What are the legal consequences of an invalid adoption?

It clarifies the legal consequences of an invalid adoption being confirmed by the court as invalid. The specific content will be compiled and introduced by Legal Express for you.

What are the legal consequences of an invalid adoption?

After the act of adoption is confirmed by the court to be invalid, the parent-child relationship between the adopter and the adoptee is retroactively extinguished, and the parent-child relationship between the adoptee's biological parents and the adoptee is retroactively restored. That is, the extinction of this fictitious kinship and the restoration of the original consanguinity take effect at the beginning of the act of adoption, not after the court confirms it. This provision is consistent with the provisions of the General Principles of the Civil Law on invalid civil acts, which stipulate in paragraph 2 of Article 58 that "invalid civil acts shall not be legally binding from the beginning of the act."

Given that there may be a considerable amount of time between the court's determination of the invalidity of the adoption and the commencement of the adoption, during which time many changes in rights and obligations may arise on the basis of illegality. Therefore, the retroactive invalidity of the act of adoption may affect the reinstatement of these changed rights and obligations. For example:

If the court declares the adoption null and void, the inheritance relationship based on the adoption is also null and void, and the invalid inheritance must be restored and the inherited property redistributed among the other heirs.

What are the conditions for dissolving an adoption?

In any of the following circumstances, the adoptive relationship may 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 adopter 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 the adopted child is 10 years of age or older, the consent of the child shall be obtained. Where the adoptee is still a minor, the adopter must not dissolve the adoptive relationship. However, except where the agreement between the adoptive and adoptive parties is terminated.

1. What kind of adoption is not legally valid?

1) Adoption in violation of Article 55 of the General Principles of the Civil Law is invalid.

1) The adoption of the parties to the adoption relationship who do not have the corresponding capacity for civil conduct is invalid.

2) The act of adoption with an untrue expression of intent is invalid.

In the act of adoption, the so-called true expression of intention means that the act of adoption must be voluntarily of the parties and reflect the true intentions of the parties. If the parties to the adoptive relationship do not really establish the intrinsic intent of the parent-child relationship through adoption, but try to achieve other unlawful purposes through adoption; or through adoption to circumvent family planning policies and laws and regulations; or the intention of the person concerned to adopt is not voluntary, but the result of fraud or coercion, etc. As long as these circumstances exist, it means that the parties' expression of intent to engage in the civil act of adoption is not true, and the adoption relationship formed therefrom has no legal effect.

3) Adoption that is contrary to the law or the public interest is invalid.

2) Violations of the Adoption Act are invalid.

1) Adoption that violates the basic principles of the Adoption Act is invalid.

2) An act of adoption that violates the substantive requirements stipulated in the Adoption Act is invalid. It mainly refers to the violation of the qualification requirements of the parties to the adoption as stipulated in the Adoption Law.

3) Adoption that violates the procedural requirements stipulated in the Adoption Act is invalid.

2. How to deal with the adoptive relationship after the adoption is confirmed to be invalid?

Article 25 of the Adoption Law stipulates that "if an act of adoption is confirmed by a people's court to be invalid, it shall have no legal effect from the beginning of the act".

The same shall apply if the adoption registration is revoked by the adoption registration authority and thus becomes invalid. This means that an adoption that is found to be invalid does not have any legal consequences for the establishment of an adoptive relationship. Where the parties to an invalid adoption have illegal or criminal conduct, such as the adopter abducting and selling a child in the name of adoption, or the parents selling their biological child in the name of adoption, they shall also bear corresponding responsibility for administrative violations and criminal liability. ‍‍

1. An adoption act that is found to be invalid is not legally binding from the beginning;

2. The property and income generated by the parties shall be returned, and if they cannot be returned, they shall be compensated at a discount;

3. Other legal consequences.

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 relationship of rights and obligations between an adopted child and the close relatives of the adoptive parents shall be governed by the provisions of this Law on the close kinship relationship between Qi Lu's children and their 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.

Article 1113.

There are circumstances in which Part I of this Law provides for the invalidity of civil juristic acts, or where adoption acts violate the provisions of this Part are invalid.

An invalid adoption is not legally binding ab initio.

Legal analysis: First, the perpetrator does not have the corresponding capacity to act. Second, the actor's intention is not true.

3. Violating the law or the public interest. 4. The adopter has children and adopts a child who is not an orphan, an abandoned child or a child who is not disabled. 5. The adopter is under the age of 30 and adopts the adopter.

6. Except for citizens or overseas Chinese in Lunyan who adopt children of collateral blood relatives of the same generation within three generations, a male without a spouse adopts a female Ying Penitent, and the age gap between the two is less than 40 years. 7. The parties to the adoption do not meet the other requirements provided for in the Adoption Law. 8. The adoption procedure does not comply with the relevant provisions of the Adoption Law.

Legal basis: Article 1098 of the Civil Code of the People's Republic of China The adopter shall meet the following conditions at the same time:

1) Have no children or only one child;

2) have the capacity to raise, educate and protect the adoptee;

3) Do not have a medical condition that medically deems unsuitable for adoption;

4) There is no record of violations or crimes that are detrimental to the adoptee's healthy growth;

5) Be at least 30 years old.

1. Adoption by the parties to the adoption relationship who do not have the corresponding capacity for civil conduct has no legal effect.

2. The act of adoption with an untrue expression of intent does not have the legal effect of the court.

3. Adoption that violates the law or the public interest does not have the effect of law.

4. Adoption that violates the basic principles of adoption has no legal effect.

5. Adoption that violates the substantive requirements of adoption has no legal effect.

6. Adoption that violates the requirements of the adoption procedure has no legal effect.

1. Which acts of adoption do not have the force of law.

The act of adoption does not have the legal effect as follows:

1. The adopter does not have the corresponding capacity for civil conduct;

2. Adoption is not the true intention of the perpetrator;

3. Violating the good customs of the public and brothers, and violating the relevant laws and regulations on adoption.

Article 1113 of the Civil Code of the People's Republic of China provides for the invalidity of civil juristic acts or the invalidity of adoption in violation of the provisions of this Part of the First Title of this Law. An invalid adoption is not legally binding from the start. According to Article 143, civil juristic acts that meet the following conditions are valid:

The actor has the corresponding capacity for civil conduct; The meaning means that it is true; It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

2. What acts of adoption are invalid.

There are two main types of invalid adoptions:

First, the provisions of the General Provisions of the Civil Code on the invalidity of civil juristic acts specifically include:

1) Civil juristic acts carried out by persons without capacity for civil conduct. (2) Civil juristic acts carried out by the actor and the counterpart with false expressions of intent. (3)

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. (4)

Civil juristic acts that are contrary to public order and good customs. (5) Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others.

Second, the adoption in violation of the provisions of the Marriage and Family Section of the Civil Code is invalid.

Article 1044 of the Civil Code of the People's Republic of China provides that adoption shall follow the principle of the best interests of the adoptee, and protect the lawful rights and interests of the adoptee and the adopter. It is forbidden to buy or sell minors in the name of adoption.

Legal analysis: The adoption acts that have no legal effect are: 1. The adoption of the parties to the adoption relationship does not have the corresponding civil capacity, and the adoption behavior does not have legal effect.

2. The act of adoption with an untrue expression of intent has no legal effect. 3. Adoption that violates the law or the public interest has no legal effect. 4. Adoption that violates the basic principles of adoption has no legal effect.

5. Adoption that violates the substantive requirements of adoption has no legal effect. 6. Adoption that violates the requirements of the adoption procedure has no legal effect.

Legal basis: Article 1044 of the Civil Code of the People's Republic of China Adoption shall follow the principle of the best interests of the adoptee, and protect the lawful rights and interests of the adoptee and the adopter. It is forbidden to buy or sell minors in the name of adoption.

Legal analysis: According to the provisions of Article 25 of the Civil Code, the adoption act is invalid under one of the following circumstances:

1. Violation of the provisions of Article 55 of the Civil Code, namely:

1. The perpetrator does not have the corresponding capacity for civil conduct, such as a person with mental illness or dementia who is currently in the onset of the disease.

2. The expression of intent of the parties to the adoption is untrue, that is, the expression of intent of the parties to adopt or give up by others against their true will by means of fraud, coercion or taking advantage of the danger of others. If the biological parents deliberately concealed the physical defects of the adoptee at the time of adoption, etc.

3. Violating the law or the public interest, such as the parties deceiving or deceiving the adoption registration authority or notary public.

2. Violation of the conditions or procedures for adoption under the Civil Code.

It mainly includes: 1. The adopter has children and adopts non-orphans, abandoned children or non-disabled children;

2. The adopter is under the age of 30 and adopts the adopter;

3. When adopting a woman without a close relative, a man without a spouse adopts a woman, and the age gap between the two is less than 40 years;

4. The adoptee is over 14 years old;

5. The biological parents give their children up for adoption due to overbirth; or give up the only child for adoption and plan to receive the birth quota again;

The above illegal phenomena refer only to general adoptions. The validity of the adoption shall be judged in accordance with the special provisions of the Civil Code.

Legal basis: Article 1093 The following minors may be adopted:

1) Orphans who have lost their parents;

2) Minors whose biological parents cannot be found;

3) Children whose biological parents have special difficulties and are unable to raise them.

Article 1098: Adopters shall meet the following requirements at the same time:

1) Have no children or only one child;

2) have the capacity to raise, educate and protect the adoptee;

3) Do not have a medical condition that medically deems unsuitable for adoption;

4) There is no record of violations or crimes that are detrimental to the adoptee's healthy growth;

5) Be at least 30 years old.