Legal Consequences of Step Parent Step Child Relationship Dissolution 5

1. Article 27 of China's Marriage Law stipulates that the rights and obligations between stepparents and stepchildren shall apply to the relationship between parents and children (maintenance and maintenance obligations);

2. The Judicial Interpretation stipulates that if the relationship between the stepparent and the stepchild is dissolved, the fictitious blood relationship between the two parties shall be dissolved, and 3. In summary, if the relationship between the stepparent and the stepchild is terminated, the two parties no longer have the right and obligation to raise and support.

1.If the step-parent has the premise of maintaining the stepchild on a long-term basis, the stepchild has the obligation to support the stepchild.

2.If there is no long-term dependency, there is none.

3.According to Article 10 of the Inheritance Law of the People's Republic of China, a stepchild who has a dependency relationship with his stepparents has the right to inherit the estate of his stepparents, because a stepchild with a dependency relationship has formed a legal fictitious blood relationship with his stepparents, and the stepchild can inherit the inheritance of the decedent like a legitimate child.

4.The inheritance of a step-parent by a step-child does not prevent him from inheriting the estate of his or her biological parents.

According to Article 21 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China, a stepchild who has formed a relationship of support with his stepparents has the right to inherit both his stepparents and his biological parents.

A stepchild who has a dependent relationship with his stepparents has the right to inherit the estate of his stepparents, because a legal fictitious blood relationship has formed between a dependent stepchild and his stepparent, and the stepchild can inherit the decedent's estate in the same way as a legitimate child.

The relationship between the stepparent and the stepchild may be dissolved by the Huai family. According to the relevant laws and regulations, when the biological father and stepmother divorce or the biological mother divorces the stepfather, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated by him, the biological father or mother shall still raise him. That is, the dissolution of the fictitious parent-child relationship.

[Legal basis].

Article 1072 of the Civil Code of the People's Republic of China.

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 54 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

When the biological father and stepmother divorce or the biological mother divorces the stepfather, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated, the biological father or stepmother shall still raise the stepchild.

Legal analysis: First, there is only a relationship between in-laws between stepparents and children who have not formed a long-term relationship of living together and raising and educating them, and the relationship between stepparents and children will be naturally dissolved when the marriage relationship between the biological father and the stepmother or the biological mother and the stepfather is terminated. Second, if the stepparents do not agree to continue to raise the minor stepchild after the divorce of the biological father and stepmother or the biological mother and stepfather, the stepparent-child relationship is dissolved and the child is raised by the biological parents.

Thirdly, after the death or divorce of the biological mother or biological father who lives with the stepfather or stepmother. If the other parent takes the minor child back, the stepchild's relationship with the stepfather or stepmother is dissolved. Fourth, if the relationship between stepparents and children who have lived together or raised and educated for a long time deteriorates, and both parties or one of the stepparents submit to the people's court to dissolve the relationship between stepparents and children, the termination may be permitted.

However, after the relationship is dissolved, the adult stepchildren shall still bear the obligation of support and support for the stepparents who are old and infirm and have difficulty in making ends meet.

Legal basis: According to Article 1084 of the Civil Code, the relationship between parents and children shall not be extinguished by the divorce of parents.

When the minor is a minor, if the biological parents negotiate a change in the ownership of the child's custody due to the biological parents' negotiation, and the minor stepchild is taken back for raising by the biological mother or biological father of the other party, the hypothetical blood relationship between the stepchild and the stepparents will be naturally dissolved; In the event of a divorce, if the stepfather or stepmother does not continue to raise them, they should still be raised by the biological parents, and the relationship of rights and obligations between the stepchildren and the stepparents will be naturally dissolved. When they reach the age of majority, the step-parent-child relationship is generally not dissolved.

1. How to determine the formation of a dependency relationship.

Determination of the formation of a dependency relationship:

First, the premise for the formation of a parent-education relationship is that the stepchild is a minor.

Second, there is generally a need to have the fact of living together.

Parenting and education generally need to be formed in the common life of stepparents and stepchildren, just like biological parents, stepparents have a certain degree of care for their children's life, learning, body, spirit and other aspects, which is the true meaning of upbringing.

Thirdly, the fact of custody lasts long enough.

In the case where the upbringing and education of stepparents and stepchildren is naturally terminated due to the adulthood of the child, the period of upbringing and education may be considered shorter; If the stepchild is not yet a minor, but the marriage between the stepparent and the biological parent is dissolved, and the stepparent is unwilling to continue to support the stepchild, the stepparent should consider raising and educating the stepchild for a longer time.

2. Is the second marriage of the man obliged to raise the woman's children?

The man in a second marriage is obliged to raise the woman's children. The other spouse of the remarried couple should raise the children together. In fact, after remarrying with a child, the other party naturally becomes the child's stepfather or stepmother, and the child becomes the other party's stepchild, so the other party naturally needs to raise the child together.

It can be seen that the relationship between stepparents and stepchildren is the same as that between biological parents and children, and stepparents have the obligation to raise and educate their stepchildren.

3. What are the conditions for the dissolution of the presumptive blood relationship.

The conditions for the dissolution of the inhibition of consanguinity are as follows:

1. The marriage change of parents is a prerequisite for the formation of a stepparent-child relationship, but not a condition for dissolution;

2. Fulfilling the obligation of maintenance or maintenance is a necessary condition for the formation of mimic rubber blood relatives;

3. Raising or supporting for a certain period of time is another necessary condition for the formation of a simulated blood sail number of relatives;

4. The wishes of the parties should become an important reference for whether a fictitious blood relationship is formed.

When the biological father and stepmother divorce or the biological mother and stepfather, if the stepfather and stepmother do not agree to continue to raise the stepchild who has been raised and educated, the biological parents shall still raise the stepchild.

Article 13 of the Several Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by 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."