Do parents have the right to disown their children?

Question:

Dear lawyer, I have a 33-year-old son who does not work, only gambles, drinks, and is addicted to drugs. My family has tried many ways to advise him, but he does not listen, often asks for money from his parents, takes family assets to sell... Now I want to disown this son, is that possible?

Reply:

Currently, there is no legal provision allowing biological parents to adopt their biological children.

The law only stipulates that adoptive parents have the right to request the court to issue a decision to terminate the adoption if the adopted child commits a serious act of violating the body or dignity or commits other acts that cause the adoptive parents' feelings to disappear.

However, if a child sells family assets, a petition can be filed with the Court to declare that this person has limited civil capacity and is restricted from performing civil transactions.

Because according to Clause 1 and Clause 2, Article 23 of the 2005 Civil Code, it is stipulated that: " Drug addicts and other stimulant addicts leading to the destruction of family assets, at the request of people with related rights and interests, relevant agencies and organizations, the court may issue a decision declaring them as having limited civil capacity. Civil transactions related to the assets of people with limited civil capacity must have the consent of the legal representative, except for transactions to serve daily living needs".

Regarding the procedure for requesting the court to declare your son as having limited civil capacity: According to Article 312 of the Civil Procedure Code, you must submit a request to the District People's Court where your family resides; Along with the request for the court to declare a person as having limited civil capacity, you must also submit evidence to prove that your son is a drug addict leading to the destruction of family property.

Lawyer Nguyen The Vu - Binh Dinh Provincial Bar Association.

Nguyen Gia

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