Chapter 8: Fatherly Love Has No Choice

Wang Zimin can't let Xiaoxue suffer any harm, he can't be indifferent and let Xiaoxue become a black household, he can't let Xiaoxue lose the happiness of her childhood, and he can't affect her future because of his own negligence. Even if he is not related by blood, he believes that he must take on the responsibilities of a father, and he cannot let her become an outcast of his family and society.

For Xiaoxue's hukou, Wang Zimin went to the police station left and right, and he himself couldn't remember how many times he had run, no matter whether there was hope or not, he refused to give up, and he couldn't give up. As long as he has time, he will run to the police station, and several policemen from the police station have become acquaintances with him, and they will greet him with a smile when they see Wang Zimin coming.

Officer Liu, a household registration policeman, looked at this kind man and couldn't help him, and he patiently told Wang Zimin: "To go through the settlement procedures, you must either prove that it is a parent-child relationship, or you need to meet the conditions for adoption and go through the adoption procedures in accordance with the law." You are now telling me that Wang Xiaoxue's biological mother cannot be found, and if she can't find it, but her whereabouts are unknown, it doesn't mean that Wang Xiaoxue is an orphan. If they are orphans, they can be sent to a social welfare institution, which can apply for a household registration for them in accordance with the law. But Wang Xiaoxue's situation is obviously not an orphan. Therefore, without the consent of her biological mother, the adoption procedures cannot be processed. You can find a way to find Xiaoxue's biological mother, or use a paternity test to determine her paternity with your mother and father, and then Xiaoxue's biological mother will settle her in her place of residence. ”

Officer Liu explained to Wang Zimin: "If you want to settle down here for her, it's not impossible, there are only two ways, one is that if the other party is willing, that is, Xiaoxue's biological mother is willing, you can negotiate with both parties to continue to raise Xiaoxue, this is the best way I can think of for you at present, can solve Xiaoxue's hukou problem." Another is that you and the child do a paternity test to prove that you are the father of the child, and you can also apply for settlement. ”

Officer Liu said very clearly, but Wang Zimin knew that these two methods could not be done at all and would not work now, because Wang Zimin had been looking for Li Yuping for many years, but there had been no result. Even if there is a clue, he will continue to look for it, but Li Yuping seems to have evaporated from the world, and no one knows her whereabouts. If Xiaoxue's school and future work and life are delayed because of this, Wang Zimin will be emotionally unbearable. As for the paternity test between himself and Xiaoxue, Wang Zimin naturally won't mention it again, and he doesn't want to mention it to anyone again.

Officer Liu looked at the desperate Wang Zimin, thought about it and suggested: "Or, you can also go to the law firm and find a lawyer to consult and see if the lawyer can solve this problem." They're a little bit brighter and might be able to help you find a way to solve the problem in other ways. ”

After listening to Officer Liu's words, Wang Zimin had a glimmer of hope in his heart, the lawyer was more familiar with various legal provisions, and maybe they could really come up with some good way for him, so he took the car to the law firm again.

The law firm is more than a dozen stops away from the police station, and Lawyer Zhang, who received Wang Zimin, looked at this sweaty man and patiently listened to the enigmatic story he told, he was moved by Wang Zimin's persistence and kindness, and looked at Wang Zimin with great sympathy, feeling that he should not let this man feel disappointed again.

Lawyer Zhang pondered for a long time and said: "The best way is to deal with this matter through paternity testing, because there are corresponding laws and policies that can handle this hukou issue for your child." But listen to you, this child was born during your cohabitation with someone else, and may not be related to you, in this case, it is more difficult. Because there is no parent-child relationship, there needs to be other legal relationships before the child can be registered. One is a step-child relationship and the other is an adoptive relationship, and these two relationships can be equated with a parent-child relationship. ”

Lawyer Zhang pondered for a long time and then said, "Do you think this is good?" I will help you write a complaint, you can go to the court to sue and ask for the dissolution of the cohabitation relationship with Li Yuping, the litigation request can have two points: one is to dissolve the cohabitation relationship with Li Yuping, and the other is to have your child Wang Xiaoxue born during the period of cohabitation raised by Wang Zimin. Although your cohabitation relationship with Li Yuping no longer exists because of her disappearance, this relationship has existed after all, and since it has existed, it cannot be denied. As long as the court accepts the case, you have hope. ”

Lawyer Zhang looked at Wang Zimin as if he was confused, and carefully explained: "Although you and Li Yuping are not married, it is a fact that you are well known to the locals to live together. Based on this fact, if you propose to dissolve the cohabitation relationship with her, the court will have to confirm this fact, and then you can dissolve the cohabitation relationship in accordance with the law. Although your common-law relationship is long gone, the common-law relationship did exist and there may be some property or child support disputes. The purpose of your request to dissolve the cohabitation relationship with Li Yuping is for the second claim, that is, to bring your daughter Wang Xiaoxue, born during the period of cohabitation, to you to raise. The purpose of raising Wang Xiaoxue is to legally make Wang Xiaoxue recognized as your child. It has been recognized by the law, and I think it can have the same effect as the paternity test, and you can get the court's judgment and request the relevant departments to help you solve the problem of implementing Wang Xiaoxue's household registration. To put it in layman's terms, this is called the curve to save the country. Do you understand? ”

Wang Zimin has been running back and forth between the police station and other departments for several years, but he can only get their sympathy, and no one can solve this problem for him, nor can he come up with any plan that can help him actually solve this problem. He also knew that this matter was not easy to solve, but he felt that he couldn't wait silently at home, and he couldn't wait for Xiaoxue's hukou no matter how much he waited. He was already numb, and it didn't feel too strange to hear an unsolvable reply.

Lawyer Zhang's words finally made Wang Zimin see new hope again, he looked at Lawyer Zhang gratefully and said, "I understand, thank you for your guidance." As long as Wang Xiaoxue's hukou problem can be solved, you can do whatever you tell me to do. Thank you, Mr. Zhang, thank you, I will pay the fee now, please help me write a complaint. ”

Lawyer Zhang patiently told Wang Zimin: "This opinion I said is just my personal opinion, after you submit the complaint to the court, how will the court finally rule and deal with it?" It's another story. They may or may not agree with me. Because I haven't seen a precedent for such a case, there is no similar case, and there is no clear legal provision, so it depends on how the judge thinks about this issue and how to adjudicate this issue, which is called discretion, and this power belongs to the judge. ”

After Wang Zimin submitted the complaint to the court, the court registered the case in accordance with the regulations. When the case was sent to Dongfang Siyi, Wang Zimin asked the presiding judge Dongfang Siyi to receive him, and he frankly explained the purpose of his lawsuit to the judge.

In the face of such a seemingly ordinary civil litigation case, after listening to Wang Zimin's account, Dongfang Siyi was indeed a little surprised. Because the paternity test results prove that there is no blood relationship between the person and the child he raises, the party chooses to go to court to seek child support from the other party who deceived him, and then demand compensation for mental damages. He did not find a similar case, either from the court's anthology or from cases posted online.

Dongfang Siyi is very sympathetic to Wang Zimin's plight, he wants to understand Wang Zimin's true thoughts, and he can't just make a judgment just because of the reasons Wang Zimin wrote in the complaint, he must be responsible for the law, not only to protect the legitimate rights and interests of the parties, but also to pay attention to the protection of the legitimate rights and interests of minors, and also to be responsible for all parties involved in the case. This is not a problem that can be solved by the compassion of judges, but it is a problem that can be solved by finding a legal basis.

"Have you figured it out? Is there anything else you need to explain other than the reasons written in the complaint? Wang Xiaoxue is ten years old, although she is a person with limited civil capacity, she also has a certain cognitive ability, have you talked to her about raising this issue? Is she willing to live with you? Have you ever considered what your plans would be if Wang Xiaoxue's biological mother appeared one day? Although you did not submit a paternity report, you also told me truthfully that Wang Xiaoxue is not related to you by blood, how do you plan to fulfill the duties of a guardian and caregiver? Dongfang Siyi looked at Wang Zimin and asked a series of questions.

Wang Zimin looked at Dongfang Siyi and said: "What I want to say is: for me, for Xiaoxue, who lives with me now, fatherly love has no choice. My purpose is very simple, that is, to let Xiaoxue be like a normal child, to have a normal family life, to go to school normally, to receive education in all aspects of society normally, and to live a normal social life in the future. I don't want her to be discriminated against in any way, I don't want her to be innocently hurt. Since she was born, either I have taken care of her, or my sister Wang Daping has helped me take care of her. From the moment she would call Daddy, she had always treated me like her dad. She didn't know that I wasn't her biological father, and I didn't want to tell her about it, she was too young to understand the entanglement between her parents, and if she knew about it, she would undoubtedly be hurt. Her biological mother has been missing for ten years, I still hope that she can appear, if Li Yuping really appears, if she asks to raise Wang Xiaoxue, of course I am happy, so that Xiaoxue may still find her mother's love. Now, Xiaoxue is actually only one of my relatives, and I want to be a tree that shelters her from growing up, and only I can shield her from the wind and rain, protect her childish years, and give her a carefree childhood. I have no other choice but to hope that the judge will understand my plight and support my request. ”

This is a case that is prone to divergent opinions.

Dongfang Siyi pondered, from the perspective of legal facts, although Wang Zimin and Li Yuping did not fulfill the legal marriage registration procedures, they have openly lived together in the name of husband and wife for two years. Regardless of whether there is a paternity test or not, no matter what the results of the paternity test are, even if Wang Xiaoxue is not Wang Zimin's biological father, the facts that can be determined are that Wang Xiaoxue is the child born to Li Yuping and Wang Zimin during their non-marital cohabitation, and has been raised by Wang Zimin for many years. In fact, this relationship has been formed, and the law cannot ignore this fact that already exists, and this fact does not violate the provisions of the law, and there is no law that provides that children who are not related to themselves cannot be raised.

If Wang Xiaoxue's biological mother agrees, according to the provisions of the Adoption Law, Wang Zimin, as a stepfather, can adopt his stepdaughter Wang Xiaoxue. Now, the whereabouts of Wang Xiaoxue's biological mother Li Yuping are unknown, but judging from the information provided by Wang Zimin, the content of his past phone calls and information exchanges with Li Yuping can be accurately determined: Li Yuping's agreement to hand over Wang Xiaoxue to Wang Zimin for custody is her only choice, and in fact Wang Xiaoxue has always been raised by Wang Zimin and his family, if Li Yuping does not appear in court to respond to the lawsuit and put forward other different opinions, it can also be regarded as agreeing to Wang Xiaoxue to be raised by Wang Zimin in accordance with her previous thoughts and practices.

Considering that there is no precedent for such a case, in order to seek more facts and evidence to support the judgment, Oriental Idea must know more about the facts of the case, so that the judgment can be supported by more facts and evidence.

Dongfang Siyi took the clerk Xu Ming to visit the school where Wang Xiaoxue studied, and accompanied by the teacher, he conducted a detailed interrogation of Wang Xiaoxue himself, and learned that Wang Xiaoxue's feelings for Wang Zimin and his family were inseparable. Therefore, Dongfang Siyi believes that according to the facts of the case and in accordance with the provisions of the law, it is appropriate to rule that Wang Xiaoxue, the girl born to Wang Zimin and Li Yuping during their cohabitation, should be raised by Wang Zimin.

After Wang Zimin filed the lawsuit, because Li Yuping's whereabouts have been unknown, whether it is a notice to respond, a summons to open a trial, and the judgment to be made, it must be served by publishing an announcement in a national newspaper. According to the provisions of the Civil Procedure Law, if the whereabouts of the recipient are unknown and it is necessary to make a public announcement for service, it shall be deemed to have been served after 60 days have elapsed from the date of the announcement. As a result, it will take more than a year for the case to complete the legal procedures.

In the face of Wang Zimin, who often came to the court to inquire about the progress of the case, Dongfang Siyi patiently explained to him again and again, and promised that after the case was decided, if there were still difficulties encountered in the settlement of Wang Xiaoxue, he could help Wang Zimin coordinate and communicate with the public security household registration management department.

When Wang Zimin left the court, a rare smile finally appeared on his face, and under the comfort of Dongfang Siyi, he gradually walked out of his helpless confusion.

(Next Issue: Chapter 9 Occupational Syndromes)