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Can anyone want to adopt? Adoption will bring significant changes to the identity relationship. The civil law has a series of regulations on adoption, so not everyone can adopt.
The civil law has a series of regulations on adoption, so not just anyone can adopt. (Taken from the post) A recent news report pointed out that a master named Zeng in Nantou had rented an indigenous reservation in a mountainous area to build a Buddhist temple for more than 40 years. As he was getting older, he hoped that someone would die for him in the future. He also hoped that the temple and land could be continued to be rented by a familiar neighbor, so he proposed the idea of adopting his neighbor's 14-year-old son. Since the qualifications for leasing Aboriginal reserve land involve status and kinship, if a neighbor's son becomes an adopted son, the two parties will have a legal kinship relationship and will have a greater chance of continuing to lease the land in the future.
After Zeng's wife applied to the court for adoption, the court did not approve it. The court held that the core of the adoption system is to establish a substantive parent-child relationship, rather than simply to obtain land lease qualifications or solve the problem of death in old age. Judging from the actual relationship between the two parties, although Mrs. Zeng usually takes care of the neighbor's children and has a good relationship with each other, the overall situation is more like a mutual aid arrangement between relatives and friends, which is not enough to determine that the two parties have a true and stable mother-child relationship. Therefore, the court ultimately held that the purpose of adoption was inconsistent with the original purpose of the system and rejected the adoption claim.
What are the requirements for adoption?
If you want to adopt a person, it is not necessary for both parties to agree. The law has certain restrictions on the age and relationship between the adopter and the adoptee. According to Article 1073 of the Civil Code, in principle, the adopter must be at least twenty years older than the adoptee. In other words, not everyone can become an adoptive parent in an adoption relationship at will. However, if a couple adopts jointly, an adoption relationship can also be established as long as one of the spouses is more than twenty years older than the adoptee and the other spouse is more than sixteen years older than the adoptee.
In addition to the age limit, Civil Code Article 1073-1 further stipulates that adoption relationships cannot be established arbitrarily between specific relatives. For example, if direct blood relatives, direct marriage relatives, and collateral blood relatives are within the sixth degree of kinship, and collateral blood relatives are within the fifth kinship degree, if they are not of equal seniority, an adoption relationship cannot be established. This is because although the adoption system will create a legal parent-child relationship, it cannot cause confusion in the original family lineage.
For example, in principle, a grandfather cannot adopt his own grandson, otherwise the grandson may legally form an unreasonable kinship relationship such as brother and sister with his original parents at the same time, causing confusion in terms of identity and kinship.
However, there are special exceptions to the law. If one spouse adopts the other spouse's children, the above-mentioned generational restrictions are not applied. For example, A has a child B in a previous marriage, and later A marries C. C can legally adopt A's child B, forming a step-adoption relationship. Therefore, adoption does not mean that "anyone can adopt anyone who wants to adopt." In addition to meeting the age requirements, it is also necessary to confirm whether the kinship relationship and seniority of both parties comply with the provisions of civil law before an adoption relationship can be legally established.
Once the adoption relationship is legally established, the rights and obligations between the adopted child and the original parents will in principle cease, and the adopted child will have a legal relationship with the adoptive parents as if they were a child born out of wedlock. In addition to the status of parent-child relationship, the adopted child also enjoys inheritance rights in accordance with the law. Therefore, adoption is not simply a means to obtain specific legal benefits, but is centered on establishing a substantive parent-child relationship.
However, in this news, Shitai Zeng adopted her neighbor's son, mainly hoping to obtain relative status through adoption, so that the other party can rent the Aboriginal reservation land in the future, and at the same time solve her own problems in her old age. However, the actual life and relationship between the two parties have not been substantially changed by the adoption. Instead, the adoption is more like a temporary arrangement to solve the problems of land lease and care.
In the end, the court held that such an adoption was not consistent with the parent-child relationship pursued by the system and rejected the adoption claim.
This article is reprinted with permission from "Fa Cao" [Si Xiang's Comments] The court rejected the adoption of a child by a master's wife. Under what circumstances cannot the child be adopted?
