How to sever the parent child relationship, how to sever the parent child relationship

Updated on parenting 2024-03-11
22 answers
  1. Anonymous users2024-02-06

    If the relationship between adoptive parents and children, or the relationship between stepparents and children, is artificially established by law, it may be terminated because the proposed kinship relationship is dissolved in accordance with law. However, the paternity of natural blood relatives is based on the fact of the child's birth, and this paternity cannot be artificially terminated through legal procedures, nor can it be severed by publication of a statement or agreement between the parties.

    1. The Constitution of the People's Republic of China, the Marriage Law of the People's Republic of China, and other relevant laws and regulations do not make specific provisions on the declaration of severance of parent-child relations.

    2. In movies, television and some literary works, we can often see content such as "severing the relationship between father and son", and this statement is also common in life, but in fact, many people have misunderstandings about this. According to the provisions of the relevant laws of our country, the relationship between parents and children is divided into two categories: the parent-child relationship of natural blood relatives and the parent-child relationship of fictitious blood relatives.

    1. The parent-child relationship of natural blood relatives is based on the fact of the birth of the child, and the parent-child relationship of natural blood relatives cannot be artificially dissolved through legal procedures or other means, but can only be terminated by the death of one of the parents and children. For example, China's "Marriage Law" stipulates: "The relationship between parents and children shall not be extinguished by the divorce of parents.

    And the statement of detachment from natural consanguinity is, of course, none.

    2. The parent-child relationship of the fictitious blood relatives is artificially set up by the legal act of adoption or remarriage and the formation of the de facto custody relationship, such as the relationship between the adoptive parents and the adoptive child. The parent-child relationship of such fictitious blood relatives may be terminated by the death of one of the spouses, or by the dissolution of the fictitious kinship in accordance with law. If the adoptive relationship is dissolved, the parent-child relationship between the adoptive parents and the adoptive child will be automatically dissolved.

    To sum up, the parent-child relationship of a fictitious blood relative who is not related by blood can be dissolved in accordance with the law, but the parent-child relationship of a natural blood relative cannot be artificially dissolved through legal procedures or other means, and can only be terminated by the death of one of the parents and children.

    Therefore, it is not possible to dissolve the paternity (daughter) with his biological father.

  2. Anonymous users2024-02-05

    The parent-child relationship is a blessing that has been cultivated for many years. If you don't do this as a last resort, if you must cut it off, then consult your local civil affairs bureau.

  3. Anonymous users2024-02-04

    The relationship between father and son is thicker than water, how can it be severed, this relationship cannot be severed.

  4. Anonymous users2024-02-03

    The parent-child relationship is connected by blood, how can the relationship be severed?

  5. Anonymous users2024-02-02

    The severance of paternity is as follows:

    1. Severed the relationship between adoptive parents. where the adoptive parental relationship is severed, it may be terminated through negotiation or litigation in the people's court;

    2. Sever the relationship between biological parents. If the relationship between biological parents and children is severed, there is no way to legally sever the relationship between parents and children, regardless of the considerations;

    3. At present, the law does not recognize the severance of the relationship between parents and children, because the relationship between parents and children is protected by law.

    Legal basisArticle 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, they may dissolve the adoptive relationship by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.

    Article 1116.

    Where the parties agree to terminate the adoption relationship, they shall go to the civil affairs departments to register the termination of the adoption relationship.

    What are the legal procedures for severing paternity?

    1. The natural blood relationship cannot be dissolved in law. For the biological father-son relationship, if it is based on the blood relationship, the relationship can be emotionally severed, but the natural blood relationship cannot be dissolved in law;

    2. For the biological father-son relationship. Paternity is based on blood ties and can be emotionally "severed", but legally this natural blood relationship cannot be dissolved. However, although the blood relationship cannot be dissolved, the father's guardianship obligation to the child based on legal obligations can be automatically lifted after the child reaches the age of 18.

    If you have reached the age of 18, you are legally a person with full capacity for conduct, as long as you do not commit any actLaws and Regulations, completely free and legally free from parental interference. However, if it is a minor who has been adopted by another person since childhood, the relationship of rights and obligations between the adopted child and his or her biological parents and close relatives shall be eliminated by the establishment of the adoption relationship;

    3. For step-paternity. As for the step-father relationship, the theory holds that the step-father and son can be severed after both acknowledging and expressly dissolving the step-father relationship;

    4. For adoptive father-son relationships. With regard to the adoptive father-child relationship, after the adoptive father-child relationship is established, 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 terminate it, and the consent of the adoptive child shall be obtained if the adoptive child is 10 years of age or older.

  6. Anonymous users2024-02-01

    An application for severance of the parent-child relationship may be terminated through negotiation or litigation in court, and the dissolution of the adoption relationship may be reached in writing and then go through the formalities for dissolution with the civil affairs department.

    1. Parent-child relationship.

    The relationship between a parent and their natural, adoptive or stepchild. The parent-child relationship is the earliest interpersonal relationship that children can establish. The parents' character, upbringing, upbringing, education style and attitude towards their children all have a direct impact on the physical and mental development of the child in this relationship, and will also affect the child's future interpersonal relationships.

    The parent-child relationship is an important part of the individual's social life, and in early childhood, it is the dependence of almost all the emotions of the individual. When parents raise their children, they will not only have strong feelings, but also some expectations. These expectations vary from person to person, from culture to culture, and from era to era.

    In some societies, it is believed that parenting is a duty to pass on from one child to another, and parents have an obligation to bring up their born children.

    2. The parent-child relationship cannot be separated.

    The parent-child relationship between parents and children cannot be separated, even if a declaration of separation is written and notarized, it is invalid. The biological parent-child relationship is based on the natural blood relationship between the parents and the child. The relationship between stepparents and children and the relationship between adoptive parents and children are both legal fictitious identity relationships formed through the implementation of certain acts, and thus can be dissolved through certain legal procedures.

    However, the relationship between biological parents and children does not arise through legal fiction and therefore cannot be dissolved by agreement of the parties or by court decision. An agreement signed between parents and children to dissolve the parent-child relationship has no legal effect, and even if a similar agreement is signed, the obligation to support or support must still be fulfilled.

    The essential relationship between parents and children often varies significantly depending on the socio-cultural background. Some societies require children to be absolutely obedient to their parents, not to express the opinions of their juniors easily, and to maintain a strict and one-way relationship. In some societies, children are encouraged to live in a democratic manner with their parents, allowing them to express their opinions in front of their parents at any time.

  7. Anonymous users2024-01-31

    How do I break off my parent-child relationship? If it is a parent, it cannot be severed, this is undeniable no matter what, if it is a parent, it cannot be severed, this is an undeniable fact no matter what.

  8. Anonymous users2024-01-30

    There is no way to sever the parent-child relationship, because this is a blood relationship, unless the parents have not gone through the obligation to support, they have been abandoned or adopted by others, they have not been adopted after all, even if they have given birth to themselves, they can sever the relationship.

  9. Anonymous users2024-01-29

    Legally, the parent-child relationship cannot be severed, and it can only be broken if you leave and never go back. However, this kind of excesses is not recommended, as long as the problems between parents and children do not involve violence, they can be solved through communication, and the life without relatives is not to play this.

  10. Anonymous users2024-01-28

    The relationship between father and son cannot be broken, you have to cancel this idea, how to say that your father is also an elder, communicate with him more, say what is in your heart, and never have that idea.

  11. Anonymous users2024-01-27

    It's hard to decide in China.

  12. Anonymous users2024-01-26

    This relationship cannot be broken.

  13. Anonymous users2024-01-25

    Don't behave like this irrationally, what happened to you?

  14. Anonymous users2024-01-24

    First, it is not legally permissible to break away from the paternity relationship, which cannot be separated.

    Second, even if he owes a lot of debt, it has nothing to do with you, you can help him pay it back if you want to, and if you don't want to pay it back, no one dares to ask you for it.

  15. Anonymous users2024-01-23

    Generally speaking, the parent-child relationship cannot be severed, and if you really want to sever the parent-child relationship, then you should go to the notary office to notarize, and then publish a newspaper to declare the severance of the wife's relationship.

  16. Anonymous users2024-01-22

    China's laws and regulations do not sever the parent-child relationship, parents have the obligation to raise their children, and children have the responsibility to support their parents.

  17. Anonymous users2024-01-21

    I think this idea itself is wrong, because this is always related by blood between parents and children, and it is inseparable from it, and it is necessary to fulfill one's obligations, so I think this should not be done.

  18. Anonymous users2024-01-20

    How do I break off my parent-child relationship? The parent-child relationship cannot be severed, because you have the same blood in your blood, even if it is severed verbally, it cannot be severed in family affection, and it cannot be severed legally.

  19. Anonymous users2024-01-19

    Blood is thicker than water. Even if the parent-child relationship is severed. There is still a parent-child relationship. Do not crash criminally. There is something to discuss.

  20. Anonymous users2024-01-18

    Legal analysis: China's law does not expressly stipulate, nor does it recognize the severance of the parent-daughter relationship, if the parents and children are in an adoptive relationship, they can negotiate or dissolve the parent-child relationship through litigation.

    Legal basis: Civil Code of the People's Republic of China

    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.

    Article 1117.

    After the adoptive relationship is dissolved, the relationship of rights and obligations between the adoptive child and the adoptive parents and other close relatives shall be eliminated, and the relationship of rights and obligations between the adoptive child and the biological parents and other close relatives shall be restored on their own. However, whether the relationship of rights and obligations between an adult adopted child and his or her biological parents and other close relatives has been restored may be determined through consultation.

    Article 1118.

    After the dissolution of the adoptive relationship, the adult adopted children who have been raised by the adoptive parents shall pay living expenses to the adoptive parents who lack the ability to work and lack a livelihood. Where the adoptive relationship is dissolved due to abuse or abandonment of the adoptive parents by the adoptive child after he or she reaches adulthood, the adoptive parents may request that the adoptive child compensate for the maintenance expenses incurred during the adoption period.

    Where the biological parents request the dissolution of the adoption relationship, the adoptive parents may request that the biological parents appropriately compensate for the hardship expenses incurred during the adoption period; However, there is an exception for the dissolution of the adoptive relationship due to the abuse or abandonment of the adoptive child by the adoptive parents.

  21. Anonymous users2024-01-17

    It is possible to request the denial of the parent-child relationship, but not to request the severance of the father-child relationship.

    Legal basisArticle 26 of the Civil Code of the People's Republic of China: Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

    Article 39 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family: Where a parent files a lawsuit with a people's court requesting a denial of parent-child relationship, and has already provided necessary evidence to prove it, but the other party refuses to do a paternity test without evidence to the contrary, the people's court may find that the claim of the party denying the parent-child relationship is sustained. Where the parent or adult child files a lawsuit requesting confirmation of paternity and provides necessary evidence to prove it, and the other party refuses to do a paternity test without telling Min Luo that there is evidence to the contrary, the people's court may find that the claim of the party confirming paternity is sustained.

  22. Anonymous users2024-01-16

    Legal analysis: The parent-child relationship cannot be severed, the parent-child relationship is protected by law based on the birth of blood relationship, and the blood relationship cannot be separated by the law, and there is no provision on the separation of parent-child relationship in China's law. If the child does not fulfill the obligation of support, the parents who need support may mediate through the relevant departments or file a lawsuit with the people's court.

    Legal basis: Article 1067 of the Civil Code of the People's Republic of China provides that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently, Brother Lu has the right to demand that their parents pay child support.

    Parents who lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.

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