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After 23 years of adopting a bachelor's daughter, the adopted daughter took herself to court and demanded that the adoption be terminated

author:Lawyer Huang Ruifeng

Fang Chongcai, a rural bachelor, adopts abandoned babies

One day in April 1993, a man came to a village in the Forward District with his newborn baby girl, and the man said that the family was unable to support him and hoped that someone would adopt him. Several villagers confirmed the incident, the man took the baby girl to live in the village for a night, no one wanted to adopt, the next afternoon, the village's 31-year-old bachelor Fang Chongcai took the baby girl back home.

At first, his family did not agree to accept the baby girl, because the family's economic conditions were poor, and his mother had already entered an old age, and it was enough to take care of Fang Chongcai, and Fang Chongcai was not able to take care of him alone. Finally, fang Chongjun, the secretary of the village party committee, and Fang Chongcai's mother said, "After you raise the baby girl to adulthood, you can still provide for Fang Chongcai in the future."

Fang Chongcai regards abandoned babies as his own

The Fang family finally accepted the baby girl and named her Xiaofang, although Fang Chongcai was often confused and abnormal, but he took good care of this little girl, often running on the street to buy back bottles, glucose and so on.

According to Fang Chongcai's brother Fang Chongqian, at the beginning Xiaofang mainly relied on the care of her old mother, after the death of her mother, Xiaofang lived with Fang Chongcai's eldest brother Fang Chongqian's family, Fang Chongcai earned money by farming and doing small jobs, and was responsible for Xiaofang's living and study expenses.

After 23 years of adopting a bachelor's daughter, the adopted daughter took herself to court and demanded that the adoption be terminated

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According to Fang Chongcai's brother Fang Chongqian said, the second brother has always been very good to Xiaofang, as if he were his own, when he was a child, Fang Chongcai would often pick her up, and then Xiaofang's biological parents found Xiaofang and wanted to take away, Fang Chongcai was unwilling, so he negotiated that Xiaofang could go to his biological parents' house during the holiday. In the summer when Xiaofang was about 10 years old, she went to her parents' house to play, and when she was close to the start of school, Fang Chongcai was in a hurry, and she got lost to pick up Xiaofang alone, and was sent back to the aid station a few days later.

Villagers once believed that the adopted daughter Xiaofang would let Fang Chongcai, who had some mental and intellectual disabilities due to the sequelae of meningitis, have some support.

Dropping out of school to work, having a good time, everything changed after marriage

In the second year of Xiaofang's junior high school, her grandmother died of illness, leaving only him and Fang Chongcai to rely on each other for their lives, and the family gradually could not afford her living expenses, so Xiaofang had no choice but to drop out of school and follow her relatives out to work.

In the first few years of going out, Xiaofang would save some money every month to call uncle Fang Chongqian's family, and his father would not withdraw money, and would let uncle transfer the money to his father. When he came back from the New Year, he would pull his father to buy him a new dress and new shoes for the New Year.

The villagers all praised Fang Fang's wealth and good fortune, and after this, they really grew old and supported.

In 2009, Xiaofang was 16 years old and fell in love with a young man who was 2 years older in the factory. She couldn't wait to tell Fang Chongcai the news, and said that she would take it home in the new year.

Chinese New Year's Eve, Xiaofang led a thin and tall boy home, and it was seen that Xiaofang liked each other very much, and the boy also said that the two would get married until next year.

After 23 years of adopting a bachelor's daughter, the adopted daughter took herself to court and demanded that the adoption be terminated

Seeing that his daughter had found happiness, Fang Chongcai was naturally happy, but the great uncle Fang Chongqian was not happy. The boy is from Jiangxi, that means that Xiaofang will marry to Jiangxi, if Xiaofang is far away, then who will raise Fang Chongcai?

Fang Chongcai felt that as long as his daughter lived well, he didn't care. However, Fang Chongqian felt that some things must be said clearly, otherwise it would be difficult for the two sides to end up in the future.

After XiaoFang's marriage, Fang Chongcai lived with Xiaofang's family. Fang Chongqian said that during the few years that his brother lived in Xiaofang's mother-in-law's home, most of the time he worked outside the house, helping cattle on the cattle farm, etc., and had conflicts with Xiaofang's in-laws. At the end of 2015, Fang Chongcai returned to the village, when Xiaofangbo's family said that they would send daily necessities every month.

According to Fang Chongqian, before the Spring Festival this year, Xiaofang, who had gone out to work, returned to Guang'an, but did not return to her hometown to visit her adoptive father, and her in-laws did not deliver daily necessities on time, so she quarreled with Xiaofang's father-in-law Xin Fa (pseudonym) on the phone. Chinese New Year's Eve morning, Xin Fa brought his son and XiaoFang to visit Fang Chongcai. Subsequently, Xiaofang took her adoptive father to her in-laws' house for a reunion dinner and sent him back that afternoon.

Originally, Fang Chongcai thought that Xiaofang had come to pick up him and live with him, but his expectations were disappointed. He also did not expect that this meal was actually the last meal that Xiao Fang ate.

In April 2016, 23-year-old Xiaofang filed a complaint against Fang Chongcai, asking the court to end his adoption relationship with Fang Chongcai.

The adoption of a bachelor is invalid

The court ruled that Xiaofang won the case, and her adoption relationship with Fang Chongcai was dissolved because her adoption relationship was not in accordance with the legal relationship.

The Adoption Law clearly stipulates that the adopter should have 4 adoption conditions at the same time before the adoption relationship can be established.

Fang Chongcai was only 31 years old when he adopted Xiaofang, and the age of xiaofang, who was adopted, was not yet 40 years old. Moreover, he has a mental disorder and does not have the ability to raise an adopter alone.

After getting the verdict, some villagers did not deserve to worship Fang Chongcai: so many years have been raised in vain? When hearing the case, the Guang'an Intermediate People's Court pointed out that fang chongcai had the right to claim against xiaofang for more than 10 years when the Fang family had adopted Xiaofang, and the living expenses and education expenses spent during the period. In this regard, Fang Chongcai's eldest brother Fang Chongqian said that whether to recover from Xiaofang for many years of maintenance expenses, the family will make a decision after collective consultation.

Fang Chongqian was not satisfied with the verdict and subsequently appealed, and the court still upheld the original judgment, but the Fang family raised Xiaofang for more than ten years, and all the expenses spent during this period could be claimed by Xiaofang.

At this time, Fang Chongcai was already 54 years old, and no one else wanted him to work odd jobs. He lost the ability to work, lost his financial resources, and could only rely on the minimum guarantee to survive.

After 23 years of adopting a bachelor's daughter, the adopted daughter took herself to court and demanded that the adoption be terminated

He is already old, I don't know if in his lifetime, there is no chance to wait for Xiaofang to come to see him, there is no contact information for Xiaofang at home, and the father and daughter who once relied on each other have become strangers because of a paper judgment.

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