12-year-old boy sues his biological parents to solve "black households"
Zhejiang Changshan Court concluded a case of juvenile personality rights dispute
□ Our reporter Chen Dongsheng
□ Our correspondent Fan Jianping and Nie Jing
"I can finally participate in the competition on behalf of the school, and I don't have to worry about not being able to go to junior high school. Thank you, the judge, for giving me an 'identity'!" Recently, the People's Court of Changshan County, Zhejiang Province concluded a case of personality rights disputes.
After the judgment came into effect, with the follow-up help of the court, the 12-year-old boy Yang Yang (pseudonym) finally had his own "identity".
a boy without a hukou
There is such a boy, born so far, without a household registration, let alone a name officially written on the household registration book.
The impact of not having a hukou has always been with the boy's growth: he can't go to the hospital without medical insurance, he can't apply for a student status, which makes it a problem for junior high school students. Then came the ridicule of neighbors and the ridicule of classmates.
This boy is Yang Yang, born in October 2010 in Yushan County, Jiangxi Province.
After Yangyang was born out of wedlock, his mother Xu Jun (pseudonym) did not apply for the "Medical Birth Certificate" and household registration for him.
In 2011, Xu Jun handed the 8-month-old Yangyang to Lao Zheng's family in Changshan County to take care of him, and agreed that Xu Jun would pay for the care.
Although Xu Jun did not pay child support as agreed, and rarely went to visit, Lao Zheng and his wife still took good care of Yang Yang as he grew up.
In 2019, the results of forensic identification showed that there was a biological relationship between Yangyang and He Ming (pseudonym), which was also the first time Yangyang saw his biological father.
In 2020, Yangyang sued He Ming to ask him to fulfill his obligation to pay alimony, which was supported by the court. Since then, although He Ming paid 1,000 yuan in alimony every month, he never saw his son again.
As Yangyang grew up, the impact of not having a hukou became more and more obvious.
According to the "Regulations on the Administration of Permanent Resident Registration in Zhejiang Province", within one month after the birth of a baby (including those born out of wedlock and out of wedlock), the guardian of the baby or the household presides over the "Medical Birth Certificate" to the location of the baby's father or mother's permanent residence. The public security police station of the People’s Republic of China declares birth registration; citizens with no capacity for civil conduct or with limited capacity for civil conduct shall have their guardians declare their household registration on their behalf.
This means that only Yangyang's biological parents can initiate the procedures for re-issuing the "Birth Medical Certificate" and applying for the household registration.
In order to have a normal life, Yangyang called his biological parents many times, hoping that they could apply for a household registration for him, but he only got shirk from them again and again.
Xu Jun believes that his living conditions are poor and he has no fixed place to live, and it is not suitable for Yangyang to settle down. He Ming said that he now has a family and 3 children and does not want to affect his current family.
After Lao Zheng and Yangyang's primary school reported the situation, under the leadership of the Changshan County Women's Federation, relevant local departments such as the court, procuratorate, and public security convened several coordination meetings to intervene in the mediation of the case, but to no avail.
A lawsuit over the right to name
The law stipulates that personality rights are the basic rights inherent in civil subjects in accordance with the law, including rights to life, body, name and other rights.
Because He Ming and Xu Jun have not cooperated with the handling of the "Medical Birth Certificate" and household registration, Yangyang filed a lawsuit with the Changshan Court on the grounds that the right of name in the personality right was infringed, and asked the two defendants, He Ming and Xu Jun, to perform the procedures for them. Obligations of "Birth Medical Certificate" and Hukou.
In January 2022, the Changshan Court officially opened the case, and the Juvenile Court Work Office will undertake the case.
The undertaking judge Zheng Ying went to the temporary guardian Lao Zheng's home and school as soon as possible to learn about the life and study of the plaintiff, Yang Yang, and chatted patiently with him.
Facing Judge Zheng Ying, Yang Yang expressed his willingness to settle in the place of his biological father, He Ming, among the two defendants, but he hoped to transfer his hukou to Lao Zheng's name after he settled down: "I hope to always follow the current 'parents'. Life, they've been nice to me."
"When I saw Yangyang for the first time, he was still an 8-month-old baby." Talking about this well-behaved and sensible "son", Lao Zheng was very pleased, saying that the whole family had regarded Yangyang as their own family. , willing to live together.
After in-depth understanding of the case, in order to better help Yangyang solve the problem of household registration, the undertaking judge actively contacted the public security, women's federation, civil affairs and other departments to understand the corresponding matters of household registration, and hoped that through multi-departmental consultation and cooperation and case judgment, to Yangyang Yang has an "identity".
On March 11, the Changshan Court heard the case.
On April 7, the Changshan Court held a second hearing.
During the two trials, the two defendants had great disagreements on where Yangyang's household registration should be located, and neither was willing to let Yangyang settle down.
The court held that the personality rights of civil subjects are protected by law, and no organization or individual may infringe upon them.
Parents have the obligation to support, educate and protect their minor children. This obligation involves the whole process of the physical and mental growth and development of the children. It should include handling various legal documents such as the "Medical Birth Certificate" for children to participate in social activities smoothly, and handling household registration for minor children is the most basic obligation.
In this case, the plaintiff, Yang Yang, as the illegitimate child of the second defendant, enjoys the same rights as children born in wedlock. The second defendant should actively perform his obligations and fully protect the plaintiff's legitimate rights and interests.
However, it has been more than 11 years since the plaintiff was born and the two defendants have not yet handled the "Medical Birth Certificate" and the registration procedures for the plaintiff, which has caused the plaintiff to encounter great difficulties in admissions, competitions, and medical treatment, and has seriously violated the plaintiff's legal rights.
Regarding the location of the plaintiff's household registration, because the two defendants could not reach an unanimous opinion, the court believed that the plaintiff's own wishes should be respected, and he made it clear that he wished to settle in the defendant He Ming's place. From the perspective of protecting the physical and mental health of minors, the court decided to to support this petition.
On April 7, after more than an hour of trial, and taking into account the actual situation and Yangyang's own wishes, the Changshan Court ruled that the defendants He Ming and Xu Jun should apply for the "Medical Birth Certificate" for the plaintiff Yangyang within 15 days after the judgment came into effect. and registered permanent residence, and placed Yangyang's registered permanent residence at the defendant He Ming's place.
A multi-party collaboration across provinces
After the judgment of the case, after the judge's persuasion, the defendant He Ming's attitude also loosened. He expressed his willingness to cooperate with Yangyang in handling the "Medical Birth Certificate" and settling down.
On April 28, the judgment officially came into effect, and the first thing that needs to be resolved is Yangyang's "Medical Birth Certificate".
Affected by the epidemic, He Ming and Xu Jun, who were in other places, were unable to return to their hometown Changshan in time, so they entrusted judge Zheng Ying to help Yangyang to apply for the "Medical Birth Certificate".
Because Yangyang was born in a hospital in Yushan County, Jiangxi Province, Zheng Ying immediately contacted the People's Court of Yushan County, Jiangxi Province and the hospital to communicate related matters in advance.
"After I got the hard-won power of attorney, I was also very excited. I hoped to help the child get the household registration as soon as possible." Certificate process.
On May 12, with the assistance of Yushan Court, Yangyang's "Medical Birth Certificate" was successfully processed.
On the morning of May 17, after preparing Yangyang's "Medical Birth Certificate" and other materials, Zheng Ying and his party came to the public security window of the Convenience Service Center and went through the settlement procedures for Yangyang according to the previous cross-department consultation.
Under the witness of everyone, the 12-year-old boy Yang Yang finally has his own "identity".