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Measures on the Registration of Adoption of Children by Foreigners in the People’s Republic of China

  Article 1  These Measures are enacted in accordance with the Adoption Law of the People's Republic of China with a view to regularize the registration of foreign-related adoption.

  Article 2  Foreigners who attempt to adopt a child within the territory of the People's Republic of China (hereinafter referred to as foreigners attempting to adopt a child in China), shall be subject to a registration procedure according to these Measures.

Where a couple, one of whom is a foreigner, attempting to adopt a child in China, shall also be subject to a registration procedure according to these Measures.

  Article 3  Foreigners attempting to adopt a child in China shall conform to relevant laws in relation to adoption both in China and in their home countries; problems arising from the disaccords between the laws of their home countries and those of the China shall be resolved through consultation by relevant departments of the governments of  two countries.

  Article 4  Foreigners attempting to adopt a child in China shall deliver an adoption application, a report and a certificate concerning family situation to adoption organizations authorized by Chinese government (hereinafter referred to as Chinese adoption organizations) through governments of their home countries or adoption organizations authorized by governments of their home countries (hereinafter referred to as foreign adoption organizations).

  The adoption application, report and certificate concerning family situation mentioned in the preceding paragraph refer to following documents which shall be issued by competent agencies of the adopters’ home countries, authenticated by diplomatic departments of the adopters’ home countries or agencies authorized by such diplomatic departments, and authenticated by embassies or consulates of the People's Republic of China stationed in that country.

  (1) application for transnational adoption;

  (2) birth certificate;

  (3) certificate of marital status;

  (4) certificate of occupation, income and property;

  (5) certificate of health examination;

  (6) certificate certifying whether the adopter has ever been subjected to criminal punishment;

  (7) certificate certifying the approval of transnational adoption by competent agencies of the adopter’s home country;

  (8) report of family situation, including such contents as the adopter's status, eligibility and appropriateness of adoption, family background, medical history, motive for adoption and characteristics suited to child care.

  Foreigners who have lived in China working or studing for more than one year, attempting to adopt a child in China, shall submit the documents prescribed in the preceding paragraph except for the certificate of health examination, and shall also submit the certificates issued by the Chinese units to which they belong or relevent departments, which certify such matters as marital status, occupation, income or property condition and whether have ever been subjected to criminal punishment,  as well as the certificate of health examination issued by medical units at or above county level.

  Article 5  Such certifying papers as the permanent resident booklet, the resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the identification card of the person in charge of such organization) and a resident certificate of the adoptee shall be submitted to a civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government by the person placing out the child, and the following certifying papers shall also be submitted according to respective situations:

   (1) Where the parents (including those who have divorced) intend to place out their child for adoption, a certificate on their incapability of upbringing owing to unusual difficulties and a written consent agreeing to place out the child for adoption shall be submitted; thereinto, where one of the parents intends to place out a child for adoption while the other spouse has died or has been missing, a certificate certifying that the other spouse has died or has been missing and a written paper declaring that the parents of the deceased or missing spouse have given up the priority in rearing the child shall  also been submitted.

  (2) Where a guardian intends to place out a child for adoption for the reason that the adoptee’s parents do not have full civil capacity, a certificate certifying that the adoptee's parents have no full civil capacity and may do serious harm to the adoptee, and a certificate certifying that the guardian owns the guardianship shall be submitted.

  (3) Where a guardian intends to place out a child for adoption for the reason that both of the adoptee’s parents had died, certificates certifying that the adoptee's parents have died and the guardian assumes the obligations of guardianship virtually, as well as a written consent on the placement for adoption from the person who has obligations to support the adoptee shall be submitted.

  (4) Where a social welfare organization intends to place a child for adoption, certificates on the abandonment and discovery of the abandoned infant or child as well as the process of  searching for parents or other guardians of the infant or child shall be submitted; where the adoptee is an orphan, a certificate certifying the death or judicial declaration of death of the orphan's parents and a written consent from other persons having obligations to support the adoptee shall be submitted.

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

  Article 6  The civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government shall examine the credentials and certifying papers submitted by the person placing out a child for adoption, and issue public notice to look for parents for the abandoned infant or child whose parents cannot be ascertained or found; where the adoptee and the person placing out a child for adoption are believed to meet the requirements provided in the Adoption Law, a list of their names shall be notified to the chinese adoption organizations, and the following credentials and certifying papers shall be conveyed simultaneously:

  (1) Copies of the permanent residence booklet and the resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the copy of the identification card of the person in charge of the organization). 

  (2) Copies of certificates certifying that the adoptee is an abandoned infant or orphan, and the resident certificate, the report of growth conditions, the certificate of health examinations as well as photos of the adoptee.

  The public notice issued by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government for looking for the parents of the abandoned infant or child shall be published in a local newspaper at the province level. Where no parents or other guardians acknowledge the abandoned infant or child within 60 days after the publication of the public notice, it shall be regarded as abandoned infant or child whose parents can not be acertainedren or found.

  Article 7  A suitable foreign adoptee, who is among the adoptees recommended by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government and meets the requirements provided in the Adoption Law, shall be selected by chinese adoption organizations after having examined the adoption application and relevant certificates submitted by a foreign adopter and by referring to the desire of the foreign adopter, and the information about the adoptee and the person placing out the child for adoption shall also be sent to the foreign adopter through foreign governments or foreign adoption organizations. Where the adoption is agreed to by the foreign adopter, a notice to come to China for adoption of the child shall be sent to him or her by chinese adoption organizations, and simultaneously, the relevant civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government shall be informed to send the person placing out the child for adoption a notice that a consent has already been given to the adoption of the adoptee.

  Article 8   Foreigners attempting to adopt a child in China shall come to China for undergoing registration procedures in person. Where a foreign couple adopt a child jointly, they shall both come to China for undergoing registration procedures. Where one of the spouses cannot come for some reasons, the other shall be entrusted in written form to undergo such procedures independently, and the letter of entrustment shall be notarized and authenticated by competent angencies of the country in which they reside.

  Article 9  Foreigners attempting to adopt a child in China shall enter into a written adoption agreement with the person placing out the child for adoption. The agreement shall be in three copies, one is kept by the adopter, one is kept by the person placing out the child for adoption, and the third one is kept by the adoption registration organ while undergoing adoption registration procedures.

  After the conclusion of the written agreement, the parties concerned shall both register the adoption with the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government in which the adoptee's permanent registered residence lies.

  Article 10  When dealing with the registration for adoption, the parties concerned shall fill out a registration application in relation to an adoption of a child in China by a foreigner, submit the adoption agreement and provide relevant materials respectively.

  The adopter shall provide following materials:

  (1) the notice sent by chinese adoption organizations that they may come to China to adopt a child;

  (2) the adopter's identification certificates and photographs.

  The person placing out a child for adoption shall provide following materials:

  (1) the notice sent by civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People’s Government that a consent has already been given to the adoption of the adoptee;

  (2) the photographs, permanent residence booklet and resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the identification card of the person in charge of the organization).

  Article 11  After receiving the registration application in relation to an adoption of a child in China by a foreigner and relevant materials of the adopter, the adoptee and the person placing out the child for adoption, an examination shall be conducted within 7 days by the adoption registration organ. Where the requirements provided in Article 10 of these Measures are met, the adoption shall be registered, and an adoption registration certificate shall be issued. The adoptive relationship comes into existence as of the date of registration.

  The adoption registration organ shall inform chinese adoption organizations of the result of registration.

  Article 12  Where, after the adoption registration, a adoption notarization is demanded by both parties or one party involved in the adoptive relationship, the adoption shall be notarized by a notarial agency with the qualification of handling foreign-related notarization which lies in the locus where the adoption is registered.

  Article 13  Before the adoptee leaves China, the adopter shall, on the basis of the certificate of adoption registration, go through exit formalities for the adoptee with the public security organ in the locus where the adoption is registered.

  Article 14  Foreigners attempting to adopt a child in China shall pay for the registration to the registration organs. The standard of registration fee shall be implemented in accordance with  relevant provisions provided by the State.

  Chinese adoption organizations are non-profit public welfare institutions that provide adoptive services to foreigners and may charge service fees.The standard of service fees shall be implemented in accordance with relevant provisions provided by the State.

  The State encourages foreign adopters and foreign adoption organizations to make donations to the social welfare organizations in China in order to bring up abandoned infants and children there. The social welfare organization receiving donations must use all the donations to improve nurturing conditions for abandoned infants and children and may not misuse the donations for other purposes, and shall inform the donors of the use of the donations. The social welfare institutions receiving donations shall also subject themselves to the supervision of relevant departments and make the use of the donations known to the public.

  Article 15  The activities of chinese adoption organizations shall be subject to the supervision of the Ministry of civil affairs of the State Council.

  Article 16  These Measures shall come into effect as of the date of promulgation. The Implementation Measures on the Adoption of Children by Foreigners in the People's Republic of China approved by the State Council on November 3, 1993 and promulgated by the Ministry of Justice and the Ministry of Civil Affairs on November 10, 1993, shall be repealed simultaneously.

  

 
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