How to cancel adoption?
solvedAnswers
Lorina Fedan
Adoption can be canceled by a court decision if:
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it contradicts the interests of the child, does not provide him with family education;
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the child suffers from mental retardation, mental or other severe incurable disease, which the adopter did not know and could not have known at the time of adoption;
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between the adopter and the child, regardless of the will of the adopter, relations have developed that make it impossible for them to live together and for the adopter to fulfill his parental duties.
Cancellation of adoption is not allowed after the child reaches the age of majority.
Adoption can be canceled after the child reaches the age of majority, if the illegal behavior of the adopted person, the adopter threatens the life and health of the adopter, the adopted person or other family members.
The adoption of an adult can be canceled by the court by mutual consent of the adopter and the adopted person or at the request of one of them, if family relations between them have not developed.
Adoption is canceled from the date of entry into force of the court decision.
In case of cancellation of adoption:
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the rights and obligations arising in connection with the adoption between the child and the adopter and his relatives are terminated for the future.
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the rights and obligations between the child and his parents, other relatives by origin are restored.
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the child is transferred at the request of the parents or other relatives to them, and if this is not possible - it is transferred to the guardianship of the guardianship and guardianship.
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on the basis specified in Clause 1 of Part 1 of Article 238 of the Civil Code of Ukraine, if the child is not handed over to the parents, the child retains the right to live in the residential premises in which he lived after adoption.
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the child has the right to keep the surname, first name and patronymic, which he received in connection with adoption. At the request of the child, she is assigned the surname, first name, patronymic that she had before adoption.