Section 1598/31.- If the adopted has become sui juris, the dissolution of adoption may be made at any time by mutual consent of the adopted.

If the adopted is not yet sui juris, the dissolution of adoption shall take place after the consent of the parents has been obtained, and Section 1598/20 and Section 1598/21 shall apply mutatis mutandis.

In case of the adoption has been effected under paragraph two of Section 1598/21, Section 1598/22, Section 1598/23, Section 1598/24 or paragraph two of Section 1598/26, if the adopted is not yet sui juris, the dissolution of adoption shall be effected only by the order of the Court upon the application of an interested person or of the Public Prosecutor.

The dissolution is valid only upon registration being effected according to law.

 

Section 1598/32.- The adoption will become dissolved if the marriage is made in contravention of Section 1451.

 

Section 1598/33.- As regards action for dissolution of adoption :

                  (1) If one party is guilty of serious misconduct, whether it be a criminal offence or not, which causes the other very much ashamed or being hated, or sustaining excessive injury or trouble, the latter may claim dissolution ;

                  (2) If one party has seriously insulted or held in serious contempt the other or his ascendants, the latter may claim dissolution, and if the said commission has been done against the spouse of the adopter by the adopted, the adopter may claim dissolution ;

                  (3) If one party has committed any act of violence against the other, his ascendants or his spouse which causes grave danger to the body or mind and constitutes offence criminally punishable, the latter may claim dissolution ;

                  (4) If one party does not maintain the other, the latter may claim dissoulution ;

                  (5) If one party has wilfully deserted the other for more than one year, the latter may claim dissolution ;

                  (6) If one party has been sentenced to imprisonment exceeding three years, except an offence committed through negligence, the other may claim dissolution ;

                  (7) If the adopter fails to comply with his parental duties and such failure constitutes a wrongful act or non-compliance with Section 1564, Section 1571, Section 1573, Section 1574 or Section 1575, which has caused or would have caused serious injury to the adopted, the adopted may claim dissolution ;

                  (8) If the adopter has been deprived partly or wholly of his parental power, and the ground for such deprivation bears circumstantial evidence showing that the adopter is ot the proper person to be adopter further, the adopted may claim dissolution ;

                  (9) … (Repealed)…

 

Section 1598/34.- No action for dissolution of adoption shall be entered later than one year from the day when the claimant has known or ought to have known of the fact constituting the ground for dissolution, or later than ten years from the time of the occurrence of such fact.

 

Section 1598/35.- If the adopted is under fifteen years old, the action for dissolution of adoption shall be entered on his or her behalf by the inborn parents. As regards to the adopted being more than fifteen years old, he or she can enter the action without having to obtain consent from any person.

The Public Prosecutor may, in case under paragraph one, enter the action on behalf of the adopted.