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What are the conditions for termination of the adoption agreement

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What are the conditions for termination of the adoption agreement


        

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  • 2024-06-09 20:00:49

    The termination of the adoption agreement requires one of the following conditions: the adopter and the person placing out the child for adoption agree to terminate the adoptive relationship through consultation; The adopted child has reached the age of eight or more, and he/she agrees to terminate the adoptive relationship; The adopter fails to perform the obligation of upbringing, and has maltreated, abandoned and other acts that infringe upon the legitimate rights and interests of the minor adopted children; The relationship between adoptive parents and adult adopted children has deteriorated and they cannot live together.
    Legal basis:
    Article 1114 of the Civil Code of the People's Republic of China
    The adopter may not terminate the adoptive relationship before the adoptee reaches adulthood, except that the adopter and the person placing out the child for adoption agree to terminate the adoptive relationship. If a child is eight years old or older, his or her consent shall be obtained.
    If the adopter fails to perform his/her duty of upbringing and commits maltreatment, abandonment or other acts that infringe upon the legitimate rights and interests of the minor adopted child, the person placing out the child for adoption has the right to demand the termination of the adoptive relationship between the adoptive parents and the adopted child. If the person placing out the child for adoption and the adopter cannot reach an agreement to terminate the adoptive relationship, they may bring a lawsuit in a people's court.
    Article 1115 of the Civil Code of the People's Republic of China
    If the relationship between the adoptive parents and the adult adopted child deteriorates and they cannot live together, they may terminate the adoptive relationship by agreement. If no agreement can be reached, a lawsuit may be brought in a people's court.

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