It's not illegal for a child to be non-biological. When the child is adopted, although the child is not biological, it is legal; If one party has a child and marries the other party, at this time, although the child is not the biological child of the other party, it is still legal. But if the child is abducted or cheated, it is illegal at this time.
Don't biological children have the obligation to support?
Non-biological children do not necessarily have the obligation to support, but if they are adopted children or stepchildren who have the relationship of support, they have the obligation to support. According to the law, parents have the obligation to raise, educate and protect their minor children. If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently have the right to ask their parents to pay alimony. The minor children here refer to children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
To sum up, when the child is not the husband, the divorce will generally be awarded to the woman, but the innocent party has the right to request the wrong party to make compensation. At the time of divorce, the woman needs to provide evidence to prove that the child is not the husband's, and then the court will decide the custody of the child according to the specific circumstances.
Legal basis:
People's Republic of China (PRC) Civil Code
Street 1042. Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage.
Bigamy is prohibited. Spouses are prohibited from living together with others.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
Article 1043rd A family should establish a good family style, carry forward family virtues and attach importance to the construction of family civilization.
Husband and wife should be loyal to each other, respect each other and care for each other; Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations.