The prototype of the movie "Lost Orphans" succeeded in acknowledging relatives, should adoptive parents be held accountable?
Lawyers explain in detail the difficulties of love and law behind reunion
On July 13, the Ministry of Public Security held a press conference in Beijing to introduce in detail the detection of the kidnapping case of the son of the prototype of the movie "Lost Orphan".
According to reports, on July 11, the public security organs of Shandong and Henan held a ceremony for the family of Guo Gangtang and Guo Xinzhen in Liaocheng, Shandong Province. After 24 years of separation, the family was finally reunited.
In the follow-up records of Guo Gangtang before his confession released by the host Chen Luyu, Guo Gangtang and his wife said that it is not important to change the name of the child and that they will fully respect the child's wishes and walk around the child's adoptive parents as relatives.
Behind the excitement and joy is the dilemma of law and morality.
On the one hand, there are biological parents whose blood is thicker than water, and on the other hand are adoptive parents who work hard. How will the abducted child balance the relationship between the two parties?
How will biological parents get along with adoptive parents?
What legal responsibilities should adoptive parents bear?
On the 13th, Chengdu Commercial Daily-Red Star News reporters had a dialogue with "abduction lawyer" Zhang Zhiwei and "Human Trafficker Mei Auntie" victim Shen Mou's second-instance lawyer Fu Jian to understand the legal and moral dilemmas faced by the biological parents and adoptive parents of the kidnapped child. The perplexity and confusion after abducted children recognize their relatives.
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"When you become an adult, you will recognize your relatives. Most people choose to walk on both sides to support both parents."
Reporter: After acknowledging their relatives, will the abducted children choose to return to their original families or continue to live with their adoptive parents?
Zhang Zhiwei: Most of the abducted children were found after they were adults.
Before they reach adulthood, children are less likely to be found, because these children may be unaware of their life experience.
Even if he knew, he would not dare to find relatives, because he felt that he could not face the original family, nor could he face the family of adoptive parents, he would be afraid of social blame.
Therefore, many children go to find their relatives after they have grown up, or after they get married, and even the search for relatives is carried out secretly.
When he is an adult, it is difficult to determine which party he belongs to because he is already relatively independent. Most people choose to walk on both sides to support both parents.
If a minor is found, the child will generally be returned to the biological parents.
In many cases, the police can only find abducted children and adoptive families, but cannot find their biological parents.
In the beginning, the police would let the child continue to live in the adoptive family, but required the adoptive parents not to abuse the child. Once the child’s biological parents were found, the child must be returned immediately.
Later, the Ministry of Public Security and the Civil Affairs Department reached an agreement that once the abducted children were found, they would be sent to the local child welfare agency and returned after the original family was found.
Therefore, underage children basically have no right to choose.
Reporter: In most cases of trafficking, after the child is found, how will the biological parents and adoptive parents get along?
Zhang Zhiwei: Generally speaking, both sides must hate each other in their hearts.
From the perspective of adoptive parents, they don’t feel that they owe the child’s biological parents. Many people even feel that the child was abducted and sold by traffickers and put in a sack. If it weren’t for me to spend money to save him, he now I don't know where I went yet.
I have worked hard to raise him as my own child for more than ten years. Now you say take it away and take it away. What should I do?
Adoptive parents will have this mentality.
However, from the perspective of biological parents, they will feel that their adoptive parents bought their own children and separated them from flesh and blood.
However, they also have to consider the child's feelings. The child has feelings for the adoptive parents. In order not to harm the child, the biological parents will not advocate accountability.
Of course, most cases have passed the criminal liability prosecution period.
Reporter: In this kind of abduction case, what is the general attitude of the child?
Zhang Zhiwei: The attitude of the child will be strange, and the feelings and decisions will vary from person to person, depending on the relationship between the child and the adoptive parents.
Some children get along well with their adoptive parents, and their adoptive parents treat him very well, so he will pay special attention to the feelings of the adoptive parents.
Some children do not get along well with their adoptive parents. In real life, this proportion is relatively high.
I found that many children (traced and trafficked) will vaguely feel that they are different from other children, and may not be biological, so the relationship with the family is not very good, and the family will not pay special attention to him. Sooner or later, I think this kind of child Will leave.
The growth of these children is not particularly good, and they will be more rebellious in the later stage. After being found, they may not be so oriented towards their adoptive parents.
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“Birth parents hold back their adoptive parents relatively rarely, and may only account for about 20%.”
Reporter: Generally speaking, after acknowledging their relatives, will the abducted children choose to return to their original families or continue to live with their adoptive parents?
What percentage of children choose to return to their original families?
Fu Jian: From the data point of view, the proportion of abducted children who choose to return to their original families may be more than half.
Because some of the abducted children live in poor living conditions with their adoptive parents and are often abused. On the other hand, they also show filial piety to their biological parents. The biological parents and children are a kind of mutual compensation for family affection. More people will choose to return to their original families.
Reporter: What are the legal responsibilities for adoptive parents who take the initiative to purchase a kidnapped child?
Fu Jian: According to my country's latest "Criminal Law" on the crime of buying a kidnapped child, buying a kidnapped child may be sentenced to fixed-term imprisonment of up to three years, criminal detention or surveillance.
However, if the kidnapped child is bought, there is no abuse of the kidnapped child, and the rescue of the kidnapped child is not hindered, a lighter punishment may be proposed.
Reporter: Are there biological parents who hold their adoptive parents accountable?
What is the approximate proportion?
Fu Jian: There are cases where biological parents hold their adoptive parents accountable, but more biological parents will still point the finger at the suspect, because in contrast, their children have lived with their adoptive parents for a long time. It’s even decades, so there are relatively few cases where biological parents hold their adoptive parents accountable. What I know may only account for about 20%.
Reporter: If the biological parents are held accountable, how will the adoptive parents be punished?
Fu Jian: According to the law, serious criminal penalties may be imposed, such as the crime of buying a kidnapped child, and child abuse may also constitute a separate crime.
In civil cases, certain compensation may be required.
Reporter: If the biological parents are not held accountable, how would the adoptive parents generally compensate the biological parents?
Will there be some emotional compensation or financial compensation?
Fu Jian: Generally speaking, it is more about spiritual comfort and financial compensation.
It may be that there will be frequent contacts with relatives later, and some spiritual comfort money will be provided.
However, depending on the specific circumstances of the child being abducted, there are also cases where the biological parents are grateful to the adoptive parents for raising their children.
Chengdu Commercial Daily-Red Star News reporter Chen Qingyuan and intern Lin Qianbing