spending, and made the following judgment: the defendant Guo mou shall pay the plaintiff Peng mou’s child maintenance of 64,800 yuan from February 21, 2012 to February 20, 2021 within ten days after this judgment comes into effect;Since February 21, 2021, the defendant Guo paid the plaintiff Peng 7,200 yuan of child support for the next year on February 21 every year until Peng came of age.After the first-instance verdict, Guo refused to accept the verdict, arguing that only bear the alimony of Xiaopeng after prosecution, then filed an appeal to the Intermediate People’s Court of Loudi City, Hunan Province.The Intermediate People’s Court of Loudi City, Hunan Province, held that the facts of the first instance were clearly identified and the law was correctly applied. The appeal was rejected and the original judgment was upheld.Editor in charge: Jin Yan