De facto unsupported children are more likely to be ignored. The problems in their rights protection are more hidden. Starting from the current situation of de facto unsupported children in China，we can further understand the relevant policies and laws on their rights protection. Our country has taken many measures to protect their rights to basic living security，health and education. In view of the difficulties in their rights protection，we should solve the problem of identifying children who are not supported in fact，implementation of guardianship responsibility，and Guarantee of mental health.