There are some phenomena in life that adopt and adopt other people's children as their own children, but China's laws also have strict legal conditions for the adoption of children. Adoption, adoption of a child without meeting the legal conditions, or adoption proceedings that do not comply with the provisions of the law, will result in the adoption relationship being invalidated and not protected by law. Today's article will tell you about the legal knowledge of the adoption relationship.
The following conditions are required for the adoption relationship to be established
According to the provisions of Title V of the Civil Code on adoption in the Marriage and Family Chapter, the conditions for the establishment of an adoption relationship are as follows:
Article 1093 of the Civil Code
The following minors may be adopted:
(1) Orphans who have lost their parents;
(2) Minors whose birth parents cannot be found;
(3) Children whose birth parents have special difficulties and are unable to support them.
Article 1094 of the Civil Code
The following citizens and organizations may serve as adopters:
(1) Guardians of orphans;
(2) Social welfare establishments;
(3) Birth parents who have special difficulties and are unable to support their children.
Biological parents who send their children for adoption shall be jointly sent by both parties. If one of the birth parents is unknown or cannot be found, it may be sent unilaterally for adoption.
Article 1098 of the Civil Code
The adopter shall also meet the following conditions:
(1) Have no children or only one child;
(b) Have the ability to raise, educate and protect adoptees;
(3) Not suffering from a disease that is medically considered undesirable to adopt a child;
(4) There is no record of violations or crimes that are detrimental to the healthy growth of the adoptee;
(5) Be at least 30 years old.
Note:
Article 1100 of the Civil Code
A childless adopter may adopt two children; Minors who are adopted as orphans, minors with disabilities or who are not able to find their biological parents in the custody of a child welfare institution may be exempted from the adopter's "no children or only one child" clause.
Article 1102 of the Civil Code
Where a person without a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee shall be more than 40 years.
Exceptions apply to adoptions in the following cases
(1) The adoption of a child of a collateral blood relative of the same generation within three generations may be exempt from the restrictions provided for in Article 1093,(3), Article 1094(3) and Article 1102 above.
2. Overseas Chinese who adopt children of collateral blood relatives of the same generation within three generations may also be exempted from the restrictions provided for in Paragraph 1 of Article 1098 above.
(3) The stepfather or stepmother may adopt a stepchild with the consent of the stepfather's biological parents and may be exempt from the restrictions provided for in Article 1093(3), Article 1094(3), Article 1098 and Article 1100(1) above.
An adoption relationship that is not registered has no legal effect
Adoption by the adopter and adoption by the adopter must be voluntary. Where minors over the age of eight are adopted, the consent of the adoptee shall be obtained. Adoption shall be registered with the civil affairs department of the people's government at the county level or above. The adoption relationship is established from the date of registration. After the adoption relationship is established, it is necessary to register the adopter's household registration, the adopter shall go to the public security department with the adoption registration certificate to register the adoptee for the adoptee in accordance with the relevant provisions of the State.
Invalid adoptions are not protected by law
The relationship of rights and obligations between the adoptive parents and the adopted children shall be governed by the provisions of the law on the relationship between the parents and children from the date of establishment of the adoption relationship. After the adoption relationship is dissolved, the relationship of rights and obligations between the adopted child and the adoptive parents and other close relatives is eliminated, and the relationship of rights and obligations with the birth parents and other close relatives is restored on its own. Where an act of adoption is confirmed by the people's court to be invalid, it has no legal effect from the beginning of the act. An invalid adoption is not protected by law and does not produce any legal consequences of the establishment of an adoption relationship.
Typical cases
Liu Mou (male) and Zhang Mou (female) lived together after meeting each other and gave birth to a daughter. Without Liu's consent, Zhang sent the child to Deng and Chen to raise. Deng and Chen had already given birth to two boys before adoption, and had not registered with the civil affairs department for adoption after adoption. Ten years later, Liu found that his child was raised by Deng and Chen, so he found Deng and Chen and asked to return the child to him, but was refused. So Liu filed a lawsuit with the court, claiming that the adoption relationship between Deng and Chen and the child was invalid. During the trial, defendants Deng and Chen demanded compensation for their child support expenses during the period of raising the child.
In this case, Mr. Zhang sent the children born out of wedlock between the two parties to the defendants Deng X and Chen X to raise them without the consent of Mr. Liu, and Mr. Deng and Mr. Chen had already given birth to two children before adopting the children, did not have the statutory conditions for adoption, and had not been registered for adoption by the civil affairs department, violating the provisions of relevant laws, so Zhang's adoption behavior and Deng and Chen's adoption were invalid civil acts. Deng X and Chen X have paid for raising children, and they have also suffered certain economic losses, Liu X and Zhang X should give appropriate compensation to Deng X and Chen X, and Zhang X agreed to bear all the maintenance compensation. The court ruled that Deng and Chen's adoption of Liu's and defendant Zhang's adoption of the daughter born out of wedlock was invalid; Zhang should compensate Deng and Chen for the maintenance expenses of RMB 38,000.
Wen Law Says:
The adoption of a child needs to meet the conditions for adoption, and the adopter is registered with the civil affairs department of the people's government at the county level or above, and the adoption relationship is established from the date of registration. Where the biological parents request the termination of the adoption relationship, the adoptive parents may request that the biological parents appropriately compensate for the maintenance expenses incurred during the adoption period;
Author: Wen Feifei, lawyer
Editor: Jin Yi, lawyer