Who should be responsible for parents' pension?

First, it is clear that the law clearly stipulates that adult children have the obligation to support their parents.

Maintenance obligation

(1) Post-maintenance obligation arises after the adoption relationship between adoptive parents and adopted children is dissolved, which is a time feature of post-maintenance obligation and one of the formal features that distinguishes post-maintenance obligation from maintenance obligation.

(2) The subject of post-support obligation is adult children raised by adoptive parents. An adopted child who is nominally adopted but does not actually live with the adoptive parents, or an adopted child who has been raised by the adoptive parents but has not yet reached adulthood, is not the subject of this obligation;

(3) The object of post-support obligation is the adoptive parents who lack the ability to work and the source of livelihood. There are two factors here, one is lack of ability to work, and the other is lack of source of livelihood. Both must be available at the same time, and neither of them constitutes the object of post-support obligation;

(4) The content of post-maintenance obligation is to pay living expenses. This is the essential feature that post-maintenance obligation is different from maintenance obligation. Under normal circumstances, the general children's obligation to support their parents includes both material support, that is, paying living expenses and spiritual support. Because the latter obligation occurs after the adoption relationship is dissolved and the relationship between adoptive parents and adopted children no longer exists, material support for the purpose of solving the survival problem, that is, paying living expenses, has become a remarkable feature of the latter obligation.

Article 14 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall perform the obligations of economic support, life care and spiritual comfort for the elderly and take care of their special needs. Therefore, a complete maintenance obligation includes three aspects: material support, spiritual comfort and life care:

1, financially support adult children who have the ability to support them. When parents have no economic income, or the economic income is insufficient to maintain the local minimum living needs, they should provide necessary support expenses for the elderly. If children live with their parents, they should provide their parents with necessary clothing, food, shelter and transportation; For children who are unable or unwilling to live with their parents, children should provide necessary support for their parents.

2. Life care Life care refers to helping elderly and frail parents. Article 21 of the Marriage Law stipulates that "children have the obligation to support and assist their parents. Parents who are unable to work or have difficulties in life have the right to ask their children to pay alimony when their children fail to fulfill their alimony obligations. " This article clarifies that children should fulfill their obligation to support their parents. On the other hand, it also clarifies two conditions for parents to ask their children to pay alimony, one is old and weak, and the other is difficult life.