Three years after raising an abandoned baby, the orphanage sued the child's mother

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Three years after raising an abandoned baby, the orphanage sued the child's mother

Abandonment of children

After being disqualified by a court of law

Parents still have to pay for child support

Social services are responsible for performing custodial education< /p>

Do you have the right to claim parental support payments from your child?

From a question to see this

Welfare Home Recourses to Child's Mother Retirements

Three years after raising an abandoned baby, the orphanage sued the child's mother

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Case

On July 15, 2014, Wang delivered a premature baby girl in a caesarean section of the hospital. About a week later, Wang abandoned the baby girl in the hospital, in the absence of medical expenses. Leave alone. After receiving the alarm from the police station, after many parties failed to find Wang, they sent the baby girl to the Nanjing Social and Child Welfare Institute for support on September 26, 2014. The welfare house named the baby girl Kiki.

In 2017, after applying by the orphanage, the Xuanwu District People's Court of Nanjing, Jiangsu Province, revoked the guardianship of Wang and appointed the welfare home as the guardian of Kiki. Kiki has lived in the orphanage for more than three years. Now the welfare home asks Wang to return Kieqi's support period for 41 months to a total of 75,270 yuan.

Three years after raising an abandoned baby, the orphanage sued the child's mother

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Trial Strong>

The Xuanwu Court held that the parents had the obligation to support their children. Article 37 of the "General Principles of the People's Republic of China" stipulates: "Parents, children, spouses, etc. who are required to bear the support, alimony and alimony of the guarded person shall be discharged from their duties as guardians after being disqualified by the people's court. "Article 122 states that: "As others have no legal basis, they have obtained improper interests. The person who suffered the loss has the right to request the return of his improper interests."

In this case, Wang was a Kiki. The mother, who abandoned her daughter, was disqualified from her guardian by the court. However, after she was disqualified from the guardianship, Wang still had a legal obligation to bear the daughter's support. Because Wang’s whereabouts are unknown, the Plaintiff, as a social welfare aid organization, assumes responsibility for parenting education that should have been undertaken by Kiki’s own parents. After the plaintiff pays the maintenance premium, the plaintiff has the right to ask Wang to return the payment based on his unjust enrichment.

Three years after raising an abandoned baby, the orphanage sued the child's mother

Before identifying the father of Kiki's father without the parent-child relationship appraisal, the plaintiff only prosecuted Wang for prudent consideration. He did not violate the law and the court allowed it. After Wang had assumed child support, he could recover the child’s parent’s support payments according to law. Wang Wang did not appear in court to participate in the lawsuit and was regarded as giving up his right to reply and the right to produce evidence and cross-examination, and to bear the unfavorable consequences.

The case at the time of filing of the case was a dispute over support due to the fact that the plaintiff did not sue child support to the child's mother in the name of the child. The basic legal relationship between the plaintiff and the defendant was: Unjust enrichment, so the case should be changed to improper profit disputes.

In summary, the Xuanwu court held thatThe plaintiff’s lawsuit request is based on law, and it is in accordance with Articles 37 and 122 of the General Principles of the Civil Law of the People's Republic of China and Article 144 of the Civil Procedure Law of the People's Republic of China. Wangzhi made a payment of 75,270 yuan to pay for the maintenance of Kiki, the Nanjing Social Welfare Institute, within ten days from the date of entry into force of this judgment.

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Case Reviews

Parents' Parenting Naturally, since the child was born, it is an obligation given by society and regulated by national laws. It is both a social obligation and a legal obligation. Welfare colleges make full allocations to institutional units. Abandoned babies are adopted by welfare institutions. Actually, it is unfair to use the money of all taxpayers instead of the baby to take care of them.

Because of the lack of corresponding legal regulations, most abandoned babies cannot find their biological parents. The welfare institution, as a public welfare aid agency, actually assumes the obligation of parental education that should be borne by the child's parents. In judicial practice, there are not many cases in which child support payments were revoked after the guardian was disqualified. In individual cases, there was also a case in which one party had acts that were not conducive to the child’s growth due to domestic violence, drug use, and the other prosecuted for the withdrawal of the guardian’s eligibility and payment of support payments. In more cases, only the change of parenting is required, and custody is not required to be revoked.

Abandoning the baby's birth parent, because she does not want to raise her baby, will have no effect on her eligibility for guardianship. Of course, in practice, it is rare to see the case of child support parents seeking revenge for their children. This is mainly because abandoned babies are usually found in private situations and cannot be informed of the information of parents who abandoned babies, because there is no clear defendant. It is in conformity with the prosecution conditions stipulated in Article 119 of the Civil Procedure Law and cannot be sued.

The particularity of this case is that when Wang was admitted to hospital, he registered his identity information and also paid 7000 yuan for medical expenses.The information in her identity is clear. On October 1, 2017, the "General Principles of the Civil Law of the People's Republic of China" was implemented. Article 37 of the Law for the first time stipulated that the child's birth parent was disqualified from the guardianship by civil legislation, and should also bear the corresponding maintenance expenses. After the "Criminal Law of the People's Republic of China" stipulates the crime of abandonment, the obligation to provide for the child's parents should be stipulated at the civil legislative level, and the protection of minors should be more thorough.

Three years after raising an abandoned baby, the orphanage sued the child's mother

The welfare institution’s recourse against the child’s mother’s guardian’s eligibility after being sponsored by the orphanage is a lively practice at the judicial level of Article 37 of the General Principles of the Civil Code, which is to effectively protect the legal rights of minors and ensure that the minors are properly monitored. Care, with a good declaration and educational significance.

The reason why Wang Wang abandoned his daughter is unknown. However, whatever reason he has given birth to a child, he must take responsibility as a parent and train the child to be useful to the country and society. Talent.

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Dialogue Judge

Xiao Bian: Defendant Kiki The birth mother Wang did not appear in court to participate in the lawsuit. Can the verdict be implemented?

Judge: After the verdict comes into effect, the orphanage can apply to the court for enforcement. The court has ascertained the resident's identity card number of the defendant. The court can, according to the application of the welfare institute, list the defendant as a trustee of default. It can also restrict its entry and exit in accordance with the law. As the defaulter, the applicant must be restricted in applying for bank loans, flying on planes, high-speed trains, and high consumption.

Whether the verdict of this case can be executed to the defendantThere is a certain degree of uncertainty in the property, but as the credit system becomes more and more perfect, the days of dishonest executors are getting sadder and harder. Therefore, there are also great possibilities in this case to implement the property of the defendant. .

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