Can we entrust others to handle the birth certificate for the elderly?
In recent years, with the deepening of social aging, more and more couples choose to have children at an advanced age. However, giving birth at an advanced age has brought some pressure on both the physical and mental health of the couple, and they also need to go through the birth certificate and other related procedures. For some couples who are physically unfit or busy, whether they can entrust others to handle the birth certificate has become a very important issue.
Restrictions of laws and regulations
From the legal perspective, at present, China has not clearly stipulated whether the elderly can entrust others to handle the birth certificate. According to the Judicial Interpretation of the Supreme People's Court of the People's Republic of China on the Trial of the People's Court's Application for Notarization of Wills, the agent applicant can handle matters such as notarization of wills on behalf of others. However, the agency application is obviously different from the birth certificate and other related procedures, so it cannot be directly applied. Therefore, from the legal point of view, the entrusted handling of the birth certificate for the elderly is a legal gray area.
In addition, considering that the birth certificate is the confirmation of important information such as children's nationality and parents' identity, relevant institutions usually require the person concerned to handle the birth certificate in person to ensure the authenticity and accuracy of the information. This limits the possibility of others handling the birth certificate.
Hospital policy and implementation
Each hospital has different policies and implementation of the birth certificate for the elderly. Some hospitals allow one spouse or an employment agent to handle the birth certificate, but they need to provide relevant authorization documents and the identity certificate of the baby's parents. Some hospitals insist that both husband and wife should apply for birth certificates in person. Therefore, whether or not to entrust others to handle the birth certificate needs to be determined according to the hospital's policy.
It is an important principle to ensure the authenticity of the children's parents' identity and safeguard the national interests to apply for a birth certificate in accordance with the law. Therefore, the hospital will generally treat the entrusted application for a birth certificate for the elderly with caution and evaluate it according to the specific situation of the person concerned.
Possibility of change in legal provisions
With the continuous development of society and people's attention to the problem of elderly childbearing, the legal provisions may change. At present, some experts and scholars have called for the regulation and definition of the handling of birth certificates for older children, and explore whether it can be entrusted to others. This will provide more choices for couples whose physical conditions do not allow or who are busy with affairs.
However, in order to maintain family and social stability, promoting the revision of laws and regulations as soon as possible requires balancing various interests and impacts. Therefore, although it is possible, changes in legal provisions need further research and discussion.
Summary
In general, at present, the law of our country has not clearly stipulated whether the birth certificate of the elderly can be entrusted to others, but there is no clear prohibition. Whether to entrust others to handle it depends on the policy and implementation of the hospital. At the same time, because the birth certificate involves important information such as children's nationality and parents' identity, relevant institutions usually require the person concerned to handle it in person. The possibility of changes in legal provisions exists, but further research and discussion are needed.
Therefore, couples who need to entrust others can consult relevant institutions or lawyers to understand specific legal provisions and hospital policies so as to make correct decisions.
