Judge difficult to judge first: 99 questions about handling marital and family disputes

Author: Yang Hongbo Compiler/Nationality:
Publisher:
Publishing Time: 2003-06-01
Features: If you visit a hospital and face excessive charges, if your employer arbitrarily deducts your salary, if your marriage suffers a sudden crack, or if you want to file a lawsuit but don’t know how to write a complaint or gather evidence, then welcome you to the People’s Legal Supermarket! Here, legal services are comprehensive, and the law is presented in an easy-to-understand manner.
Excerpt: Risk Deposit for Paternity Testing Paternity testing involves personal and family core and private matters, so it is a very serious matter. The law never forces paternity testing; it must be agreed upon by both parties. However, due to privacy concerns, it is generally difficult for the party requesting the test to obtain the other’s consent. The Risk Deposit for Paternity Testing is a reasonable way to address this issue. Since the deposit amount is voluntarily agreed upon by both parties, obtaining consent becomes relatively easier (as the matter is crucial, the deposit amount is usually high). Of course, the test can only be conducted after the money is handed over to the other party.
35. What is adoption? What are the conditions and procedures for adoption? In real life, some children lose their parents or are abandoned by them, losing the warmth of a family. Meanwhile, some adults wish to have children but are unable to do so due to various reasons. Through adoption, children who have lost their families can once again find warmth, and those who long to have children can finally do so. The establishment of an adoption relationship is strictly regulated and must comply with legal conditions and procedures.
Adoption Conditions (1) Conditions of the parties involved. An adoption relationship involves three parties: the adopter, the adopted child, and the person surrendering the child for adoption. The adopter must meet the following conditions: having no children, having the ability to raise children, not suffering from any medical condition deemed unsuitable for adoption, and being at least 30 years old. Additionally, if the adopter is an unmarried male adopting a female, the age difference between them must be 40 years or more. The adopted child must be an unmarried minor under the age of 14, and may be either an orphan, an abandoned infant or child whose biological parents cannot be found, or a child with special difficulties whose parents are unable to raise them. The person surrendering the child is typically the guardian or caretaker of the orphan (usually a social welfare institution) or the biological parents who are facing special difficulties and unable to raise the child.
(2) Limit on the number of adopted children. An adopter can only adopt one child. However, if the adopted child is a disabled orphan or an abandoned infant or child raised by a social welfare institution and whose biological parents cannot be found, the adopter may adopt more than one, with no upper limit.
(3) Both the adopter and the person surrendering the child must consent voluntarily. If the adopted child is 10 years old or older, their consent must also be obtained. If the adopter is married, both spouses must agree to the adoption. If the parents of the minor are mentally ill or suffering from severe cognitive impairments and lack full legal capacity, the guardian cannot surrender the child for adoption unless the parents pose a serious risk of harm to the minor.
Parties who meet the above conditions can establish an adoption relationship after fulfilling the registration process. Registration is a mandatory procedure for establishing an adoption relationship. After the parties reach an agreement, they must jointly register with the civil affairs department at or above the county level. The adoption relationship becomes legally binding upon registration, thereby providing legal protection.
The adoption process for foreigners in China is more complex: First, it must be approved by the competent authority in their home country; second, the adopter must provide proof of their age, marital status, occupation, financial status, health condition, and criminal record history, all issued by authorized institutions in their home country.