According to the provisions of the adoption law in China, the adoption of a child is an adoption relationship. Under certain conditions, the adoption relationship can be lifted, such as when the two parties have reached consensus and the adopter has not fulfilled the maintenance obligation .
Article 26 The adopter shall not terminate the adoption relationship until the adoptee has reached adulthood, except for the termination of the agreement between the adopter and the adopter. If the child is over ten years of age, the consent of the adopter shall be obtained.
If the adopter fails to fulfill the maintenance obligations and commits abuses, abandons, or other violations of the legal rights and interests of the minor adopted child, the adopter has the right to request the adoption relationship between the adoptive parent and the adopted child to be lifted. If the adopter or adopter fails to reach an agreement to terminate the adoption relationship, he or she can sue in the people s court.
Article 27 If the relationship between an adoptive parent and an adult adoptive child deteriorates and they cannot live together, an adoption relationship may be terminated. If an agreement cannot be reached, a lawsuit may be brought in a people s court.
The de facto adoption relationship established before the adoption of the adoption law refers to the adoption relationship established before April 1, 1992, recognized by relatives, friends, the masses, or the relevant organization certificate that expresses the relationship between adoptive parents and adopted children for a long-term common life. The adoption of special laws stipulates that, although the actual adoption relationship has not gone through legal procedures, it should be treated as an adoption relationship. Therefore, the parties can apply for a notarization of the factual adoption relationship that has been established before the adoption of the adoption law.
Where the parties can confirm that the two parties have indeed lived together for many years, are commensurate with their parents and children, have established de facto parent-child relationships, and the rights and obligations between the adoptee and their biological parents have been eliminated, they can apply for notarization for the parties. The adoption relationship is established when the parties have reached an adoption agreement or live together due to the facts of the adoption. The factual adoption notarization is accepted by the notary office where the adopter lives.
According to the provisions of China s adoption law, the adoption of a child is an adoption relationship. Under certain conditions, the adoption relationship can be lifted, such as when the two parties reach consensus and the adopter fails to fulfill the obligation to support .