Whether the stepmother is divorced from the biological father and whether the stepson has the right

The step-child relationship can be dissolved after divorce.

In the case of a stepchild who has not formed a relationship of custody with his stepfather or stepmother, when his biological mother divorces his stepfather or stepfather or his biological father and stepmother, in principle, the in-law relationship is dissolved due to divorce, and whether the in-law relationship between the child and the stepfather or stepmother is dissolved in the event of the death of the biological father or stepmother, and the wishes and habits of the parties concerned are respected.

The Marriage Law (Amendment) does not stipulate whether the legally fictional parent-child relationship between a stepchild who has formed a relationship of custody with a stepfather or stepmother can be dissolved when the biological mother divorces the stepfather or stepfather or the biological father and stepmother.

Article 13 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts stipulates that: "When a biological father divorces a stepmother or a biological mother divorces a stepfather, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated by him, the stepfather or stepmother shall still be raised by the biological parents. "It can be seen that for stepparents and children who have formed a relationship of support, when the biological father and stepmother or the biological mother and stepfather divorce, if the stepchild is still a minor or cannot live independently, as long as the stepmother or stepfather does not agree to continue to raise the stepchild, the biological parents shall take it back and fulfill the obligation to support it, and the legally fictitious parent-child relationship formed between the stepparents and the child will be dissolved.

According to Article 27 of the Marriage Law, there shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children. and Article 21 Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

In the event that the parents fail to fulfill the obligation to support the child, the child who is a minor or unable to live independently has the right to demand maintenance from the parent, and if the stepchild and the stepmother live together and form a relationship of support, the stepmother has the right to pay child support.

After the biological mother divorces the stepfather, the child no longer lives with the stepfather, and the pseudo-blood relationship with the stepfather is dissolved, and the biological mother has no right to demand that the stepfather bear child support.

1. Legal procedures for dissolving paternity.

The legal process for dissolving an adoptive father or step-paternity is as follows: it can be terminated by the dissolution of the adoption or the divorce of the step-parent and the biological mother (father) and the change in the mutual custody relationship. The paternity of natural blood relatives cannot be dissolved in law, and only the formation of paternity based on the legal act of adoption or remarriage and the de facto maintenance relationship can be dissolved by statutory circumstances.

2. Confirm whether there is no blood relationship in custody.

Confirmation that there may be no blood relationship between the right of custody, and that the relationship between stepparents and stepchildren is different from the general parent-child relationship, and that there is a relationship of in-law and education and support, but there is no blood relationship, and such rights and obligations can be dissolved, and it can be inferred that when the biological father and stepmother or the biological mother and stepfather divorce, and both the biological father (mother) and the stepmother (father) request to raise the child, the custody rights belong to the biological parents. When the biological father and stepmother divorce or the biological mother and stepfather, if the stepparents are unwilling to continue to raise the stepchild who has been raised by the stepfather and returned to the sedan chair, it is deemed that the custody relationship has been dissolved, and the child is still raised by the biological parents.

3. Who is the guardian of a child born out of wedlock?

1. An illegitimate child is usually actually raised by the biological mother, and the biological father of the illegitimate child shall bear some or all of the child's necessary living and education expenses until the child is able to live independently. (2) If the biological mother of an illegitimate child marries another person, the maintenance and education expenses of the biological father may be reduced or waived as appropriate if the stepfather is willing to pay part or all of the child's living expenses and education expenses. If Sui Shibei's stepfather is unwilling to bear it, the childcare fee payable by the biological father cannot be reduced.

3. When the biological parents of an illegitimate child give the child up for adoption, a legally fictitious parent-child relationship is formed between the child and the adopter, and the illegitimate child is raised by the adoptive parents, and the relationship of rights and obligations between the child and the biological parents is dissolved, and the biological parents no longer bear the obligation to support them. 4. When the biological father of a child born out of wedlock requests that the child live with him, that is, he requests the actual maintenance of the child, he may negotiate with the child's biological mother. If the negotiation fails, the court may be requested to deal with it.

According to Article 13 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts", when the biological father and stepmother or the biological mother and stepfather divorce, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated by him, he or she still guesses that the biological parents should raise the stepchild.

1. Do stepparents have to pay child support to their stepchildren?

When the biological father and stepmother divorce or the biological mother and stepfather, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated, the stepfather or stepmother shall still be raised by the biological parents, and the stepparents may also not pay the stepchild child support; If you agree to support, of course, the law will also recognize it.

Article 1071 of China's Civil Code stipulates that children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. If the stepfather (mother) and the stepchild form a de facto custody relationship, even if the husband and wife divorce, it does not affect the stepfather's (mother's) performance of the stepchild's obligation to support the stepchild.

Similarly, for stepparents who have a de facto dependency relationship and have lost the ability to work and have no financial support, the stepchildren should also fulfill the obligation of support.

2. Do adoptive parents have to pay child support?

The Civil Code further clarifies the relationship of rights and obligations between adoptive parents and adoptive children. Judging from the current relevant laws, there are three specific situations regarding whether adoptive parents should pay child support to their adoptive children:

1. If one of the husband or wife adopts a child and the other party does not object to it, and a de facto adoption relationship is formed with the child, after the divorce, both parties shall bear the child's maintenance expenses;

2. If the other party always opposes the adoption of a child adopted by one of the husband or wife, after the divorce, the opposing party may raise the child without paying child support.

3. A child adopted by both husband and wife shall, before the dissolution of the adoption relationship, bear the maintenance of the adopted child in accordance with the provisions of the law on parents and children.

Article 1111 of the Civil Code [Effect of Adoption]From the date of the 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 their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents.

The relationship of rights and obligations between the adopted children and their biological parents and other close relatives is eliminated by the establishment of the adoption of the Guanxian Bridge system.

A stepmother is not obligated to support her stepson after divorcing her biological father. The relationship of rights and obligations between biological parents and children is a legal relationship based on blood relationship, which determines that the biological parents have the first parental authority relationship over their children, while the stepparents and stepchildren are a de facto custody relationship based on the relationship of in-law. If the stepparents are unwilling to continue to support the stepchildren at the time of divorce, they cannot be reluctant, and in line with the principle of blood relations first, the biological parents should still bear the obligation to support them.

1. Is it against the law that the Civil Code does not support the stepmother?

It is possible to waive the obligation of maintenance. There is no blood relationship between the stepchild and the stepparent, and there is generally no legal relationship of rights and obligations, and the two parties are only in-law relations formed by the remarriage of the stepchild's biological father or mother. However, when the stepparents have fulfilled their obligation to support the stepchild, and the two parties have formed a relationship of support and dependency, legally speaking, the relationship between the two parties shall be regarded as that of a parent-child relationship, and the provisions on the relationship between parents and children shall apply to their rights and obligations.

2. Do the spouses and children have the obligation to support them?

The children of the step-wife are step-children, and they have the obligation to support the step-wife, but generally have no obligation to support the stepfather or stepmother, but if the stepchild is raised by the step-parents and has formed a relationship with the step-parents, then they have the obligation to support the step-parents at this time.

This is because the law stipulates that the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him is the same as that between a biological parent.

3. How to apply for severance of parent-child relationship by adult children.

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.

Article 1072 of the Civil Code.

There shall be no abuse or discrimination between stepparents and stepchildren.

The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

Article 1085.

After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne 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.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.