Can the adoption relationship be unilaterally dissolved, can the adoption relationship be unilateral

The adoptive relationship may be established in accordance with law or may be dissolved in accordance with law. So what are the ways and means to dissolve the adoption relationship? The termination of the adoptive relationship can be caused by the registration of the dissolution of the adoptive relationship, the revocation of the adoption certificate, and the declaration of the annulment of the adoption.

First, it is dissolved by agreement of the parties, and the condition for dissolving the adoption by agreement is that the consent of the parties is required. In the case of the adoptive party, the consent of the adoptive child is sufficient; When an adopted child is still a minor, the consent of the biological parents or the original guardian of the adopted child must be obtained, and where the adopted child already has the ability to identify, the opinion of the adopted child must also be obtained. The dissolution of the adoption by agreement may be carried out in accordance with the notarization or registration procedure.

Second, it shall be terminated at the request of one of the parties. That is, one party requests the dissolution of the adoption relationship but the other party does not agree, or both parties agree to dissolve the adoption relationship but disputes arise over property and living issues. Generally, mediation is conducted by the relevant departments, and litigation procedures may be handled by the people's courts.

Article 17 of China's Adoption Law stipulates: "If the relationship between the adoptive parents and the adult adoptive child deteriorates and they are unable to live together, they may dissolve the adoption relationship by agreement." If no agreement can be reached, a lawsuit may be filed in the people's court.

Therefore, when the adoptive relationship between the adoptive parents and the adult adoptive child cannot be maintained for certain reasons, it can be dissolved through legal procedures. After the termination, the relationship of rights and obligations between the two parties is also eliminated. Legal basis:

Article 17 of the Adoption Law of the People's Republic of China: Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, they may agree to terminate the adoptive relationship. If no agreement can be reached, a lawsuit may be filed in the people's court.

Article 25 of the Adoption Law stipulates that the adopter shall not dissolve the adoptive relationship before the adoptee reaches the age of majority, except where the adopter and the adopter agree to terminate the relationship, and the consent of the adoptive child shall be obtained if the adopter is over 10 years old.

Article 26: Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, they may dissolve the adoptive relationship by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.

The dissolution of the adoptive relationship is not as simple as a paper agreement, because the formation and dissolution of the adoptive relationship are often directly related to the protection of the rights and interests of minors, so when the adoptive relationship is dissolved, the law has strict provisions: generally speaking, the adopter shall not dissolve the adoptive relationship before the adoptee reaches the age of majority, except where the adopter and the adopter agree to terminate it, and the consent of the adopted child shall be obtained if the adoptive child is over 10 years old. If there is a situation such as the adopter abusing the adoptee, or if the child is an adult and the relationship is too bad to live together, the two parties may negotiate whether to dissolve the adoption relationship, and if the negotiation fails, it can be resolved through litigation.

The financial expenses paid by the adopter during the existence of the adoptive relationship can also be resolved through negotiation or litigation. Adult adopted children like Qian Meng, who have been raised by their adoptive parents, even after the adoption relationship is dissolved, are required by law to pay living expenses to their adoptive parents who lack the ability to work and lack of livelihood.

It should be pointed out that after the adoptive relationship is dissolved, the rights and obligations between the adoptive child and the adoptive parents and other close relatives will be eliminated on their own, and the rights and obligations between the adoptive child and the biological parents and other close relatives will be restored on their own, but whether the rights and obligations between the adult adoptive child and the biological parents and other close relatives will be restored may be determined through consultation.

If the relationship between the adoptive parents and the adult adoptive daughter deteriorates, can the adoptive relationship be dissolved?

An adoptive relationship can be dissolved, but certain conditions must be met, and generally speaking, the following circumstances can be dissolved:

1. The relationship between the adoptive parents and the adult adoptive children deteriorates and they are unable to live together;

2. The adopter does not perform the obligation to support the minor child, and has abuse, abandonment, or other acts that infringe upon the lawful rights and interests of the minor child;

3. The person exercises the right to terminate the relationship between the adoptive parents and the child;

4. Abusing or abandoning adoptive parents because of the adulthood of an adopted child.

If one of the above conditions is met, the adoption relationship may be dissolved. In addition, if the adopted child has reached the age of 8, the consent of the child concerned shall be obtained. Where the adoptee is still a minor, the adopter must not dissolve the adoptive relationship, except where the adoptive or both parties agree to dissolve it.

1. What are the conditions that need to be met to dissolve the adoptive relationship.

The adoptive relationship may be dissolved if one of the following conditions is met:

1. The relationship between the adoptive parents and the adult adoptive child deteriorates and they are unable to live together;

3. The adopter exercises the right to dissolve the relationship between the adoptive parents and the child;

4. Raising children as adults, abusing or abandoning adoptive parents.

According to the relevant laws and regulations, the adopter shall not terminate the adoption relationship before the adoptee reaches adulthood, but the adopter and the adopter shall not terminate the adoption relationship by mutual agreement, except for Shen Song. 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 conduct that infringes 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.

Legal basis: Article 1114 of the Civil Code.

Termination by agreement of the parties and termination due to illegal acts] The adopter must not dissolve the adoptive relationship before the adoptee reaches the age of majority, except where the adopter and the adopter agree to terminate it. 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.

Legal Analysis: Adoption can be lifted. It is necessary to pay attention to the fact that the adopter must not dissolve the adoptive relationship before the adoptee reaches the age of majority, except where the adopter and the adopter agree to terminate it, and the adoptive child is over the age of 10, the consent of the adoptive child shall be obtained.

Legal basis: Article 1116 of the Civil Code of the People's Republic of China: Where the parties agree to terminate the adoption relationship, they shall go to the civil affairs department to register the termination of the adoption relationship.

Legal Analysis: Adoption refers to the adoption of another person's child as one's own child, which is a legal way for the occurrence of the paternity of the pseudo-blood relative. Adoption must comply with the conditions and procedures prescribed by law, and our country protects the legal adoptive relationship.

Because of the special nature of adoption, China's laws also impose strict restrictions on the dissolution of the adoption relationship. In principle, the adopter cannot dissolve the adoptive relationship before the adoptee reaches the age of majority, except where the adopter and the adopter agree to terminate the relationship.

Legal basis: Article 1115 of the Civil Code of the People's Republic of China: Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, the adoptive relationship may be terminated by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.