The adoptive father and biological father shall support the adoptive father who has formed a foster relationship with him. When the relationship between adoptive parents and children is established, the relationship of rights and obligations between adoptive children and biological parents and other close relatives disappears. Therefore, adopted children should fulfill the obligation of supporting adoptive parents, and adoptive parents and biological fathers should support adoptive fathers who form a supporting relationship with them.

Although the marriage law stipulates that adult children have the obligation to support their parents, it is adoptive parents, not biological parents, who have the obligation to support their adopted children. However, if the adopted children are willing to support their biological parents beyond their legal obligations, the law does not prohibit them.

The rights and obligations between adoptive parents and adopted children shall be governed by the relevant provisions of this Law on the relationship between parents and children. The rights and obligations between adopted children and biological parents are destroyed by the establishment of adoption relationship. From this regulation, we can know that only when a child is legally adopted by others can the rights and obligations between him and his biological parents be eliminated. After the adoption relationship is established, the biological parents have no obligation to raise and educate their adopted children, and the corresponding adopted children have no obligation to support and assist their biological parents. Legally, it mainly depends on whether the adopted son and the biological parents have formed a relationship of upbringing and education. The biological parents only gave birth to the child, but did not raise it. Of course, the child has no obligation to support it.

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. Later, the obligation of support occurred after the adoption relationship was dissolved and the relationship between adoptive parents and adopted children ceased to exist.

Therefore, material support for the purpose of solving the survival problem is to pay the living expenses, which has become a remarkable feature of the post-support obligation.

legal ground

Article 1067 of the Civil Code: If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently have the right to ask their parents to pay alimony. Parents who fail to perform their maintenance obligations, lack the ability to work or have difficulties in living have the right to claim alimony from their adult children.