非婚生子女权益保障对比研究

Comparative Study on Protection of the Rights and Interests of Illegitimate Children

摘要: 2023年2月，四川省卫健委发布了《四川省生育登记服务管理办法》，取消了对登记对象是否结婚的限制条件，再次引发了关于非婚生子女的热烈讨论。我国在立法上明确了非婚生子女和婚生子女具有同等的权利，在世界范围内较为先进，但是由于《民法典》以及相关司法解释对于相关配套性规定尚不完善，导致实践中非婚生子女的认领、抚养和继承存在一系列难题，德国、美国、英国等域外国家在非婚生子女权益保障方面的相关规定对我国具有借鉴意义。结合国外先进经验以及中国式现代化的特点，我国非婚生子女权益的保护应以建立包括任意认领和强制认领在内的全面的认领制度为起点，在此基础上一方面完善生父母对非婚生子女的抚养义务，明确抚养费的支付标准、支付方式、支付期限，建立抚养费强制执行体系，着力解决抚养费执行难的困境。另一方面完善继承通知制度，建立公示催告申请继承权制度保障非婚生子女的继承权，从而在立法和实践中做到对非婚生子女全面、具体、及时的保护，促进社会和谐稳定发展。

Abstract: In February 2023, the Sichuan Health Commission issued the Measures for the Administration of Maternity Registration Services in Sichuan Province, removing the restriction on whether the registrant is married or not, which triggered a heated discussion on illegitimate children once again. China’s legislation has made it clear that illegitimate children have the same rights as those born in wedlock, which is more advanced in the world. However, due to the imperfect provisions of the Civil Code and its judicial interpretations of relevant supporting provisions, there are still a series of difficulties in the claim and maintenance of illegitimate children in practice. The relevant provisions of Germany, the United States, the United Kingdom and other countries outside the region in safeguarding the rights and interests of illegitimate children are of great reference significance to our country. Combined with the advanced experience of foreign countries, the protection of the rights and interests of illegitimate children in China should take the establishment of a comprehensive claim system as a starting point. On this basis, on the one hand, it has improved the maintenance obligations of biological parents to their illegitimate children, clarified the standards, payment methods and deadlines for maintenance payments, and established a system for enforcing maintenance payments, in an endeavor to resolve the difficulty of enforcing maintenance payments. On the other hand, the system of notification of inheritance should be improved, and a system of public notification of applications for the right to inheritance should be established to safeguard the inheritance rights of illegitimate children, so as to provide comprehensive, specific and timely protection for illegitimate children in legislation and practice, and to promote the harmonious and stable development of society.