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Is it illegal for parents to abandon their children?
1. Refusing to raise a young or sick child, if the circumstances are bad, the person who has the obligation to support constitutes the crime of abandonment. However, if these children are threatened to starve just for educational purposes, it cannot be considered as refusing to support them, nor is it a bad situation, and generally it should not be considered as a crime.
2. If children are abandoned in busy neighborhoods or in front of maternal and child health centers for the purpose of not supporting them, it can generally be considered as abandonment. In life, it is not uncommon for children to be abandoned in these places because of heavy burdens or illness.
3. If a child is abandoned in an uninhabited place, or in a suburb where ordinary people can't help and detect, and the child dies or is seriously injured because no one finds it, it should not constitute the crime of abandonment, but the crime of intentional homicide or intentional injury.
Is it illegal to give children away to others?
In some cases, it is not illegal to give children to others. Our country's law allows adoption, as long as it meets the adoption conditions, it can be adopted. The conditions for adoption are: the adopter has no children or only one child; Having the ability to raise, educate and protect the adoptee; Not suffering from diseases that are medically considered unsuitable for adopting children; All criminal records that are not conducive to the healthy growth of the adoptee; At least 30 years old.
Parents are the legal guardians of children, and it is also the responsibility of parents to raise children. If you can't take care of the children directly because of work or for some reason, it is also feasible to temporarily give them to relatives for help, but the guardianship responsibility has not been transferred. If the child is directly raised by others, it is not allowed by law unless adoption, adoption and other procedures have been handled. The adoptee must also meet the conditions prescribed by law before going through the adoption formalities.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 261 of the Criminal Law of People's Republic of China (PRC). Those who refuse to support those who are old, young, sick or unable to live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
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