First, the legal characteristics of adoption
The establishment and termination of adoptive relationship is different from natural consanguinity. As a unique legal relationship, adoption has the following legal characteristics:
(1) Adoption is a civil legal act. Adoption is not only related to the interests of the parties, but also to the overall interests of society. Therefore, the laws of various countries regulate and adjust the adoption behavior and adoption relationship. The establishment and entry into force of adoption requires the parties to meet the conditions prescribed by law, and at the same time, they must perform legal procedures.
(2) Adoption is an act of changing the status of relatives and the relationship between rights and obligations. After the adoption relationship is established, the identity relationship and rights and obligations between parents and children arise between the adopter and the adoptee, and the identity relationship and rights and obligations between the adoptee and his biological parents disappear. However, the blood relationship between the adoptee and his biological parents and their relatives still exists, and the law prohibiting consanguineous marriage is still binding on them.
(3) Adoption can only occur between non-lineal blood relatives and unrelated people. The purpose of adoption is to establish the relationship of rights and obligations between parents and children. Therefore, adoption can only occur between the elders and descendants of collateral blood relatives, or between people who are not related by blood.
(4) The adoptive relationship is a fictitious blood relationship. Through adoption, adoptive parents and adopted children have the same rights and obligations as biological parents and children, so they are also called "quasi-consanguinity", that is, the consanguinity invented by law. Virtual consanguinity is different from natural consanguinity, which can be produced or dissolved according to law.
2. What is the impact of adoption according to Chinese laws?
Legal effect of adoption:
Article 111 of the Civil Code stipulates that the rights and obligations between adoptive parents and adopted children shall be governed by the provisions of this law on the relationship between parents and children from the date of the establishment of the adoption relationship; The provisions of this law on the relationship between children and their parents' close relatives shall apply to the relationship between adopted children and their parents.
The relationship of rights and obligations between adopted children and biological parents and other close relatives is destroyed by the establishment of adoption relationship.
Article 1 12 stipulates that an adopted child may adopt the surname of the adoptive father or mother, and the original surname may be retained through consultation between both parties.
Article 1 13 stipulates that an adoption that is invalid according to the provisions of the first part of this law or violates the provisions of this part is invalid.
Invalid adoption is not legally binding from the beginning.
3. What is legal adoption?
Adoption, also known as treating other people's children as their own children, was also called the son of a moth in ancient China, because the ancients mistakenly thought that grubs regarded the larvae of a moth as their own children, but actually regarded them as their own food. Legally, adoption is regarded as an identity contract relationship of children born in wedlock. Because the adoption society will pretend that there is a parent-child relationship between people who are not really related, the adopter and the adoptee are also called legal blood relatives or imaginary blood relatives. The adopter is called the adoptive father or mother, and the adoptee is called the adopted son or daughter; The biological parents of the adoptee are called biological parents, and for the biological parents, the adoptee is called adopted children. After the child was adopted, the parental rights of the biological parents were temporarily suspended.
The above is to introduce you in detail about the legal characteristics of adoption. In daily life, we should know some common legal knowledge, so that we can use legal knowledge to safeguard our rights when we need help.