Adoption means that a natural person adopts another person's children as his own children, creates an identity legal act according to law, and produces a fictitious consanguineous parent-child relationship. The adoption relationship created according to the legal act of adoption status is a fictitious parent-child relationship of blood relatives and an identity legal relationship based on the legal effect of adoption behavior. The parent-child relationship of fictional blood relatives has the same rights and obligations as natural blood relatives.
The basic principles of the adoption legal system are as follows:
1, the principle that is most beneficial to the adoptee: One of the purposes of establishing the adoption system is to effectively implement and implement the principle of protecting the legitimate rights and interests of minors and protect their healthy growth. Protecting the healthy growth of minors is the primary purpose of implementing the adoption system;
2. The principle of protecting the legitimate rights and interests of the adoptee and adopter: The main point of this principle is that after the adoption relationship is established, attention should be paid to effectively protecting the rights and interests of all parties in the adoption relationship. The Marriage and Family Part of the Civil Code stipulates that both the adopter and the adoptee must be protected at the same time, so that their legitimate rights and interests can be equally realized.
3. The principle of prohibiting the sale of minors in the name of adoption: The marriage and family section of the Civil Code stipulates that it is forbidden to buy or sell minors in the name of adoption, which means that once the adoption relationship is established, it is protected by law and cannot be bought or sold in the name of adoption.
Article 1098 of the General Principles of Civil Law of People's Republic of China (PRC) * * * The adopter shall meet the following conditions:
(a) no children or only one child;
(2) Having the ability to support, educate and protect the adoptee;
(3) Not suffering from diseases that are medically considered unsuitable for adopting children;
(4) All criminal records that are not conducive to the healthy growth of the adoptee;
(five) at least thirty years of age.
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