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Chapter III

Validity of Adoption

Article 23As of the date of establishment of the adoptive relationship, the legal provisions governing the relationship between parents and children shall apply to the rights and obligations in the relationship between adoptive parents and adopted children; the legal provisions governing the relationship between children and close relatives of their parents shall apply to the rights and obligations in the relationship between adopted children and close relatives of the adoptive parents.

The rights and obligations in the relationship between an adopted child and his or her own parents and other close relatives shall terminate with the establishment of the adoptive relationship.

Article 24An adopted child may adopt his or her adoptive father's or adoptive mother's surname, and may also retain his or her original surname, if so agreed through consultation between the parties concerned.

Article 25Any act of adoption contravening the provisions of Article 55 of the General Principles of the Civil Law of the People's Republic of China and those of this Law shall be of no legal validity.

Any act of adoption ruled to be invalid by a people's court shall be of no legal validity from the very start of the act.

Chapter IV

Termination of the Adoptive Relationship

Article 26No consignee may terminate the adoptive relationship before the adopted person comes of age, except when the consignee and the consignor for the adoption agree to terminate such relationship. If the adopted child involved reaches the age of 10 full years or more, his or her consent shall be obtained.

Where a consignee fails to perform the obligation of rearing and commits maltreatment, abandonment, or other acts of encroachment upon the lawful rights and interests of the minor adopted child, the consignor for adoption shall have the right to demand termination of the adoptive relationship. Where the comsignee and the consignor for adoption fail to reach an agreement thereon, a suit may be filed in a people's court.

Article 27Where the relationship between the adoptive parents and an adult adopted child deteriorates to such a degree that their living together in a same household becomes impossible, they may terminate their adoptive relationship by agreement. In the event of failure to reach an agreement, a suit may be filed in a people's court.

Article 28The parties concerned shall, upon reaching an agreement on the termination of the adoptive relationship, go through the registration for the termination of the adoptive relationship at a civil affairs department.

Article 29Upon termination of the adoptive relationship, the rights and obligations in the relationship between an adopted child and his or her adoptive parents and other close relatives shall also terminate, and the rights and obligations in the relationship between the child and his or her own parents and other close relatives shall be restored automatically. However, with respect to the rights and obligations in the relationship between an adult adopted child and his or her own parents and other close relatives, it may be decided through consultation as to whether to restore them.

Article 30Upon termination of the adoptive relationship, an adult adopted child who has been reared by the adoptive parents shall provide alimony for the adoptive parents who have lost ability to work and are short of any source of income. If the adoptive relationship is terminated on account of the maltreatment or desertion of the adoptive parents by the adopted child on reaching adulthood, the adoptive parents may demand a compensation from the adopted child for the living and education expenses paid during the period of adoption.

If his or her own parents of an adopted child request the termination of the adoptive relationship, the adoptive parents may demand an appropriate compensation from his or her own parents for the living and education expenses paid during the period of adoption, except if the adoptive relationship is terminated on account of the maltreatment or abandonment of the adopted child by the adoptive parents.

Chapter V

Legal Responsibility

Article 31Whoever kidnaps and traffics children under the cloak of adoption shall be investigated for criminal responsibility in accordance with law.

Whoever abandons an infant shall be imposed a fine by a public security organ; where a crime has been constituted, criminal responsibility shall be investigated according to law.

Whoever sells his or her own child(children) shall be confisticated of the illegal income and imposed a fine by a public security organ; where a crime has been constituted, criminal responsibility shall be investigated according to law.

Chapter VI

Supplementary Provisions

Article 32People's congresses and their standing committees of autonomous areas of nationalities may, on the basis of the principles of this Law and in the light of the local conditions, formulate adaptive or supplementary provisions. Provisions of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for the record. Provisions of autonomous prefectures or autonomous counties shall be submitted to the standing committees of the provincial or autonomous regions' people's congresses for approval before coming into force, and shall also be submitted to the Standing Committee of the National People's Congress for the record.

Article 33The State Council may, in accordance with this Law, formulate measures for its implementation.

Article 34This Law shall enter into force as of April 1, 1992.

Notice: In case of discrepancy, the original version in Chinese shall prevail.

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