[Abstract] their real parents were neighbouring villages who, when doing business in debt, nearly two months after the child is born outside creditors, wife sick unable to care for the children, so cruel to put their children to the school door. Now, they’re fighting for many years, has debt to pay off, his wife’s disease, so I want to bring the child back.
A 47 year old, who lives in liancheng, Fujian province, is a small village, because his father died early, and poor at home, has not been able to get married and have children.
“Here is a baby girl, who is so cruel?” One day in August 2008, the village primary school is on summer vacation, old school door, saw the villagers talk-while-onlookers, “children will have what disease”?
Old squeeze looked at the infant girl, searched and up for viewing, and found no evidence that material girl identity. In order to avoid danger, Zhang took the child back home. After returning home, elderly mother like baby girl, advised older adoptions. Lao Zhang’s two brothers also tried to persuade him to take care girl, old thinking for a long time, determined the child up, named Xiao fang.
, The old dedicated support, Fang took her as his own daughter. Fang after 3 years, Zhang took her to a private kindergarten. Old usually are in the village, rarely go out, there has been no registration to relevant departments to handle the adoption. Reminded once neighbors, Lao Zhang to civil affairs departments understand the adoption process to go through, are told when there is evidence of abandonment of public security organs, Lao Zhang couldn’t handle giving up.
In 2015, Fang has 7 years of age, with old very pro.
“Children are our own, we want to bring back support. “Suddenly one day, claiming to be a small aromatic natural parents Lin and Yang came to a sudden, willing to give the old compensation.
It turned out that the child’s biological parents are the village people, when doing business in debt, nearly two months after the child is born out of creditors. His wife sick unable to care for the child after the birth, combined with economic difficulties, unable to care for, and so cruel to put their children to the school door. For years, they make about the situation of the children, focusing on children’s growth. Now, they’re fighting for many years, has debt to pay off, his wife’s disease, so I want to bring the child back.
“The child cannot give you, not abandoned this child is your own. “Zhang thought he raised for many years, and the children already have feelings, although not for account registration, but the name of father and daughter. And he does not think the child is Lin and Yang and his wife, determined not to agree to the return of children.
Various bilateral consultations ended, Lin old couples to court, demanding lifting of the adoptive relationship between Zhang and Xiao Fang, bring the child back to support.
Case in the trial process, the old no recognition for their real parents, the court entrusts identification determined Lin and Yang was Fang’s biological parents. Result, Lao Zhang, while recognizing the facts, but I still think xiaofang abandoned by biological parents, his 7 years, children also granted should be his. 3 the trial judge mediation, but out of sadness for children emotions, still has not agreed to return the child.
Recently, liancheng, Fujian province, the people’s Court judgement on the case: old because they do not meet conditions of adoption or adoption registration, you must raise the years return of Lin, Yang couple raising, while Lin, Yang paid a couple old raised 65,000 yuan compensation.
Adoptions are not legitimate without legal protection
In case such an interpretation
Old father to daughter Xiao Fang Zhang is moving, but the last stand at Saber River. Stated in its judgement, the Court and sixth according to the adoption Act states: “adoption shall meet the following conditions: (a) no children; (b) to bring up and educate the adoptee’s ability, and (iii) do not have medically should not adopt children disease; (d) over the age of 30. “At the same time, Nineth of the Act further stipulates:” men adopt women without spouse, difference in age of the adopter and the adoptee should be 40 years old and above. “In this case, Lao Zhang as an adopter, although sixth article 4 conditions are met, but as men without a spouse, and the age difference between the adopted girl 38, less than 40 years old, does not meet the conditions of adoption law article Nineth.
In addition, under the current adoption provisions, if pick up children, you first need to be picked up evidence of children abandoned in public security organs, have proved to the Home Department for adoptions, and finally the application and entry procedures of public security organs, only the household registration, adoption is completed. Lao Zhang not to civil affairs departments above the county level to go through registration procedures, nor to go through relevant procedures of public security organs, so that old adopted baby girl’s behaviour was legal and not subject to legal protection, the adoption invalid from the beginning. Accordingly, picked up her Fang Fang birth parents request the requested court shall be supported.