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Of course it matters, blood is thicker than water, and you are the flesh and blood of your biological parents, which can never be changed!!
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Of course it is!
Passing on and giving away are very different!
I don't want you anymore.
The adoptive is to hope that you are better!
Parents are still parents! And of course, don't forget about your adoptive parents!
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Matter. But it depends on the attitude of your biological parents towards you.
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There is no way to change this relationship, there must be.
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Adoptive is now called adoption, and adoption is conditional. However, Article 7 of the Adoption Law states: "The adoption of a child of a blood relative of the same generation within three generations may be exempted from the restrictions of Article 4, Paragraph 3, Article 5, Paragraph 3, and Article 9 of this Law and the adoptee's age of less than 14.
That is, the age limit. Otherwise, only minors under the age of 14 can be adopted.
However, Article 23 of the Adoption Law stipulates that from the date of establishment of the adoption relationship, the rights and obligations between the adoptive parents and the adoptive children shall be governed by the provisions of the law on the relationship between parents and children; The relationship of rights and obligations between the adoptive child and the close relatives of the adoptive parents shall be governed by the provisions of the law on the close kinship relationship between the child and the 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.
Therefore, as far as rights and obligations are concerned, the relationship with the biological parents after the adoption no longer exists.
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Legal analysis: If there are statutory circumstances, parents can also adopt. The law clearly stipulates that 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. Therefore, if the parents are really unable to raise the child, they can pass the child out, which is allowed, and after the parents have adopted the child, they should go to the civil affairs department to go through the adoption registration formalities.
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;
3) Children whose biological parents have special difficulties and are unable to raise them. Article 1105: Adoptions shall be registered with the people's ** civil affairs department at the county level or above. The adoptive relationship is established from the date of registration.
Where biological parents cannot be found in the adoption of minors, the civil affairs department handling the registration shall make a public announcement before registration.
Where the parties to the adoption relationship are willing to sign an adoption agreement, they may sign an adoption agreement.
Where all or one of the parties to the adoption relationship requests a notarization of adoption, the notarization of adoption shall be completed.
The people's ** civil affairs departments at the county level or above shall conduct an adoption assessment in accordance with law.
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Legal analysis: belong to the immediate family, that is, the upper and lower generations of relatives who have a blood relationship with each other, such as parents and children, maternal grandfathers and grandchildren, etc. It is generally divided into lineal blood relatives and lineal in-laws.
Direct blood relatives: refers to relatives who have direct blood ties with each other, including two parts of blood relatives from their own bodies and from their own bodies. The blood relatives from which one's own body is derived are the blood relatives of each generation who gave birth to one's own body, such as parents, grandparents, maternal grandparents, etc.; Blood relatives born from one's own body are descendants born of one's own body, such as children, grandchildren, grandchildren, etc.
It is worth noting that, in addition to natural direct blood relatives, lineal blood relatives also include lineal blood relatives who are legally fictionalized, such as adoptive parents and adoptive children, adoptive grandparents and adoptive grandchildren, and stepparents and stepchildren who have a dependency relationship.
Legal basis: Article 1111 of the Civil Code of the People's Republic of China: From the date on which the adoptive relationship is established, 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 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 child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.
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Legal Analysis: There is no adoptive in society now, only adoption. Adoption must meet the conditions of the Adoption Law, and be registered with the people's government department at or above the county level, and go through the adoption registration procedures. The adoptive relationship is established from the date of registration.
1. Conditions that the adoptee should have:
Minors under the age of 14;
orphans who have lost both parents;
abandoned babies and children whose parents cannot be found;
Children whose biological parents have special difficulties and are unable to support them;
Children of collateral blood relatives of the same generation within three generations (may not be subject to the restriction of being under 14 years old);
Stepchildren (may be exempt from the restriction of being under 14 years of age).
2. Conditions that the adopter should have:
Only one child can be adopted without children (this restriction may be exempted from the adoption of orphans, disabled children, or abandoned infants and children raised by social welfare institutions whose biological parents cannot be found, as well as stepchildren);
have the ability to raise and educate the adoptee;
Not suffering from a medical condition that makes it medically inappropriate to adopt a child;
Be at least 30 years old (if a man without a spouse adopts a woman, the age difference between the adopter and the adoptee should be at least 40 years).
3. Conditions that the adopter should have:
the adoptee's guardian;
social welfare institutions;
Biological parents who have special difficulties and are unable to raise their children.
Legal basis: Article 7 of the Regulations of the People's Republic of China on Household Registration Article 7 Within one month after the birth of a child, the head of the household, relatives, dependents or neighbors shall report the birth registration to the household registration authority of the child's habitual residence. For abandoned infants, the adopter or the child-rearing organ shall report to the household registration authority for the registration of the birth of the child.
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Legal basis: Article 111 of the Civil Code of the People's Republic of China Article 111 From the date of the establishment of the adoptive 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.
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No, the rights and obligations between the adoptive child and the biological parents are extinguished by the establishment of the adoptive relationship, and the State protects the legal adoptive relationship.
1. Whether the adoptive child has the right to inherit the property of the biological parents.
A child who has passed on to his or her adoptive parents can inherit the estate.
An adoptive relationship is established between adoptive parents and children, and the adoptive relationship is the same as that of biological parents and children in general.
China's law stipulates that from the date of the establishment of the adoption relationship, the rights and obligations between the adoptive parents and the adoptive children are known, and the provisions of this law on the relationship between parents and children shall apply; 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.
2. Does the adopted child still have the obligation to support the abandoned person?
There is no obligation to support. From the date of establishment of the adoption relationship, the relationship of rights and obligations between the adoptive parents and the adoptive children shall be governed by the provisions of the law on the relationship between parents and children; 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. Therefore, an abandoned child has no obligation to support his or her biological parents after he or she has been adopted.
3. If you want to cut off the relationship with your parents, you can move out of your hukou.
No. It is impossible to find any legal basis and way for Ren Huili to break off the father-daughter relationship. If the paternity is consanguinous (biological father-son), there is no law that provides for the procedure for dissolving paternity.
It is only under certain circumstances that the relationship of rights and obligations between biological parents and children can be eliminated. For example, in the case of a legal adoptive relationship between a minor child and another person, the biological mother-child relationship is extinguished from the time the adoption relationship is established. In addition to this, the relationship between the biological parents and the child cannot be eliminated.
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 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.
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Legal basis: Civil Code of the People's Republic of China Article 1111 From the date on which the adoptive relationship is established, the rights and obligations between adoptive parents and 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 the child and the parents apply to the relationship of rights and obligations between the adoptive child and the close relatives of the adoptive parents.
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Legal analysis: There is no legal relationship with the biological parents after adoption, and the rights and obligations between the adopted child and the biological father and mother are eliminated by the establishment of the adoption system, and the state protects the adoption relationship of the Heyuan Eggplant Law.
Legal basis: Article 1111 of the Civil Code of the People's Republic of China: From the date on which the adoptive relationship is established, 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 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.
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