On The Principle Of Most Favorable To The Adopted In The Establishment Of Adoption

The principle of most favorable to the adopted is an inevitable requirement of the principle of maximizing the interests of children stipulated in the United Nations Convention on the Rights of the Child.The existence of the essential and formal elements of adoption is the prerequisite and basis for the establishment of an adoption relationship in accordance with the law,and a guarantee for the adoptee and the adopter to form a parentchild relationship of rights and obligations.It is for the adopter and the adoptee,especially for minors.The interests of the adoptee have a huge impact,so the conditions and procedures for adoption should be conducive to the healthy growth of the adoptee.Following the principle of the most favorable to the adopted,it is required that the construction of the adoption system should be centered on the most favorable to the adoptee,whether it is about the conditions of the adopter,the conditions of the adopter,the conditions of the adoptee,or the evaluation during the adoption and the handling of unregistered adoption should be based on the principle that is most beneficial to the adoptee.However,due to the abstractness and generality of the principle,the principle of maximizing the interests of the adoptee has the following system obstacles when implementing the adoption establishment: there is no upper limit on the age of the adopter in the establishment conditions of adoption,the adopter’s ability to foster education and protection of the adoptee lacks a unified identification standard,the type of illegal criminal record and the degree of violation of the adopter’s inability to adopt a child lack a basis for judgment,the adoption ability assessment system of adopters lacks uniform supporting measures,and lacks remedial measures for the effectiveness of the factual adoption relationship that has not been registered for adoption.,etc.The existence of the above obstacles has restricted the realization of the principle of the most favorable to the adopted.Therefore,it is necessary to set the upper age limit of adopters,unify the standards that adopters have the ability to raise,educate and protect adoptees,and clarify the types that there are no illegal crimes that are detrimental to the adoptees;establish an adoption evaluation mechanism that is compatible with adoption evaluation;When handling defective adoptions of adoption registration,the attitude of dealing with de facto marriages in judicial practice should be adopted,and the validity of de facto adoption relationships should be recognized conditionally,and an adoption registration correction system should be established to correct defective adoptions through corrections.