What should the couple do if they want to divorce after raising an abandoned baby for a year?

Updated on society 2024-04-04
4 answers
  1. Anonymous users2024-02-07

    Adopted children have the same rights as biological children.

    When the couple divorces, they need to agree on the ownership of child custody and the amount of child support and the method of payment.

    If the premise of the agreement cannot be reached, the couple can go to court to sue for settlement.

    The Marriage Act provides:

    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.

    Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

    Article 26: The State protects lawful adoptive relationships. The rights and obligations between adoptive parents and adoptive children shall be governed by the relevant provisions of this Law on the relationship between parents and children.

    The rights and obligations between the adoptive child and the biological parents are extinguished by the establishment of the adoptive relationship.

    Article 36: The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

    After divorce, parents still have the right and obligation to raise and educate their children.

    After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

    Article 37 After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

  2. Anonymous users2024-02-06

    I feel like you should ask a lawyer!

  3. Anonymous users2024-02-05

    Legal analysis: For the de facto adoption of a person without hukou who has not completed the adoption registration, the parties concerned may apply to the civil rent and administration department for the registration of the adoption in accordance with the regulations, and apply for permanent residence registration with the "Adoption Registration Certificate" and the adopter's household registration booklet.

    Legal basis: According to Article 1093 of the Civil Code of the People's Republic of China, 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.

  4. Anonymous users2024-02-04

    Single divorced can adopt abandoned babies Hu Ranran. The following conditions need to be met: 1. Adoption conditions for single divorced persons:

    1.childless; 2.have the ability to raise and educate the adoptee; 3.

    Not suffering from a medical condition that makes it medically inappropriate to adopt a child; 4.Be at least 30 years old; 5.Where a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be at least 40 years old.

    II. Conditions for Adoption of Abandoned Infants1 Orphans who have lost their parents, minors whose biological parents cannot be found, and children whose biological parents have special difficulties and are unable to raise them.

    Legal basis. Article 1093 of the Civil Code of the People's Republic of China The following minors may be adopted: (1) orphans who have lost their parents; (2) Minors whose biological parents cannot be found; (Duan 3) Children whose biological parents have special difficulties and are unable to raise them.

    Article 1094: The following individuals and organizations may be adopters: (1) guardians of orphans; (2) Child welfare establishments; (3) Biological parents who have special difficulties and are unable to raise their children. Article 1098: Adopters shall meet the following requirements at the same time:

    1) Have no children or only one child who has missed pants; (2) Have the ability to raise, educate, and protect adoptees; (3) They do not suffer from a disease that is medically deemed 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.

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