What are the legal provisions on the obligation to support parents?

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. Maintenance refers to the act of financially providing for the expenses of the parents.

According to Article 1067 of the Civil Code implemented in 2021, if parents fail to fulfill their maintenance obligations, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

What are the legal provisions in the Civil Code for children to support their parents?

Article 1067 of the Civil Code of the People's Republic of China stipulates that parents who fail to perform their maintenance obligations and who lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.

The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

Article 11 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Therefore, the complete obligation of maintenance includes material support, spiritual comfort, life care, etc.

First, housing for the elderly should be properly arranged, and the elderly should not be forced to move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the owner's own home.

Second, the supporter shall not require the elderly to undertake work beyond their means.

Third, the supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights or other reasons. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. The freedom of marriage of the elderly is protected by law.

Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The dependant shall not be eliminated by the change of the marriage of the elderly.

Fourth, children should not only support their parents, but also respect their parents, care for them, and provide support in all aspects of family life. When they are old, infirm, sick and disabled, they should be properly cared for, so that they can find emotional comfort and live happily in their old age.

1. What is the legal provision for the obligation to support parents?

1. The legal provisions on the obligation to support parents are as follows:

1) Adult children have the obligation to support, support and protect their parents;

2) Parents who do not fulfill their maintenance obligations, lack the ability to work or have difficulties in living have the right to demand alimony from their adult children;

3) The supporter shall fulfill the obligation of financial support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly;

4) The supporter shall ensure that the sick elderly receive timely care and medical expenses, and shall provide medical expenses for the elderly who are in financial difficulty.

2. Legal basis:

Article 26 of the Civil Code of the People's Republic of China.

Parents have a duty to upbring, educate and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them.

Article 31.

Where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile is to appoint a guardian, and where the relevant parties are not satisfied with the designation, they may apply to the people's court for the appointment of a guardian; Relevant parties may also directly apply to the people's court for the appointment of a guardian.

Residents' committees, villagers' committees, civil affairs departments, or people's courts shall respect the true wishes of the ward, and follow the principle of the best interests of the ward to appoint a guardian among those who have guardianship qualifications in accordance with law.

Where the ward's personal rights, property rights, and other lawful rights and interests are unprotected before a guardian is appointed on the basis of the provisions of the first paragraph of this article, the residents' committee, villagers' committee, relevant organization as provided for by law, or civil affairs department for the ward's domicile is to serve as the temporary guardian.

After the guardian is appointed, it must not be changed without authorization; Where changes are made without authorization, the responsibility of the appointed guardian is not exempted.

2. Under what conditions can parents claim the obligation of support?

Parents may request their children to fulfill their maintenance obligations if they meet the following conditions:

1. The child can afford it;

2. The child is an adult and has the ability to live independently;

3. Parents who lack the ability to work or have difficulties in life.

Legal analysisThe Civil Code provides for the maintenance of parents, which means that children provide necessary living conditions for their parents materially and spiritually, and children, as supporters, shall fulfill their obligations to the elderly financially, take care of them and provide spiritual comfort, and take care of the special needs of the elderly. Both sons and daughters have an obligation to support their parents.

The supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law. The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.

Legal basisCivil Code of the People's Republic of China

Article 26: 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 1072: Stepparents and stepchildren must not be abused or discriminated against. 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.

Legal analysisAs supporters, children shall fulfill their obligations to the elderly financially, take care of them and provide them with spiritual comfort, and take care of the special needs of the elderly. Both sons and daughters have an obligation to support their parents.

Children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children.

Legal basisThe above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.