Raising children is the legal obligation of parents. Both husband and wife have equal rights to raise, educate and protect minor children, and jointly undertake the obligations of raising, educating and protecting minor children.
Legal basis:
Article 1058 of the Civil Code of People's Republic of China (PRC)
Husband and wife equally enjoy the right to raise, educate and protect minor children, and jointly undertake the obligation to raise, educate and protect minor children.
Article 1067
If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently have the right to ask their parents to pay maintenance.
Parents who fail to perform their maintenance obligations, lack the ability to work or have difficulties in living have the right to claim alimony from their adult children.
The Marriage Law does not clearly stipulate the circumstances under which stepparents and stepchildren can form a dependency relationship. There is no unified view in theory. In practice, there are the following views:
(1) If the stepchild is underage, one of the biological parents lives with the stepfather or stepmother, and the stepfather or stepmother bears part or all of the living and education expenses for him, or the adult stepchild actually provides support and help to the stepparents for a long time, it is also regarded as a dependency relationship.
(2) stepchildren live with their stepparents, who take care of and support their stepchildren in life; Or although they do not live with their step-parents, their step-parents bear part or all of the living expenses and education expenses; Or adult stepchildren actually support and assist stepparents for a long time.
(3) Stepparents bear all or part of the living expenses and education expenses of stepchildren; Stepparents and minor stepchildren live together and take care of stepchildren in education and life. Even if it does not bear the maintenance expenses, it should be considered as a maintenance relationship.
(4) The main criterion for judging whether there is a relationship between step-parents and step-children is whether the step-parents bear all or part of the living expenses and education expenses of the step-children. If you don't bear any expenses, even if you take care of your stepchildren in education and life, you can't think that there is a relationship between them, but just an in-laws relationship.
2. According to Article 10 of the Inheritance Law of People's Republic of China (PRC), dependent stepchildren and stepparents have the right of inheritance to each other. According to this article, if there is a dependency relationship between stepchildren and stepparents, stepchildren and legitimate children shall enjoy the same rights and obligations.
Legally, this dependence is mainly manifested in the following aspects:
1. Stepparents have fulfilled their obligation to raise minor stepchildren;
(1) Stepchildren are financially supported by stepparents;
(2) Stepchildren are raised and educated by stepparents.
2. Stepparents have fulfilled their obligation to support adult stepchildren with limited or incapacitated behavior.
3. Stepchildren have fulfilled the obligation to support stepparents;
(1) Stepchildren support stepparents financially;
(2) Stepchildren help stepparents in life.
Supplementary materials:
The criteria for determining the foster care relationship between stepparents and stepchildren are:
First, minor stepchildren live with their biological fathers, stepmother or biological mothers and stepfathers, that is, there is a fact of raising them. If the stepchild is an adult, even if he lives with his biological father, stepmother or biological mother and stepfather, it cannot be considered that the stepparents and stepchildren have formed a dependency relationship (specifically described below).
Second, the fact that stepparents support minor stepchildren will last for some time.
Inheritance conditions of stepchildren. The key condition for a stepchild to inherit the inheritance of a stepparent is whether a foster relationship has been formed. Only when a stepchild is raised or supported by a stepparent and is legally confirmed to form a dependency relationship, the stepchild has the right to inherit. According to the relevant laws and regulations, the specific conditions for determining the inheritance relationship between stepchildren and stepparents are as follows:
1. Stepchildren are financially supported by stepparents;
2. Stepchildren are raised and educated by stepparents;
3. Stepchildren support their stepparents financially;
Step children help step parents in life.