解除收养关系有哪些后果What are the consequences of terminating an adoption relationship
1、人身关系方面的变更:
(1)养子女与养父母及其近亲属间的拟制血亲关系消除,因收养而产生的权利义务终止;
(2)未成年的养子女与生父母及其近亲属间的权利义务自行恢复;
(3)成年养子女与生父母及其近亲属间的权利义务是否恢复,须由双方协商决定。
2、财产关系方面的变更:
(1)收养关系解除时,养父母与养子女因共同生活所形成的共同财产应依法进行分割。
(2)收养关系依生父母要求解除的,养父母可以要求生父母适当补偿收养期间支付的生活费和教育费,但因养父母虐待、遗弃养子女而解除收养关系的,养父母不得要求补偿。
(3)收养关系解除后,缺乏劳动能力又无生活来源的养父母,对由其抚养长大的成年养子女,有要求给付生活费的权利。
(4)因养子女成年后虐待、遗弃养父母而解除收养关系的,养父母可以要求养子女补偿收养期间支出的生活费和教育费。
1. Changes in personal relationships:
(1) The proposed blood relationship between adopted children and their parents and their close relatives is eliminated, and the rights and obligations arising from adoption are terminated;
(2) The rights and obligations between underage adopted children, biological parents, and their close relatives shall be restored on their own;
(3) Whether the rights and obligations between adult adopted children and their biological parents and their close relatives are restored shall be decided through consultation between both parties.
2. Changes in property relations:
(1) When the adoption relationship is terminated, the common property formed by the adoptive parents and their adopted children living together should be divided according to law.
(2) If the adoptive relationship is terminated at the request of the biological parents, the adoptive parents may demand appropriate compensation from the biological parents for the living and education expenses paid during the adoption period. However, if the adoptive relationship is terminated due to the abuse or abandonment of the adopted child by the adoptive parents, the adoptive parents shall not demand compensation.
(3) After the termination of the adoptive relationship, adoptive parents who lack the ability to work and have no source of livelihood have the right to demand payment of living expenses for adult adopted children raised by them.
(4) If the adoptive relationship is terminated due to the abuse or abandonment of the adoptive parents by the adopted child after reaching adulthood, the adoptive parents may demand compensation from the adopted child for the living and education expenses incurred during the adoption period.