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Couples who are unable to have children due to health or other problems and want to have children to take care of themselves in old age will adopt children. But after raising her adopted daughter, she knew the fact that she was not born to her parents, and there was an emotional gap between her and her parents, and she was unwilling to support her parents. Let's talk about it.
1. Can an adopted daughter refuse the obligation to support?
No. According to the actual situation, as long as the adoptive parents and children go through the adoption formalities in accordance with the law, the adoptive relationship is protected by law, and the adoptive parents have the obligation to raise the children, and the adoptive children have the obligation to support the adoptive parents, and they do not need to be notarized before they are recognized by the law. For specific circumstances, the parties are requested to verify and determine on their own in accordance with the actual situation and relevant legal provisions.
2. Legal Provisions.
Marriage Law of the People's Republic of China
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
When there is a legal relationship between the adoptive child and the adoptive parents, the adoptive daughter should bear the corresponding maintenance obligation, which is a legal obligation and cannot be denied maintenance. If the adoptive daughter refuses to support the adoptive daughter, the adoptive parents should find a lawyer to assist if they want to be able to pursue the legal responsibility of the adoptive daughter through legal channels.
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What are the main obligations of children to support their parents? What are the consequences if you don't support your parents.
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1. Can an adopted daughter refuse the obligation to support?
1. If the adoption relationship is established, the adopted daughter may not refuse the obligation to support. According to the relevant provisions, from the date of the establishment of the adoptive relationship, the relationship of rights and obligations between the adoptive parents and the adoptive children shall be subject to the provisions of the law on the relationship between parents and children, and they shall bear the responsibility of supporting the adoptive parents.
2. Legal basis: Article 1111 of the Civil Code of the People's Republic of China.
From the date of the establishment of the adoptive relationship, the relationship of rights and obligations between the adoptive parents and the adoptive children shall be governed by the provisions of this Law on the relationship between parents and children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents.
The relationship of rights and obligations between the adoptive child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.
2. Can the maintenance obligation be transferred?
The obligation of maintenance is an exclusive personal obligation and is non-transferable. The obligation of maintenance is a personal obligation and is not negotiable. However, if there are more than one support obligor, the maintenance obligation may be distributed among them, and an agreement on the distribution of support obligations may be reached, and when there is a major change in the support capacity between the support obligors, or the death of the supporter or the dependent, the maintenance obligation may be redistributed among the support obligors.
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Summary. Hello dear! If a de facto adoptive relationship is formed (with evidence), an obligation of maintenance may be requested.
Hello dear! If a de facto adoptive relationship is formed (with evidence), an obligation of maintenance may be requested.
According to Article 26 of the Civil Code of the People's Republic of China, adult children have the responsibility to support, support and protect their parents. Article 1067:Parents who do not perform their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand alimony from their adult children. Article 2 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The term "elderly" as used in this Law refers to citizens over the age of 60.
Article 19 A supporter may not refuse to perform his or her obligation to support him on the grounds of renunciation of his right of inheritance or other reasons. If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand that the supporter pay alimony. Dependents are not allowed to require the elderly to perform work beyond their means.
Nominally adopted but never raised a daughter, all expenses and expenses have not been paid, is there still an obligation to pay the living expenses of the elderly when he is old?
Kiss! There is no obligation to pay the living expenses of the elderly. The adopted daughter is only in name, but in fact she has not raised her, nor has she paid any expenses and expenses, so there is no obligation to pay the living expenses of the elderly.
Do you need any evidence and formalities?
Dear, you can have evidence that the other party has never raised you!
What to do if the household registration is with the elderly.
Is there a provision in the Civil Code.
Pro, it's okay to be together, if you don't fulfill your support obligations, you can refuse!
According to the "Adoption Law of the People's Republic of China", the provisions of the law on the relationship between parents and children shall be as follows: Article 23 From the date of establishment of the adoption relationship, the relationship of rights and obligations between adoptive parents and adoptive children shall be governed by the provisions of the law on the relationship between parents and children; The relationship of rights and obligations between the adoptive child and the close relatives of the adoptive parents shall be governed by the provisions of the law on the close kinship relationship between the child and the parents. The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.
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Legal Analysis: No. According to the actual situation, as long as the adoptive parents and children go through the adoption formalities in accordance with the law, the adoptive relationship is protected by law, and the adoptive parents have the obligation to raise the children, and the adoptive children have the obligation to support the adoptive parents.
Legal basis: Civil Code of the People's Republic of China
Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
Article 1072: Stepparents and stepchildren must not be abused or discriminated against. The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.
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Where the adoptive relationship is established, the adopted daughter may not refuse the obligation to support; The Civil Code stipulates that from the date of the establishment of the adoption relationship, the rights and obligations between the adoptive parents and the adoptive children shall be subject to the provisions of the law on the relationship between parents and children, and the responsibility of supporting the adoptive parents shall be assumed.
[Legal basis].Article 1111 of the Civil Code of the People's Republic of China.
From the date of the establishment of the adoptive relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adoptive children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents.
The relationship between the adopted child and his or her biological parents and other close relatives is extinguished by the establishment of the adoption relationship.
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