1950 Marriage Law of People's Republic of China -
Articles 20 and 21 - Page 9
Chapter VI - Maintenance and Education of Children after Divorce
Article 20
The blood ties between parents and children are not ended by divorce of the
parents. No matter whether the father or the mother has the custody of the
children, they remain the children of both parties.
After divorce, both
parents continue to have the duty to support and educate their children.
After divorce, the guiding principle is to allow the mother
to have custody of
a breast-fed infant. After the weaning of the child, if a dispute arises
between the two parties over the guardianship and an agreement cannot be
reached, the people's court should render a decision in accordance with the
interests of the child.
Article 21
If after divorce, the mother is given custody of a child, the father is
responsible for the whole or part of the necessary cost of the maintenance and
education of the child. Both parties should reach an agreement regarding the
amount and the duration of such maintenance and education. Lacking such
agreement, the people's court should render a decision.
Payment may be made in cash, in kind or by tilling the land allocated to the
child.
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