User consultation: My father was heavily in debt due to gambling, and the property was sold out. Now he pretends to be a private employee to apply for a bank credit card and wants to cash in gambling. My mother and I are afraid of being dragged into the water. How to apply for dissolution of legal paternity?
Lawyer Luo Yanguo of Beijing Shi Jing (Harbin) Law Firm replied:
There is no legal procedure or document that can sever the relationship between father and son. The biological father and son can't sever the father-son relationship, but can only be terminated by the death of one party. There is no law in our country that allows children to sever relations with their parents.
legal ground
Article 2 1 of the Marriage Law stipulates that parents have the obligation to raise and educate their children; Children have the obligation to support and assist their parents. Minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations. Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. Infanticide, abandonment and other acts that harm infants are prohibited.
Article 36 of the Marriage Law stipulates that the relationship between parents and children shall not be eliminated due to the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise and educate their children.
Analysis of Lawyer Luo Yanguo;
The relationship between biological parents and children is legally inseparable. Severing the parent-child relationship is only a personal act and is not protected by law. If you want to break off the father-daughter relationship with your father, you can negotiate with him. However, the agreement formed through such negotiation may be illegal and have no legal effect.
Legally, the rights and obligations of both parties can only be lifted through adoption, and only minors can be adopted and adopted.
For the biological father-son relationship. The relationship between father and son is based on blood relationship, which can be "severed" emotionally, but this natural blood relationship cannot be lifted legally. However, although the blood relationship cannot be dissolved, the father's guardianship obligation to his children based on legal obligations can be automatically dissolved after the children reach the age of 18. If you have reached the age of 18, you are legally a person with full capacity. As long as you don't violate laws and regulations, you are completely free and legally free from parental interference.
According to the provisions of Article 11 of the Notary Law of People's Republic of China (PRC), the notary office shall handle the following notarization matters upon the application of natural persons, legal persons or other organizations:
(1) Contract;
(2) inheritance;
(3) entrustment, declaration, gift and will;
(4) division of property;
(5) Bidding and auction;
(6) Marital status, kinship and adoption;
(seven) birth, survival, death, identity, experience, education, degree, position, title, whether there is a criminal record;
(8) Articles of association;
(9) Preserving evidence;
(ten) the signature, seal and date of the document, and the copy and photocopy of the document are consistent with the original;
(eleven) other notarization matters voluntarily applied by natural persons, legal persons or other organizations.
For matters that should be notarized according to laws and administrative regulations, the relevant natural persons, legal persons or other organizations shall apply to the notary office for notarization.
Graduated from Jilin University majoring in economic law; Rich practical experience, good at retrial cases, complex and difficult criminal cases, contract disputes, equity disputes and other difficult commercial cases, marriage and family, real estate disputes, and rich experience in legal counsel.