Adopted Child at 23 Years Old: Are Parents Permitted to Terminate the Adoption?

Translation:Can parents terminate the adoption of a 23-year-old child? Can the adopted child request the termination of the adoption?Greetings,I would like to ask, previously I adopted a child, and this year he is 23 years old. My spouse and I are now quite elderly and are no longer able to provide support. Can my spouse and I terminate the adoption of this child? I seek your advice. Thank you.

Can parents terminate the adoption of a 23-year-old adopted child?

Article 25 of the Law on Adoption 2010 stipulates the grounds for terminating the adoption as follows:

Adoption may be terminated in the following cases:

1. The adopted child has reached adulthood and the adoptive parents voluntarily terminate the adoption;

  1. The adopted child is convicted of crimes intentionally infringing upon the life, health, dignity, or honor of the adoptive parents; mistreating or abusing the adoptive parents, or has acts of dissipating the property of the adoptive parents;

  2. The adoptive parents are convicted of crimes intentionally infringing upon the life, health, dignity, or honor of the adopted child; mistreating or abusing the adopted child;

  3. Violation of the provisions of Article 13 of this Law.

Article 20 of the Civil Code 2015 provides:

1. An adult is a person who is eighteen years of age or older.

  1. An adult has full civil act capacity, except for cases specified in Articles 22, 23, and 24 of this Code.

In the case of an adopted child who is 23 years old, he/she is considered an adult. Therefore, if the adoptive parents voluntarily terminate the adoption, the adoption will be terminated.

Can an adopted child request the termination of the adoption?

Article 26 of the Law on Adoption 2010 stipulates the organizations and individuals who have the right to request the termination of the adoption as follows:

  1. Adoptive parents.

2. Adopted adult children.

  1. Biological parents or guardians of the adopted child.

  2. The following agencies and organizations have the right to request the termination of the adoption when there are grounds specified in Clauses 2, 3, and 4 of Article 25 of this Law:

a) Labor, war invalids, and social affairs agencies;

b) Women's unions.

An adopted child has the right to request the termination of the adoption. However, the adopted child must meet the condition of being an adult.

Sincerely!

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