Secondly, foreigners who come to China for adoption should conclude a written adoption agreement with the person placing out the child for adoption. The adoption agreement should include in general such contents as the adopters' willingness to adopt, the consent of the person placing out the child for adoption and both parties' agreement to establish an adoptive relationship. The agreement shall be done in triplicate, the adopters, the person placing out the child for adoption and the adoption registration organ each keeps one copy.

Thirdly, foreign adopters, the person placing out the child for adoption and the adoptee should go together to the civil affairs department of the people's government of the province, autonomous region or municipality under the jurisdiction of the Central Government for the adoptive registration in the locality of the adoptee's permanent residence.

 

 

The adoptee shall be a minor under the age of 14;

The adopter shall meet simultaneously the following requirements:

having reached the age of 30;

childless;

having capability of rearing and educating the adoptee;

having no such diseases as considered medically unfit for child adoptions.

If a male person without spouse adopts a female child, the age difference between the adopter and the adoptee shall be no less than 40 years.

The adoption of a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship may not be subject to the restrictions that the adopted minor must be under the age of 14 and the age difference between the adopter and the adoptee shall be no less than 40 years.

An overseas Chinese, in adopting a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship or a stepfather or stepmother, in adopting the stepson or stepdaughter, may not be subject to the restrictions of the adopter being childless and that the adopted minor must be under the age of 14.

 

 

Adoption application (adoption agreement);

Duplicate copies of residence booklet, passport (laissez-passer), and resident ID card and duplicate copy of marriage certificate;

Certificates on such particulars of the adopter's age, marital status, occupation, property, health and non-criminal record notarized by a notary organ;

Two photos of the adopter and adoptee respectively as well as two group photos of the adopter and the adoptee;

certificate issued by a notary organ of adopting a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship;

certificate by the public security organ of discovering the abandoned infant or child. Public notices issued by the civil affairs department of the provincial people's government for ascertaining the biological parents of abandoned infants or children shall be published in a local newspaper at the provincial level. Where the biological parents or other guardians of the abandoned infant or child do not come to claim him or her after 60 days as of the date of the publication of the public notice, such an abandoned infant or child shall be regarded as one whose biological parents cannot be ascertained.

Where the adoption of children by foreigners within the territory of the People's Republic of China, the person placing out a child for adoption shall submit his or her residence booklet, resident ID card and residence certificate of the adoptee to the civil affairs department of the people's government of a province in accordance with Measures for Registration of Adoption of Children by Foreigners in the People's Republic of China:

If the biological parents (including divorced ones) are the persons who place out the adoptee for adoption, a certificate proving that the biological parents cannot rear the adoptee due to unusual difficulties and a written consent of both of the biological parents on the placing-out shall be submitted; among those, if the adoptee is placed out for adoption by a single parent because the spouse of the biological father or mother has died or has been missing, a certificate proving that the other spouse has died or has been missing as well as a written declaration that the dead spouse or the spouse who has been missing on giving up the priority in rearing the child shall also be submitted;

If a guardian is the person who places out the adoptee for adoption because the adoptee's parents have no full civil capacity, a certificate proving that the adoptee's parents have no full civil capacity and may do serious harm to the adoptee and a certificate proving that the guardian has the right of guardianship shall be submitted;

If a guardian is the person who places out the adoptee for adoption because both of the adoptee's parents have died, a certificate proving the death of the adoptee's biological parents, a certificate proving the guardian's actual bearing of obligations of guardianship as well as a written consent of other persons bearing rearing obligations on the placing out for adoption shall be submitted;

Where a social welfare institution acts as the person who places out a child for adoption, a certificate of the situations in the abandonment and discovery of the abandoned infant or child, and a certificate of the process of the search of his or her parents or other guardians shall be submitted; where the adoptee is an orphan, a certificate proving the death or the declaration of death of the orphan's parents as well as a written consent of other persons bearing the obligations of rearing the orphan on the placing out for adoption shall be submitted.

Where a disabled child is placed out for adoption, a certificate of disability of the child issued by a medical agency at or above the county level shall also be submitted.

 

 

The adopter shall fill in the Adoption Registration Approval Form after submitting the required materials. The adopter, adoptee and person who place out a child for adoption appear in person for counseling and record at the civil affairs department of people's government at the provincial level. They can enter into adoption registration after materials' checking by relevant departments and the approval of the competent leader

Processing time: seven days

Charges:

Application: 20 yuan; cost of adoption certificate: 10 yuan; registration and investigation: 220 yuan.

Result:

Proved to be qualified after examination, the adopter will be given the Adoption Registration Certificate.

Guiding legislations:

Adoption Law of the People's Republic of China; Measures for Registration of Adoption of Children by Foreigners in the People's Republic of China; and Jurisdiction and Required Documents for the Registration of the Adoption of Chinese Children by Overseas Chinese Descendents, or Chinese Residing in Hong Kong, Macau or Taiwan Region.

 

 

I. Required documents:
 

 

1. The adopting couple shall submit a written application to the public welfare institution, while in the application the family situation, income and property as well as his or her requirement of the abandoned infants to be adopted shall be specified. Promise and guarantee to the public welfare institution and abandoned infants to be adopted shall be also included in the application: treat the abandoned infant as his or her own child and never abandon the child.

2. The adopting couple shall submit the resident identity card marriage certificate and residence booklet (both the original certificates and copies).

3. The adopter's work unit or village committee shall give certificate of the adopter's marital status capability of rearing and educating the adoptee and certificate that can prove whether the adopter has a child or not.

4. Certificate of adopter's fertility condition issued by family planning departments above the county level in the locality of adopter's permanent residence.

5. The adopting couple shall submit health examination certificates issued by a medical agency at or above the county level to a public welfare institution.

6. Certificate of no criminal records issued by the public security organ in the locality of the adopting couple's permanent residence.

 
 

 

 

1. Inspection form of cross-national placing-out for adoption.

2. The copy of the identity card of the person in charge of the public welfare institution.

3. The copy of residence certificate of the child being placed out.

4. The duplicate copy of Registration Form of Discovery of the Abandoned Infant.

5. The duplicate copy of Registration Form of Accepting Abandoned Infants by Public Welfare Institution.

6. The copy of public notices to ascertain the biological parents for those abandoned infants.

7. The duplicate copy of Physical Examination Form of Abandoned Infant or Child and testing report.

8. The duplicate copy of Growth Condition of Child Being Placed Out.

9. Photos: three color bare-headed photos (two inches)

10. Other things

 

 

Before the adoptee leaves China, the adopter should go, with the certificate of adoption registration, to the public security organ at the locality where the adoption is registered and go through exit formalities for the adoptee according to the stipulations set forth in the Registration Measures for Adoption of Children by Foreigners in the People's Republic of China.

Guide on Notarization of Terminating Adoptive Relationship

Notarization of terminating adoptive relationship issued by state notary organs according to the application of the parties of the adoptive relationship proves that the termination of the rights and obligations of the adopter and the person who places out a child for adoption or those of the adopter and adoptee is an act of authenticity and legality.

Termination of adoptive relationship is notarized by the notary organ in the locality of the adopter's residence.

 

 

 

Things concerning notarization of terminating adoptive relationship cannot be completed by others except the parties concerned.

Where the adoptee has limited or no full civil capacity, issues concerning the termination of adoptive relationship shall be legally conducted by his or her biological parents or legal guardian.

Parties involved should have proper motivation of terminating the adoptive relationship. Motivations of avoiding the obligation of rearing or any act of corrupting public morals shall not be allowed.

Where the adoptee reaches the age of 10, his or her consent on termination of the adoptive relationship shall be obtained and recorded.

Where one of the following situations occurs, the termination applications are not accepted:

a. where the adopter or the adoptee who has civil capacity doesn't agree to the termination;

b. where the adoptee has limited or no full civil capacity, whose biological parents have died and who has no other guardians;

c. where the adoptee has no civil capacity and one party of his or her biological parents objects to the termination;

d. where one party of the adopter and adoptee has no self-care ability because of a serious disease;

e. where the adopter has lost ability to work and completely relies on the adoptee economically for living.

An agreement on termination of the adoptive relationship shall include the following:

the name, sex, birth date, address of the parties involved in the adoption;

the date and process of establishment of the adoptive relationship;

reasons for terminating the adoptive relationship;

handling of issues concerning property and life after the termination of the adoptive relationship;

the date of termination of the adoptive relationship;

other contents considered by the two parties shall be included in the agreement;

signatures and seals of both parties involved as well as the date.

 

Required documents for the notarization of terminating the adoptive relationship:

resident identity cards and residence booklets as well as the duplicate copies of both parties involved;

notarial deed for the establishment of the adoptive relationship or other certificates that can prove the adoptive relationship;

agreement on termination of adoptive relationship;

other documents required by the notary.

 

Under what circumstances can foreign adoption applicants put forward

Under one of the following circumstances can foreign adoption applicants put forward their application to the Hunan adoption organ for expediting the process of their adoption through their governments or adoption organizations authorized by their governments:

 

(1) Application for adopting sick and disabled children living in public welfare institutions.

(2) Application for adopting normal children above the age of 3 living in public welfare institutions by foreign adoption applicants under the age of 45.

 

(3) Application for adopting normal children above 6 years old living in public welfare institution by foreign adoption applicants above 45 years old.

(4) Application for adopting children of special needs referred by the Hunan adoption organs.

(5) One or both of the foreign adoption applicants are Chinese with foreign nationality; or one of the couple is an overseas Chinese, the other, a foreigner.

 

(6) Foreign adoption applicants who have continuously lived in China for more than one year for work or study.

To apply for expediting the procedure of their adoption, foreign adoption applicants shall submit their written applications through their governments or the adoption organizations authorized by their governments

 

How many Chinese children can a foreign adopter adopt at one time?

A foreign adoption applicant can only adopt one child at a time in China (with the exception of the adoption of twins or the siblings living in the same welfare institution). The foreign adopter who has already adopted one child and who wishes to adopt a second Chinese child, may, in principle, do so only one year after the first adoption, by resubmitting adoption application and evidentiary materials.

 

In accordance with the provisions set forth in the Adoption Law of the People's Republic of China, the adopters should meet simultaneously the following requirements:

(1) Childless. Being childless means that the adopters have neither biological children, nor any adopted children, nor step-children.

(2) The capacity of rearing and educating the adoptee. The capacity of rearing and educating the adoptee means that the adopter should have the full civil capacity, and the capacity of rearing and educating the adoptee physically, intellectually, economically and morally as well as the capacity of fulfilling parental obligations to their children.

(3) No such diseases as considered medically unfit for adoption. No such diseases as considered medically unfit for adoption is defined as mainly mental disease and infectious disease.

(4) Having reached the age of 30. Having reached the age of 30 means that one has reached his 30 full years of age. When a couple jointly adopt a child, both of them should have reached the age of 30.

If a person with a spouse adopts a child, the husband or wife should obtain consent from the other to adopt the child jointly.

If a spouseless male adopts a female child, the age difference between the adopter and the adoptee should be more than 40 years.

The adoption of a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship, may not be subject to the restrictions that children whose parents are unable to rear them due to unusual difficulties, the age difference between the adopter and the adoptee shall be no less than 40 years and that the adoptee is under the age of l4.

A collateral relative by blood of the same generation and up to the third degree of kinship refers to one of the siblings and cousins of the third degree of kinship; a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship refers to one of the children of the siblings and that of cousins of the third kinship, namely, nephews and nieces, and nephews and nieces of the fourth generation.

Orphans, disabled children or abandoned infants and children, who are raised in the public welfare institutions, and whose biological parents can not be ascertained or found, may be adopted irrespective of the restrictions that the adopter should be childless and adopt one child only.

 

 

 

A letter applying for expediting the processing must clearly contain the following:

 

Title: Application letter to expedite adoption processing

 

Name of the adoption organization submitting the adoption dossier

 

Name of the adoptive family according to the name(s) on the passport(s)

If the dossier has already been submitted, the date on which the adoptive family's adoption dossier registered at the Hunan adoption organs shall be specified

 

Reason for expedition: the adopters are Chinese, the adopters work or study in China (indicate continuing time of work or study in China), or the adopters have applied to adopt a child over the age of six or a special needs child

 

Adoption organization's definite opinion regarding application for expedition

 

Signature of the adoption organization's director or China program's director

 

Application letter the adoptive family submitted to the adoption organization