On Adoption Agreement

We have just done such a little study on adoption agreement even there are always endless controversy over adoption around us. The adoption agreement is contract between adopter and adoptee which must conform to laws and regulations. First of all, the single simple qualification of civil subject in that agreement limited the scope of subjects just in adopter and guardian which brings some difficult for it's improvement. So, we use the experience of foreign laws for reference to enlarge diversified qualification of subjects which make more adopters have the rights to get a adoptee. Secondly, adoption agreement is a solemnity and agreement about the relation of paternity. Adoption agreement is a perfect embodiment of autonomy in civil code. But it has its independence which is different from the normal contract. It also has particularity in agreement starting, effectiveness, performance, termination. The offer and the commitment are more complicated than civil contract which involves much more questions. Some of its procedures and affairs such as offer, commitment and effectiveness could adopt some rules of the law of contract. It is necessary to have a custodian who should get some paid according to the agreement. It can apply some items of violation rules in condition of invalid agreement or quashed one. People who make a invalid adoption convention may violate the law even commit a crime in China. Some others who commit the violation of civil rights should response to the penalty because the invalid agreement would bring hurts to the people involved. We need make a concrete analysis of every procedure during the adoption. For example, guardian and adoptee have the rights to appeal for help when the things go bad to the adoptee. They could use contract of gift for reference to have right to a temporary defense before the economic condition of the adopter was becoming too bad. There is no definition on the breach of faith in the termination of adoptive relationship. But the party needs to pay for the dissolution caused by no proper reason or some mistake according to bona fide doctrine. The victim has rights to appeal and claim compensation for damage under the delict is ascertained. Anyway, relief and liabilities for breach of contract are totally two different things.