Stepparents and stepchildren refer to the kinship formed by the death of one parent, remarriage of one parent, or divorce of one parent and remarriage of one or both parents. Stepparents address their children by their mothers' husbands or fathers' stepmother. Stepchildren are children born to a wife and her ex-husband or a husband and his ex-wife. There should be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and his stepchildren who are brought up and educated by him.
Stepparents refer to the married spouses of their children to their biological mothers or fathers, and are called stepfathers or stepmother. The relationship between stepparents and stepchildren is formed by the death of one parent, the remarriage of the other child, or the remarriage of the parents after divorce. Under normal circumstances, the relationship between stepparents and children belongs to the category of in-laws. If a stepparent and a stepchild form an adoption relationship, or if a stepparent adopts a stepchild as an adopted child, it is a lineal blood relationship.
Stepparents and stepchildren who have not formed a relationship of upbringing and education have no legal rights and obligations. Therefore, when the marriage relationship between biological father and stepmother, biological mother and stepfather is dissolved, the in-laws relationship between stepchildren and stepparents is naturally dissolved. However, if the stepchild has formed a relationship of upbringing and education with the stepparents, it should be handled according to the specific situation. If the biological father and stepmother, biological mother and stepchild are underage, and the stepparents do not agree to continue raising them, they should still be raised by the biological parents according to the relevant judicial interpretation, and the rights and obligations between the stepparents and stepchildren should be dissolved. At the time of divorce, if the stepchildren who have been raised and educated by the stepparents have grown up and can live independently, they should still bear the obligation to support the elderly and weak stepparents who have difficulties in living. The rights and obligations between them are not released by the divorce of their biological father and stepmother or their biological mother and stepfather.
legal ground
People's Republic of China (PRC) Civil Code
Article 1072 Stepparents and stepchildren shall not be abused or discriminated against.
The provisions of this law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren.