How Cancel an Adoption in China

Many people know that the adopted children and adopters shall meet the specific requirements of the law, such as age, health condition, financial conditions which related to child-rearing. Here, I just want to remind you of the formality issue. Many adoptions were affirmed as invalid because the adoptions were not registered properly in the civil affairs department.

As of the date of establishment of the adoption, the legal provisions governing the relationship between parents and children shall apply to the rights and duties in the relationship between adoptive parents and adopted children; the legal provisions governing the relationship between children and close relatives of their parents shall apply to the rights and duties in the relationship between adopted children and close relatives of the adoptive parents. The rights and duties in the relationship between an adopted child and his or her parents and other close relatives shall terminate with the establishment of the adoptive relationship.

The adoption could be terminated by settlement or lawsuit. Generally, no adoption could be terminated before the adopted child comes of age. And under the circumstances that the adoption is terminated by settlement, it shall be registered in the civil affairs department.

Actually, I believe people care more about the rights and duties of the adopted children and adopters than the termination itself. In China, influenced by the traditional cultures, many people choose to adopt a child in order to support themselves in their old ages, therefore, it is much more important for Chinese people. There are circumstances the adopters could get financial support from the adult adopted children or their parents:

1.  After the termination of adoption, an adult adopted child who has been reared by the adopters shall provide an amount of money to support the adopters who has no economic resource.

2.  If the adoption is terminated on account of the maltreatment or desertion of the adopters by the grown-up adopted child, the adopters may demand compensations from the adopted child for the living and education expenses paid during the period of adoption.

3.  If the adoption is requested by the parents of the adopted child,  the adopters may demand an appropriate compensation from the parents for the living and education expenses paid during the period of adoption, except if the termination is on account of the maltreatment or desertion of the adopted child by the adopters.

And for the adoption is affirmed invalid at the very first, the adopter is also entitled to demand the compensation from the adopted child for the living and education expenses paid during the period of adoption.

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