The rules of the Civil Code on the dissolution of the adoption relationship basically follow the Adoption Law,and there is still a problem of insufficient supply in the face of the complex situation in reality.The provisions of the current law that the adoptee may terminate the adoptive relationship with the adopter by agreement when the adoptee has reached the majority age are legitimate.However,there are limitations to the rule that the adopter can't terminate the adoptive relationship in principle before the adoptee has reached the majority age.In cases where a fundamental breach by the party who places the child for adoption makes the adoption relationship virtually impossible to continue,the adopter shall be granted the right to dissolve the adoption relationship in accordance with Article 563,paragraph 1,of the Civil Code.In addition,the parties to the adoption relationship may also claim termination of the adoptive relationship for a compelling reason.However,They don't have the right of discretionary right to terminate,nor can refer to rebus sic stantibus.The legal consequences of the dissolution of the adoptive relationship involve both identity and property.For identity relationships,the identity relationship between the adult adoptee and the natural parents and other relatives shall be determined by negotiation,and the form of such negotiation shall not be limited to writing,provided that there are facts which can prove the restoration of the identity relationship.As far as the property relationship is concerned,the adult adoptee should bear the obligation to pay the living expenses,and if he maltreats or deserts his adoptive parents,he should also bear the additional obligation to compensate the maintenance fees.If the natural parents propose to terminate the adoptive relationship,they shall bear the obligation of appropriate compensation for the maintenance fee,except for the adoptive parents who have made major mistakes.When the adopter terminates the adoptive relationship due to a fundamental breach of contract by the natural parents,the adopter may claim compensation for mental damage.
adoption relationshipright of dissolutionlegal consequenceidentity relationshipproperty relationship
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