Suggestions on Legal Subjects of Adoption in the Draft of Civil Code
XU Tieying
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Published
2020-01-15
Issue Date
2020-03-09
Abstract
Adoption aims at searching for qualified adopters in the interest of adoptees. Therefore, it is common in various legal systems that law of adoption is always based on qualifications of adopters. The compilation of Chapter Five of Book Marriage & Family of Draft of Civil Code based on the P.R.C. Adoption Law resulted in lack of innovation and coordination. And there is a lack of coordination with the other systems of the series and the General Principles of the Civil Code. From the perspective of system coordination, this article intends to propose several amendments to the main body of the adoption law in the Civil Code: Marriage and Family (drafted). The legislator should take the adopters' minimum ages, maximum ages, marital status, the age differences between him and the adoptees into consideration, whether he and adoptees have a blood relationship or in-law relationship, etc., so as to achieve the goal of “the healthy growth of adoptees”.