Can an adopted son claim alimony and claim compensation for moral losses after ten years of discover

The world is so big that anything can happen in today's world. Because the father raised his son for ten years and finally found out that he was not his own flesh and blood, he felt very sad and remorseful while it was difficult to accept the truth. So can a child who has been raised for ten years claim back child support and claim moral compensation?

Our laws impose certain maintenance obligations on our biological children. However, if you raise someone else's child and find out that you are not your own child, you will be able to raise the non-biological child as unknowingly, as well as redistribute the property and compensate for a certain amount of mental damage.

Moral compensation refers to an invisible damage, and the violation of the legitimate rights of citizens is the mental pain of citizens such as fear, sadness, and despair, resulting in mental damage to citizens. Moral damages fall under the civil legal system. It can achieve a certain amount of comfort for the victim.

China's civil law also stipulates that those who harm personal rights and personal dignity shall be liable for compensation for moral damages if it is confirmed that the consequences have been caused to the personal rights and interests of others. By confirming the liability for moral damages, the role of punishing the tortfeasor can be achieved, and the society can be guided to form a modern sense of the rule of law that respects the personal rights and dignity of others and a good social morals, so as to promote social civilization and progress.

When encountering problems, we should not blindly produce bad emotions, improve our legal awareness, seek legal help in a timely manner when encountering problems, use the law to protect ourselves, and safeguard our legitimate rights and interests. For example, the topic we are studying today, Yangzi has been raised for ten years, and in the end he is no longer his own flesh and blood, if we use violent means to vent the depression in our hearts, then in the end what we get is the punishment that the law will punish us. However, if we can use the legal means skillfully, we can not only claim alimony for many years, but also get our moral compensation.

You can ask the other party to compensate you for child support and mental damages, because you don't know about this matter, and the reason why you raise your child is because you have always treated him as your own child, and this kind of deception should be compensated.

In such a situation, it is possible to claim alimony, and it is also possible to claim compensation for certain moral damages.

In this case, it is necessary to redistribute the property, as well as to compensate for a certain amount of moral damage.

Legal analysis staring hall: can be sent only. If the child is born to a wife or husband and a third person, the other spouse has been deceived into raising a child who is not his own.

The act is an invalid civil act, and the other party has no obligation to support in law, but has actually been deceived, so he can ask for the return of child support after learning the truth.

Legal basis: Civil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and if you are not dusty, you will be in violation of public order and good customs.

Article 1067:Where parents do not 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 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.

In this case, the divorced man raised his son alone for 17 years and later discovered that the child was not his own. In this case, the father may feel extreme disappointment and pain, especially if he is suffering from kidney failure and needs support and care.

From a legal point of view, the court ordered the ex-wife to compensate the Kaisun man for maintenance and moral damages, which means that the law finds that the ex-wife is liable for a part of the financial and moral losses in this case. The court's verdict was mainly based on the fact that the ex-wife did not confess to the man the true origin of the child, and that the man put in hard work and effort to raise the child.

However, some people believe that adult children should also be responsible for their actions, after all, he was raised by his adoptive father. His choice to lose contact may have caused hurt and disappointment to his father, so he should also bear some responsibility.

In this case, the sharing of responsibilities is a complex issue involving legal, moral and family relationships. Different people's views and positions may differ, but it is important to respect the court's decision and seek a fair and reasonable solution within the legal framework.

In addition, it is necessary to seek appropriate psychological support and communication for the relationship between the father and the son. Regardless of the verdict, reconciliation and understanding between family members are important for their personal growth and the building of future relationships.

The son who has been raised for three years is not biological, and he can claim compensation from the other party. The details are as follows:

1. If you find that your child is not biological, you can sue the other party. Claim compensation for moral damages and all other expenses;

2. According to the judicial interpretation of the Supreme People's Court, if the man's paternity test is not his biological child, he can request the woman to compensate for the alimony previously paid and a certain amount of spiritual solace, but the court must make a judgment through a civil lawsuit.

Where one of the husband and wife files a lawsuit with the people's court requesting confirmation of the non-existence of the parent-child relationship, and provides necessary evidence to prove it, but the other party refuses to do a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of the non-existence of the parent-child relationship is established. Where one party files a lawsuit requesting confirmation of paternity and provides necessary evidence to prove it, and the other party refuses to conduct a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of paternity is established.

Legal basisArticle 1084 of the Civil Code of the People's Republic of China.

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 the divorce, the parents still have the right to raise, educate, and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

According to Article 1091 of the Civil Code, if any of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abuse of family members or abandonment of family members.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China Celebration and Stocking Banquet Article 1091 In any of the following circumstances, if the reputation of the silver leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

1. Whether or not you can claim alimony from a non-biological child who has been raised for many years depends on the specific circumstances. If the unborn child is deceived by the woman into becoming a legitimate child, it is a fraudulent custody relationship, which constitutes a tort, and she can request a refund of the child support for the illegitimate child. If a de facto custody relationship has been formed with the knowledge of the caregiver, and the child in such a situation is raised as if he or she is his own, he or she usually cannot request a refund of the child support fee afterwards.

2. Legal basis:

Article 18 of the Civil Code of the People's Republic of China provides that adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

Article 26 of the Civil Code of the People's Republic of China stipulates that parents have the obligation to raise, educate and protect their minor children.

Article 1058 of the Civil Code of the People's Republic of China provides that husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

Article 1067 of the Civil Code of the People's Republic of China stipulates that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently, Shengfan has the right to demand that their parents pay child support.

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

1. What are the types of alimony payment methods?

1. One-time payment.

Although some people believe that this method of payment should be used with caution, at present, due to the significant increase in people's economic income, the work transfer is very frequent, and the efficiency of the court's enforcement is also taken into account; When a court decides that divorce involves child support, this is often the case. And this method is accepted by most parties.

2. Regular payment and discount in kind.

Regular payments are generally made monthly, quarterly or annually, and in kind are often applied to the unaccounted party.

The lump sum payment or the discount in kind is generally based on the age of 18, that is, the specific amount is the amount of monthly or annual maintenance multiplied by the amount of child support until the age of 18, and the total amount is calculated as a lump sum payment. After child support takes legal effect, due to the noisy nature of life, when the parents' economic situation, ability to support and the actual living standard of society change, they may file a request to increase, reduce or waive child support; Grounds for a child to request an increase in child support include:

1) The original amount of alimony is insufficient to maintain the actual living standard of the local area;

2) Due to the child's illness, schooling, etc., the actual need has exceeded the original amount.