China Justice Observer

中司观察

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How Do You Terminate An Adoption?

The adoption may be terminated under the following circumstances:

(1) the circumstances except where the adopter unilaterally terminates the adoption before the adoptee becomes adult;

(2) where the adopter and the person placing out the child for adoption may terminate the adoption through agreement. However, if the adopted child is over eight years old, the adoption may be terminated only with his/her consent;

(3) where the adopter fails to perform his/her duty to raise the adoptee and infringes upon the adopted child, such as maltreatment and abandonment on the adopted child, the person placing out the child for adoption may unilaterally request the termination of the adoption; and

(4) where the relationship between the adoptive parents and the adult adoptee deteriorates and they are unable to live together, the adoption may be terminated through agreement. If no agreement can be reached, the party requesting the termination of the adoption may bring a lawsuit to the court.

Where the parties agree to terminate the adoption, they shall register with the civil affairs department for the termination of the adoption. If the party concerned unilaterally requests to terminate the adoption, he/she may bring a suit to the court.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1104, 1105, 1116

Contributors: CJO Staff Contributors Team

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