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Anonymous users2024-02-07Legal analysis: The adoptive child can take the surname of the adoptive father or the adoptive mother, and the adoptive parents shall agree on the wilderness. It is a right of the adoptive parents to change the surname of the adoptive child after the adoption is established, and the biological parents have no right to interfere or obstruct it.
Of course, it is perfectly okay not to change the name of an adoptive child after adoption.
Adoptive parents have the obligation to raise and educate their adoptive children, and adoptive children have the obligation to support and support their adoptive parents, and neither party may abandon or abuse them. The above-mentioned obligations between adoptive parents and children shall not be discharged by divorce of adoptive parents. The adopted child lives with one of the spouses, and the other spouse may not refuse to bear the obligation to support them.
In the same way, after the adoptive child lives independently, the adoptive parents who have lost the ability to work and have no livelihood shall fulfill the obligation of support.
Adoptive parents have the right and duty to discipline and protect their minor adoptive children. When a minor adoptive child causes damage to the State, the collective, or others, the adoptive parents have an obligation to compensate for the economic loss.
Adoptive parents and adoptive children have the right to inherit from each other. Adopted children are legal heirs in the first order as legitimate children. No one may infringe upon or deprive an adopted child of the right to inherit the inheritance, nor may he reduce the inheritance share of the adopted child.
Legal basis: Civil Code of the People's Republic of China
Article 26: The rights and obligations between adoptive parents and adoptive children apply to the relevant provisions of this Law on the relationship between parents and children. After the adoptive relationship is established, the identity relationship of the adoptive parents and children is established, the adopter is the adoptive parent, and the adoptee is the adoptive child, and the legal rights and obligations arise from each other.
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.
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Anonymous users2024-02-06Answer]: The relationship between the adoptive parents and the adoptive child belongs to the pseudo-blood relative, and it belongs to the direct family in terms of kinship.
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Anonymous users2024-02-05Legal Analysis: The relationship between the adoptive parents and the adoptive children is a fictitious lineal blood relationship. 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.
Legal basis: Article 1111 of the Civil Code of the People's Republic of China stipulates that from the date of establishment of the adoption relationship, the 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 parents apply to the relationship of rights and obligations between adopted children and close relatives of their adopted parents.
The relationship of rights and obligations between the adopted child and his biological father and mother and other close relatives shall be extinguished by the establishment of the adoption relationship.
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Anonymous users2024-02-041. What is the legal relationship between adoptive parents and adoptive children?
1. The legal relationship between adoptive parents and adoptive children includes:
1) Parents have the obligation to raise and educate their children; Children have the obligation to support their parents;
2) When the parents do not fulfill the obligation to support, the child who is a minor or cannot live independently has the right to demand that the parent pay child support;
3) When the child fails to fulfill the maintenance obligation, the parents who are unable to work or have difficulties in living have the right to demand the payment of alimony to the child;
4) Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
2. Legal basis: Article 1106 of the Civil Code of the People's Republic of China.
After the adoption relationship is established, the public security organs shall handle household registration for the adoptee in accordance with the relevant provisions of the national cardinal system.
Article 1114.
The adopter must not dissolve the adoptive relationship until the adoptee reaches the age of majority, except where the adopter and the adopter agree to do so. Where an adopted child is 8 years of age or older, the consent of the child shall be obtained.
Where the adopter does not perform the obligation to support the adopter and has abuse, abandonment, or other acts that infringe upon the lawful rights and interests of the minor adopted child, the adopter has the right to request that the adoptive relationship between the adoptive parents and the adoptive child be dissolved. Where the adopter or adopter is unable to reach an agreement to dissolve the adoption relationship, they may file a lawsuit in the people's court.
2. What are the conditions for the establishment of an adoptive relationship?
1. No children, including unmarried Bi Cong without children, as well as married people who have no children due to physical defects or have not yet given birth to children;
2. Have the ability to raise and educate the adoptee;
3. Be at least 30 years old;
4. If a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be more than 40 years;
5. The adoption of a child by a spouse shall be subject to the consent of both husband and wife.
Marriage Law of the People's Republic of China.
It stipulates: "Parents have the obligation to raise and educate their children; Children have an obligation to support their parents". The obligation of maintenance that constitutes the above relationship. >>>More
Your background is quite pitiful, so young by your biological parents to give away, but you are lucky, meet your current adoptive parents, so good to you, although there is no fertility grace but the parenting grace is greater, you try to avoid contact with your grandparents, to tell your adoptive parents, don't embarrass them, don't always quarrel with grandparents, family and everything is prosperous, don't make my family so unhappy because I am alone, isn't it a matter of property, (let your adoptive parents agree to the grandparents' request first.) , Make a will, and the will can only be made one, right, you can first make a copy to meet the requirements of your grandparents, and then make a copy of the true wishes of your adoptive parents, isn't that okay, this is not a deception, it is just a white lie). If you don't care about your adoptive parents' property, you can also make it clear to your grandparents and your adoptive parents face to face, I don't care about your property but feelings, so you can say it face to face to let your grandparents rest assured and your adoptive parents rest assured, don't worry about this, they raised you, and you have to go through this kind of pain, and you look very heartbroken,,, so you have to fight for it, come on, I hope it can help you.
After the adoptive son finds his biological parents, if the adoption relationship is dissolved, he cannot inherit the property of the adoptive father's family; Otherwise, it can be inherited. >>>More
Real-world problems. After seven years of marriage, Xia (male) and Cai (female) could not continue to live together due to personality differences, so they decided to break up peacefully and handle the divorce. For their five-year-old son Xiao Xia, both of them like it very much, and they both hope that Xiao Xia can live with themselves, but considering each other's feelings, the two hope that the two can take turns raising Xiao Xia, each for a year, until Xiao Xia can live independently. >>>More
During the marriage between the biological parents and the step-parents, the relationship between the step-child and the step-parents who have not yet reached the age cannot be dissolved in principle. However, if the stepchild has reached the age of majority and the relationship with the stepparent has deteriorated, the people's court may, at the request of the parties, terminate the relationship of rights and obligations between them, but the stepchild is still obliged to bear the living expenses of the stepparents who have lost the ability to work and have difficulties in living. >>>More