CHINA TOPIX

11/22/2024 02:41:45 pm

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Daughter Gets Married to Father to Get Her Father Permanent Residence Status

Hua Lin married her father in order to get her father a permanent residence status, so that the father could obtain social security benefits.

Due to both father and mother does not reach the condition of receiving permanent residence by using sons' or daughters' permanent residence status. Lin decided to get married to her father and would like to use the spouse relationship to get the permanent residence for her father. However, the marriage certificate did not help her father either Chengdu permanent residence or Chengdu's social security according to laws.

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Lin, 30, lives in Chenghua District and obtained permanent residence status. She has been living by herself after divorce. Last year, her father living in hometown was sick and spent a lot of money. Lin decided to transfer her father's rural permanent residence status to Chengdu's and to receive Chengdu's social security.

However, Lin said that her parents could not apply for the status through Lin's status because her apartment is less than 70 kilometer squares. Lin made the decision to marry her father so that her father could apply for the status by spouse relation. They registered for marriage early this year.

Lin and her father were shocked when they were applying for the permanent residence at the police department. In this situation, Lin's father still could not apply for Chengdu's permanent residence even though they got married according to laws.

Recently, Lin sued her father to Chenghua Court, requesting nullity of marriage. Chenghua Court eventually made the judgment that the defendant and plaintiff are father and daughter, belonging to immediate family members, so their marriage was forbidden by the Article 7 of Marriage Law of the People's Republic of China. They broke the law to get married, so their marriage was null. Also, Lin and her father did not need to be responsible for the case according to the Marriage Law.

According to the Marriage Law, immediate family members are not allowed to get married with each other. From this case, the Department of Civil Affairs does not substantively verify the kinship between the applicants. 

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