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The blood relationship between biological parents and children cannot be severed, and the relationship cannot be severed by means of a declaration or agreement, and such a declaration or agreement violates the provisions of the law and public order and good customs, and is also invalid in law.
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The law does not allow the severance of the relationship between the biological parents and the child, but if the adoptive child and the adoptive parents have dissolved the adoption relationship through a legal process, the adoptive child is no longer required to support the adoptive parents because the relationship between them has been dissolved. A fictitious blood relative is a relative who is not originally related by blood, or who is not directly related by blood, but whose status is legally determined to be the same as that of a blood relative.
[Legal basis].Article 1115 of the Civil Code.
Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, they may dissolve the adoptive relationship by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.
Article 1116.
Where the parties agree to terminate the adoption relationship, they shall go to the civil affairs departments to register the termination of the adoption relationship.
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Need. Parents who are natural blood relatives cannot be severed by themselves, adult children who do not fulfill their obligation to support, parents who lack the ability to work or who have difficulties in living have the right to demand maintenance from their adult children. After the adoptive relationship formed by adoption is dissolved in accordance with law, adult adopted children who have been raised by adoptive parents shall pay living expenses to adoptive parents who lack the ability to work and lack livelihood.
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Alimony is also required for severing the paternity relationship. Paternity cannot be severed by general law. The relationship between biological father and son is a natural blood relationship, and the blood relationship cannot be artificially dissolved by law or other means.
At the same time, the law also stipulates that parents whose adult children have the ability but do not fulfill their maintenance obligations, who lack the ability to work or who have difficulties in living may demand alimony from their adult children.
Article 1067 of the Civil Code of the People's Republic of China: Where parents do not perform their obligation to support them, their early children or adult children who are unable to tolerate their brother's ability to 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.
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Parents can claim alimony from their children who have severed their relationship, but China's law does not currently support the act of severing the relationship between parents and children, so the act of severing the relationship is invalid. Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly provides that supporters shall fulfill their obligations 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, Wang Fu, 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. Article 15: Supporters shall ensure that the sick elderly receive timely care and care; For the elderly who have financial difficulties, medical expenses shall be provided. For the elderly who are unable to take care of themselves, the caregiver shall bear the responsibility of care; Where they cannot take care of them in person, they may entrust others or elderly care establishments to take care of them in accordance with the wishes of the elderly.
What are the costs included in alimony.
1) The basic maintenance of the elderly mainly includes the clothing, food and daily expenses that the elderly will inevitably incur;
2) When the elderly sue the court for a maintenance dispute, the people's court shall determine the medical expenses that have been incurred and the relatively certain medical expenses that must be incurred in the future for some chronic diseases, and shall be determined to be borne by the supporter as the content of the payment. However, the amount and timing of large medical expenses that may occur in the future are uncertain. Therefore, it is generally not possible to make a judgment in favor of a claim for a large amount of medical expenses that may be incurred by an elderly person in the future.
3) Nursing expenses for the elderly who are unable to take care of themselves If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic life, but when they are unable to do it themselves for some reason, the relevant expenses incurred by others or pension institutions on behalf of the elderly should be paid by the children.
4) Housing expenses for the elderly: The supporter has the obligation to properly resettle the housing of the elderly. If the elderly have no house to live in and the elderly do not have their own house, the reasonable rent should be included in the alimony.
5) Necessary spiritual consumption expenditures have become an indisputable legal principle for the spiritual support of the elderly, and although it is difficult to adjudicate and enforce the obligation of spiritual comfort, the most basic spiritual enjoyment of the elderly, such as cable television, radio, books and newspapers, and other expenses, can be determined as alimony payments, and shall be borne by the obligor.
6) In addition to social security, the necessary medical and other insurance expenses for the elderly should also be maintenance expenses. Insurance not only provides maximum protection for the elderly, but also shares the risk of hardship for children.
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Legal Analysis: The father and mother can ask for alimony from the severant child, because the law does not recognize the severance of the parent-child relationship, whether it is because the parents are divorced or other reasons, there is a legal parent-child relationship, and the relationship between the parents and the children will not change in the legal relationship.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. 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.
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Elderly parents can ask for alimony from their children who have been dissolved, because the law does not recognize the severance of parent-child relationship, whether it is due to the divorce of the parents or other reasons, there is a legal parent-child relationship, and the relationship between parents and children will not change in the legal relationship.
1. Ask for the question of "severing the relationship between father and son".
1. The natural blood relationship cannot be dissolved in law. For the biological father and son Guan Huaihong, the relationship can be severed emotionally based on the blood relationship, but this natural blood relationship cannot be dissolved in law.
2. Parent-child relationship that can be dissolved in law: If the relationship between the adoptive parents and the adult adoptive child deteriorates and they are unable to live together, the adoptive relationship may be terminated by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.
2. Is there a provision in law for the severance of the relationship between father and son?
No. The relationship between father and son cannot be severed, and can only be terminated by the death of one of the spouses. There is no law in our country that allows children to disown their parents.
According to the relevant legal provisions, the relationship between parents and children is not extinguished by the divorce of the parents, and after the divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother.
3. Who is the legal guardian after the divorce.
The legal guardian after the divorce is the parent of the child. The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1. Grandparents;
2. Brother and sister;
3. Other individuals or organizations willing to serve as guardians, but must obtain the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
The guardian does not change fundamentally because of the divorce, for example, the custody belongs to the mother when the divorce occurs, but the father is still the guardian of the child in the law, and the father also needs to bear the obligations and responsibilities of the guardian.
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