Will the court forcibly decide to dissolve the adoption relationship
2018-03-29 16:03:30
Through the adoption method we can know, the termination of the adoptive relationship can terminate the agreement, when the negotiation fails can also be through the court proceedings to resolve, the court will identify the facts of the case, a reasonable solution to termination of an adoptive relationship, then, if we go to court to resolve through litigation, the court will be forced to terminate the adoptive decision the relationship between? Look at the next small series for your analysis.
A court, on how the provisions of the termination of adoptive relationship?
1, if a party claims to cancel the adoption and the other party disagrees, the two sides agree to cancel the adoption. However, when the property and life difficulties are controversial, the mediation is generally made by the relevant departments, or it can be handled by the people's court through the litigation procedure. When the people's court hears the adoption cases, the party should first mediate and help the parties to reach an agreement; when the mediation is invalid, it will be decided in accordance with the law.
2, the people's court shall adhere to the termination of the adoptive disputes, protect the legitimate rights and interests of children and the elderly, to protect the lawful adoptive relationship and to protect the adopter and adoptee interests, according to the different situation realistically solve:
(1) if the adoptive parents and their parents repent for the lifting of the adoption relationship, the people's court shall find out the situation and listen to the advice of the adopter, and deal with it according to the principle that is conducive to the healthy growth of their children.
(2) if the parents do not have the obligation to raise their parents, they will affect the healthy growth of their children, and the parents should be relieved of the adoption of the adoptive relationship.
(3) the deterioration of relations between adoptive parents and their adult children and continuing their life together are both bad for both sides. One side insists that the lifting of the adoption relationship is generally permitted.
When the adoption is granted, the property and life problems arising therefrom should be properly dealt with. When the adoptive relationship is released, the adoptive parents who are dependent on their old age and lose their working ability and have no source of life are raised by their adoptive parents and have raised their living expenses independently. If the parents ask for the dissolution of the adoption relationship, the parents may ask for compensation for the living expenses and educational expenses of their children during the adoption. If a adoptive parent is required to remove the adoption relationship, no compensation shall be required.
Two. When will the adoption relationship be removed?
1, the "adoption law" provisions of article twenty-sixth: adoption before the adoptee comes, shall not terminate the adoptive relationship, but adoption, the adopter agreement unless the lift, the children aged ten years or more, consent shall be obtained. Adoptive parents fail to perform their duty, abuse, abandonment against underage children legitimate rights and interests, the adopter shall have the right to request the termination of adoptive relationship among children. The consignor, the adopter cannot reach agreement of adoptive relationship, to the people's court.
2, adoption termination need to meet two conditions:
One is with the consignor (such as welfare) reached an agreement to terminate the adoptive relationship;
The two is to be agreed by the adopter himself. Another way is to wait until the adopter is an adult to prosecute the adoption relationship to the court. If one is not satisfied with one of the above two conditions, it can not be relieved.
Three, effect of termination provisions of
1. After the dissolution of the adoption relationship, the rights and obligations between the children and the parents and other close relatives are eliminated.
2. The children raised by their parents should pay the living expenses for the parents who lack the ability to work and lack the source of life.
3, because the adoptive relationship is abused due to the abuse or abandonment of adoptive parents after the adoption of adult children, the adoptive parents can ask the foster children to compensate the cost of living and education during the period of adoption.
4. For a adoptive parent, it is generally not compensated for the cost of living and education for the adoption of the adoptive relationship.
Will the court forcibly decide to dissolve the adoption relationship? This situation should be divided, the court must not force ruling the termination of adoptive relationship, not the termination of the adoptive relationship of the case, the court is not the decision to terminate the adoptive relationship, I hope you seriously consider whether to terminate the adoptive relationship, after all, is the adoptive relationship quasi blood relationship system, a relationship, a long time will have feelings, also hope that through the reasonable way to solve.