According to China's Marriage Law and Provisions on the Support of Unmarried Children, the biological mother is the legal guardian and supporter of children outside marriage. However, if the biological father wants to raise the child, he can bring a lawsuit to the court, but it must be proved that the biological mother can't fulfill the obligation of raising or the biological mother agrees to give up custody. During the trial, the court will consider the best interests of the child and make a ruling. If both parents refuse to support, the civil affairs department is responsible. According to the Regulations on the Support of Unmarried Children, if both parents have no obligation to support or have difficulties, the civil affairs department shall handle the support of unmarried children and seek appropriate family or other institutions to adopt them.
If the biological father doesn't want to raise children, who will be responsible for raising children? If the biological father refuses to raise the children outside marriage and the biological mother is unable to fulfill the obligation of raising them, the civil affairs department shall be responsible.
On the issue of raising children with extramarital affairs, we should take the best interests of children as the starting point and try our best to ensure that children get a healthy, safe and happy growth environment. In case of disputes, legal procedures should be sought to solve them.
Legal basis:
Article 32 of the Marriage Law of the People's Republic of China * * * After divorce, the custody of children shall be agreed by both parents; If the agreement fails, the people's court shall make a judgment based on the best interests of the underage children.