Four conditions that stepparents and children must meet to form virtual blood relatives:
Parents' marriage is a prerequisite for the formation of the relationship between stepparents and children, but it is not a condition for the dissolution of the relationship.
Parents' remarriage is a necessary prerequisite for the formation of stepchild relationship, but the divorce of remarried parents does not necessarily lead to the legal consequences of the dissolution of stepchild relationship. When the parties remarry, the remarried spouse is the stepparents of their children, and the two parties are related by marriage. Rights and obligations should conform to the provisions, that is, there should be no abuse or discrimination between stepparents and stepchildren. In practice, this article is interpreted as follows: stepparents have legal obligation to support minor stepchildren who have no source of livelihood, and stepchildren have legal obligation to support stepparents who have no independent source of livelihood and cannot live independently; When one party has no ability to live independently, if both parties have no will and no maintenance or support, the two parties are only in-laws and have no legal rights and obligations; When stepparents and children are both persons with full capacity for civil conduct, and they live independently and are not dependent on each other, they are also purely in-laws After the divorce, the in-laws without legal rights and obligations were eliminated, but the quasi-lineal in-laws stepparents and children still existed.
(two) to fulfill the obligation of support (or maintenance) is a necessary condition for the formation of fictional blood relatives.
Parental education is the basis for applying the relevant provisions on the relationship between parents and children. This article can be understood as: only when the rights and obligations between parents are equally fulfilled can a fictional lineal relatives be formed. Such rights and obligations should include material assistance, life care and education obligations. In judicial practice, court cases generally take cohabitation as the standard and non-discrimination or abuse as the bottom line. It is generally believed that stepparents should bear all or part of their stepchildren's living expenses and education expenses, and give them care and help in life according to the standards of biological parents, or stepchildren should bear all or part of their living expenses and give them care and help in life.
(3) A certain period of support or upbringing is another necessary condition for the establishment of fictitious blood relatives.
* * * Living under the same roof, the dependents mainly rely on stepfathers (mothers) or stepsons (daughters). Because stepparents (or stepchildren) may undertake various obligations, three years * * * can be considered as the shortest period to form a dependency relationship (support). If it is more than five years, it is determined to form an irreversible artificial blood relationship and live together for three to five years. When one party only depends on the other party for material or life care, the shortest time to form a fictional lineal kinship should be extended to five years. If it is more than eight years, it should be considered that an irreversible fictional blood relationship has been formed. During this period, the judge should combine other factors to decide whether to form a dependency relationship. If it is less than the shortest time, it is generally not appropriate to identify the proposed blood relationship. It should be considered that the act of raising or supporting is based on maintaining the feelings of husband and wife or helping each other, and parents (or children) should give appropriate compensation to each other after divorce.
(four) the will of the parties should be used as an important reference for the formation of fictional blood relatives.
The Supreme People's Court 1993 "Several Specific Opinions on People's Courts Handling Children's Support in the Trial of Divorce Cases" stipulates that when a biological father and stepmother or a biological mother and stepfather divorce, if the stepfather and stepmother do not agree to continue to support their stepchildren, they should still be supported by their biological parents. It can be concluded by analogy that the will of the parties is an important reference factor for the formation or dissolution of the relationship between stepparents and children. Generally speaking, unless the parties are unwilling or the orphans and the elderly are left unattended, the formation of the proposed blood relationship should generally respect the true wishes of the parties.