Insights

Do Ningbo's foster children have to support their foster parents?

Ningbo Author：LuXu WANG

Adopted since childhood, do you have any obligation to support your adoptive parents? Do you want to be filial to your biological parents? The conclusion first says: after the establishment of legal adoption, the provisions of the law on the relationship between parents and children shall apply between the adopted children and the adoptive parents, and the adopted children shall have the obligation to support the adoptive parents, which is no different from the biological children; at the same time, the rights and obligations between the adopted children and the biological parents and other close relatives are eliminated due to the establishment of adoption, and generally no longer bear the legal obligation to support the biological parents. This article integrates the adoption rules of the Civil Code with an analysis of family court practice in Ningbo.

1. Legal effects of adoption: Re-establishment of the parent-child relationship

Article 111 of the Civil Code stipulates: "Since the date of establishment of the adoptive relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship between adoptive parents and adopted children; the provisions of this Law on the relationship between children and their parents' close relatives shall apply to the relationship between children and their parents' close relatives. The rights and obligations between an adopted child and the biological parents as well as other close relatives are terminated upon the establishment of the adoption relationship. "This article is the key to understanding the obligation of supporting children: adoption is not a simple" settlement ", but an overall reconstruction of the parent-child relationship in law-the adopted children enter the adoptive parents' family, obtain the same legal status as the biological children, and have the obligation to support the adoptive parents; At the same time, the legal bond with the biological parents is cut off, and the biological parents no longer have the right to be supported for the adopted children (blood relationship, but the legal rights and obligations are eliminated).

The establishment of the adoptive relationship is based on registration according to law: Article 105 of the Civil Code stipulates that the adoption shall be registered with the civil affairs department of the people's government at or above the county level, and the adoptive relationship shall be established from the date of registration. When adopting a minor whose biological parents cannot be located, the civil affairs department responsible for registration shall issue a public notice prior to registration. A de facto foster care relationship that has not been registered does not give rise to legal adoption effects, even if the parties have lived together for many years—this is the most common source of disputes in cases involving the maintenance obligations of adopted children.

2. The scope and standards of the maintenance obligations of adopted children

Article 1067 of the Civil Code stipulates that if parents fail to fulfill their obligation to support, minor children or adult children who cannot live independently have the right to require their parents to pay maintenance; if adult children fail to fulfill their obligation to support, parents who lack the ability to work or have difficulties in life have the right to require their adult children to pay maintenance. The provisions on the relationship between parents and children shall apply to adoptive parents and adoptive children (Article 111). Therefore, the maintenance obligations of adoptive children include: financial support (payment of alimony), daily care (care, companionship) and spiritual comfort; If the adoptive parents lack the ability to work or have difficulties in life, they have the right to require the dependent children to pay alimony.

The determination of the amount of alimony is generally determined by the court in combination with the actual needs of the dependents (medical treatment, nursing care and basic living), the per capita consumption expenditure level of local residents and the affordability of the dependents. In Ningbo, the court made reference to the level of consumption expenditure of local residents and the market price of old-age services, and considered comprehensively in combination with the actual expenditure of adoptive parents and the affordability of adoptive children. If multiple adoptive children are to be shared according to their respective abilities, they cannot refuse to pay on the grounds that "other brothers and sisters have not given them. It should be reminded that divorce, remarriage or changes in the relationship between adoptive parents and adoptive children do not affect the legal maintenance obligations of adoptive children-the maintenance obligations point to the legal status of "adoptive parent-child relationship" and are not eliminated by changes in the marital status of adoptive parents.

3. Case breakdown: registered adoption, de facto care, and termination of adoption

  1. Legally registered adoption: From the date of registration, the adopted child has a duty to support the adoptive parents, equivalent to that of a biological child; likewise, the adoptive parents have the same duty to raise and care for the adopted child.
  2. Unregistered factual support: living together for many years but not constituting legal adoption, adopted children have no legal support obligation to "adoptive parents" (the relationship of rights and obligations between them and their biological parents is not eliminated); however, the court may handle the support facts formed by long-term living together based on the principle of fairness and the general provisions of the Civil Code on support between family members, the party claiming the right must fully prove the fact of living together and maintenance.
  3. The adoptive relationship is dissolved according to law: Article 1117 of the Civil Code stipulates that after the dissolution of the adoptive relationship, the rights and obligations between the adopted child and the adoptive parents and other close relatives shall be eliminated, and the rights and obligations between the adopted child and the biological parents and other close relatives shall be restored on their own; however, whether the relationship between the adult adopted child and the biological parents is restored can be determined through negotiation. Article 118 also stipulates that after the dissolution of the adoption relationship, the adult adopted children raised by the adoptive parents shall pay living expenses to the adoptive parents who lack the ability to work and the source of livelihood-the dissolution of the adoption does not mean "a clean break", and the adult adopted children who were once dependent still have a certain degree of living expenses payment obligation; the adoption relationship is terminated because the adopted children maltreat or abandon the adoptive parents, the adoptive parents may also request that the adopted child be reimbursed for the maintenance expenses incurred during the adoption.

4. Analysis of Common Misconceptions

  1. Myth 1: Since an adopted child is not biologically related, they are not obligated to support their adoptive parents. Positive explanation: After the legal adoption is established, the provisions of the relationship between parents and children (Article 1111 of the Civil Code) apply to the adopted children and their adoptive parents. The obligation of maintenance is equivalent to biological, and it is illegal to refuse to support by "not biological.
  2. Myth 2: If you provide for your adoptive parents, you are no longer obligated to care for your biological parents—meaning you owe nothing to either side. Positive explanation: after the adoption is established, there is generally no compulsory obligation to support the biological parents, but the obligation to support the adoptive parents is certain; if the adoption is not registered according to law (not established), the obligation to support the biological parents still exists.
  3. Misconception 3: If you’ve raised a child since infancy and share the same household registration, it counts as adoption. Positive explanation: factual support is not equal to legal adoption, and adoption is established from the date of registration by the civil affairs department; if it is not registered, it is necessary to clarify the identity relationship through such paths as supplementary registration or confirmation.
  4. Misconception Four: Once the adoption relationship is terminated, you no longer have any obligations. Positive explanation: For adult adopted children raised by adoptive parents, after the termination of the adoption relationship, the adoptive parents who lack the ability to work and the source of livelihood should still be paid living expenses (Article 1118); if the adoptive parents are relieved due to maltreatment or abandonment of the adopted children, they can also request compensation for alimony.

5. Key points regarding evidence and procedures

The core evidence of the dispute over the maintenance of children is the evidence of identity relationship: the adoption registration certificate (or the adoption registration certificate issued by the civil affairs department), the adoption relationship record in the household register, the relationship certificate issued by the public security organ or the village (neighborhood) committee, and the evidence of long-term living together (photos, transfer records, medical escort materials, school files, etc.). Disputes involving whether the adoptive relationship is established should first be verified by registration files or filed for confirmation, and then the scope of the maintenance obligation should be determined-the identity relationship is unclear, and the maintenance obligation is impossible to talk about.

In terms of procedure, maintenance disputes are under the jurisdiction of the grass-roots court of the defendant's domicile; each grass-roots court in Ningbo has a family trial team, and maintenance cases generally enter pre-litigation mediation first, and village (community) people's mediation committees and street (town) people's mediation organizations can also mediate first. According to the Ningbo court's public judgment cases (Li mou and Zhu mou divorce dispute, Chen mou and Luo mou divorce dispute), the court's attitude towards the implementation of the legal support obligations between parents and children has always been clear-raising and support are both ends of the legal support obligations, and the support disputes for children are handled in the same way. If the adoptive parents claim maintenance, they may also claim actual expenses such as medical costs and request the court to obtain information on the adopted child’s income as a basis for determining the amount.

6. The boundaries between adoption, de facto fostering, and stepchild adoption

In the disputes over the maintenance of foster children, the dislocation of identity relationship is the common crux, and three kinds of relationships must be clearly identified: the first is registered adoption, which is established by the civil affairs department, and the foster children and foster parents are subject to the parent-child relationship (Article 1111 of the Civil Code), and the maintenance obligation is equivalent to biological; the second is de facto support, which does not produce legal adoption effect, the two parties do not have the legal rights and obligations of adoptive parents and children, but the fact of long-term support may give rise to a certain duty of care based on the principle of fairness under certain circumstances (such as the dependants who lack the source of income for their old age after adulthood), and the judgment caliber varies from case to case; the third is the relationship between stepparents and children-the first paragraph of Article 1072 of the Civil Code stipulates that the relationship between stepparents and stepchildren, the provisions of this Law on the relationship between parents and children shall be applied, and Article 18 of the (II) shall be interpreted to further determine the fact of "dependent education" on the basis of the time of common life, comprehensive life care, family education responsibilities, maintenance payment and other factors. Stepchildren also have the obligation to support their stepparents who have fulfilled their duty of raising and educating them. After the divorce of the biological father or mother from the stepfather or stepmother, the survival of the relationship between the stepparents and the stepchildren shall be dealt with in accordance with the rules such as Article

19of the (II) of Interpretation.

The proof points of the three are different: registration and adoption look at the civil registration file; factual upbringing look at the evidence of common life and upbringing input (household registration, schooling, medical treatment, alimony exchange); secondary upbringing look at the fact of common life time and upbringing education. The party who claims the right to support should first clarify what kind of identity relationship he belongs to-taking "de facto support" as an "adoption" claim, or taking "follow-up" as an "adoption" claim, may lose the lawsuit due to qualitative errors. When the nature of the familial relationship is unclear, it is prudent to first clarify or confirm the identity through examination of registration records or by filing a declaratory action, and only then address the issue of maintenance obligations.

The specific content of the duty to provide support is not limited to the monthly payment of maintenance allowances; providing daily care, medical accompaniment, and emotional comfort are also integral components of this duty. If the adoptive parents have a pension and the financial situation is not difficult, the adopted children cannot claim exemption from the maintenance obligation on this basis-the amount of financial support can be reduced, but the obligation of care and spiritual comfort is not of course exempted. Families with many children can also specify their share ratio through a written maintenance agreement (the agreement agreed by the adoptive parents is binding on all parties), and clearly stipulate "how much money to give, who will accompany them and how to share serious illness. When handling support disputes, the Ningbo courts also take “the actual needs of the adoptive parents plus the financial capacity of the adopted children” as the key considerations, with negotiation followed by litigation being the most cost-effective approach.

There are also two procedural guarantees worthy of the adoptive parents to know: one is that if the adoptive parents are in urgent difficulties due to old age or illness and are in urgent need of medical expenses or living expenses, they can apply for enforcement in advance according to law, and the court will rule that the other party will pay part of the alimony in advance; the other is that the alimony determined by the court can be fulfilled monthly if the obligation of support is not changed due to the adoptive parents' emigration, A one-time payment may also be agreed upon when conditions permit, subject to the agreement or judgment of both parties.

7. Frequently Asked Questions

Are adopted children required to support their adoptive parents?

Must. After the legal adoption is established, the provisions of the law on the relationship between parents and children (Article 1111 of the Civil Code) shall apply between the adopted child and the adoptive parents, and the obligation of maintenance is equivalent to the biological.

Are adopted children still required to support their biological parents?

Generally not necessary. After the adoption relationship is established, the rights and obligations between the adopted child and the biological parents and other close relatives are eliminated, and there is no compulsory maintenance obligation for the biological parents; however, if the adoption is not registered in accordance with the law, the maintenance obligation of the biological parents is not eliminated.

We didn’t obtain an adoption certificate, but I’ve raised the child since infancy—does that count as adoption?

Factual upbringing is not equal to legal adoption, and adoption is established from the date of registration of the civil affairs department; for unregistered living together, adopted children have no legal obligation to support "adoptive parents", and they need to clarify the identity relationship through supplementary registration or confirmation.

After the adoption is terminated, are adopted children still required to support their adoptive parents?

The rights and obligations will be eliminated after the termination of the adoption relationship; however, for adult adopted children raised by adoptive parents, the adoptive parents who lack the ability to work and the source of livelihood should still be paid living expenses (Article 1118 of the Civil Code). If the adoption relationship is terminated due to abuse and abandonment of the adopted children, the adoptive parents can also request for compensation and maintenance.

The adoptive parents only completed the adoption notarization but did not register the adoption with the civil affairs department. Is the adoption valid?

Does not hold. Article 1105 of the Civil Code specifies that adoption shall be registered with the civil affairs department of the people's government at or above the county level, and the adoption relationship shall be established from the date of registration; notarization cannot replace registration. If it is not registered, it is necessary to apply to the civil affairs department for post-registration or to confirm the adoption relationship through litigation before discussing the maintenance obligation. If there are obstacles to post-registration (if the conditions for adoption have been exceeded), the identification of the identity relationship will be more complicated, and it is recommended to consult and fix the evidence as soon as possible.

8. Lawyer's Practical Insights

To determine whether an adopted child is obligated to support their adoptive parents, the first step is to verify whether the adoption has been legally established. Adoption is based on registration, and rights and obligations only occur from the date of registration. If there is no registration, only living together for a long time and matching parents and children, it may not constitute an adoption relationship in law, but may only be a factual upbringing. Therefore, the parties involved should not rush to draw conclusions; instead, they should locate and verify the adoption registration documents to determine whether the adoption has been registered, as this will significantly alter the subsequent line of analysis. Once the relationship of kinship is clarified, it becomes easier to determine who bears the obligation to provide support.

Once the adoptive relationship is established in accordance with the law, the provisions of the law on the relationship between parents and children will be applied between the adoptive children and the adoptive parents, and the maintenance obligation is no different from that of the biological children; at the same time, the legal bond with the biological parents will be eliminated, and the legal maintenance obligation for the biological parents will not be undertaken in general. It is important to note that the blood relationship remains intact; only the legal rights and obligations have changed. Emotional and moral ties are a separate matter—do not conflate the two. If the adoption relationship is subsequently terminated in accordance with the law, the rights and obligations shall likewise be altered, and the consequences of such termination must be assessed separately.

Disputes in practice often lie in the boundary of identity: the boundary between registered adoption, factual upbringing and succession often needs evidence to clarify. For those who have been registered, the adoption registration materials are the most direct proof. For those who advocate factual support or support, they should prepare records of long-term common living, capital-funded care, medical escort, etc. If the elderly advocate support, they should first make clear whether the opposite party has a legal parent-child relationship with themselves, and then talk about the specific standards and amounts. It is more efficient to find out these basic facts first than to fight over whether to raise them or not.

The key to child support is "whether the adoption registration is established". If the adoption is legally registered, the foster child's obligation to support the adoptive parents is equivalent to the biological, and at the same time no longer assumes the legal obligation to support the biological parents. Adoptive parents should properly keep the adoption registration certificate, residence booklet and evidence of long-term common life. If the adopted child refuses to support on the grounds that he is "not his own", the adoptive parents may first apply for people's mediation, and if mediation fails, they may sue the court for alimony.