Webmasters Note: This text was copied from the China Center for Adoption Affairs website. This document contains the revised law passed in 1998, the original law passed in 1992 and the Regulations on implementation of the 1992 law that were released in 1993.
Order of the President of
The Resolution on the Amendments to the Adoption law of the People's Republic of China by the Standing Committee of the National People's Congress was adopted by the Fifth Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on November 4, 1998 and shall come into force as of April 1, 1999.
¡¡ ADOPTION LAW OF THE PEOPLE'S
Contents
General Provisions Article 1 This Law is enacted to protect the lawful adoptive relationship and to safeguard the rights of parties involved in the adoptive relationship. Article 2 Adoption shall be in the interest of the upbringing and growth of adopted minors and in the protection of the legitimate rights of the adoptee and the adopter, in conformity with the principle of equality and voluntariness, and not in contravention of social morality. Article 3 Adoption shall not contravene laws and regulations on family planning. The Establishment of adoptive relationship Article 4 Minors
under the age of 14, as enumerated below, may be adopted.
Article 5 The following citizens
or institutions are entitled to place out children for adoption:
Article 6 Adopters
shall meet simultaneously the following requirements;
Article 7 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 confined to the restrictions specified in Item (3), Article 4; Item (3), Article 5; and Article 9 of this law as well as the restriction of a minor under the age of 14. 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, may even be not subject to the adopter childless status. Article 8 The
adopter may adopt one child only, male or female.
Article 9 Where a male person without spouse adopts a female child, the age difference between the adopter and adoptee shall be no less than 40 years. Article 10 Where the parents intend to place out their child for adoption, they must act in concert. If one parent cannot be ascertained or found, the other parent may place out the child for adoption alone. Where a person with spouse adopts a child, the husband and wife must adopt the child in concert. Article 11 Adoption of a child and the placing out of the child for the adoption shall both take place on a voluntary basis. Where the adoption involves a minor aged 10 or more, the consent of the adoptee shall be obtained. Article 12 If the parents of a minor are both persons without full civil capacity, the guardian(s) of the minor may not place out him(her) for adoption, except when the parents may do serious harm to the minor. Article 13 Where a guardian intends to place out an orphaned minor for adoption, the guardian must obtain the consent of the person who has obligations to support the orphan. Where the person who has obligations to support the orphan disagrees to have the orphan adopted, and the guardian is unwilling to continue the performance of his guardianship, it is necessary to change the guardian in accordance with the General Principles of the Civil Law of the People's Republic of China. Article 14 A step-father or step-mother may, with the consent of the parents of the step-son or step-daughter, adopt the step-son or step-daughter, and such adoption may be free from the restrictions specified in Item(3), Article 4; Item (3), Article 5 and Article 6 of this law, as well as from the restriction that the adoptee must be under the age of 14 and the adopter may adopt one child only. Article 15 Adoption shall be registered at the department of civil affairs of the people's government above county level. The adoptive relationship comes into force on the date of its registration. The department of civil affairs in charge of registration shall, prior to the registration, make an announcement in the adoption of abandoned infants and children whose biological parents can not be ascertained or found. Should the parties involved in the adoptive relationship wish to conclude an adoption agreement, a written agreement on adoption shall be concluded. Should the parties or one of the parties involved in the adoptive relationship wish that the adoption be notarized, the adoption shall be notarized. Article 16 After the establishment of adoptive relationship, the public security organ shall, in accordance with the relevant rules and regulations of the State, carry out registration of residence for the adoptee. Article 17 Orphans or children whose parents are unable to rear them may be supported by relatives or friends of their parents. The adoptive relationship shall not apply to the relationship between the supporter and the supported. Article 18 Where a spouse places out a minor child for adoption after the death of the other spouse, the parents of the deceased shall have the priority in rearing the child. Article 19 The parents of a child adopted by others may not bear any more child in violation of the regulations on family planning on the ground of having placed out their child for adoption. Article 20 It is strictly forbidden to buy or sell a child or to do so under the cloak of adoption. Article 21 A foreigner may, in accordance with this law, adopt a child (male or female) in the People's Republic of China. When a foreigner adopts a child in the People's Republic of China, his or her adoption shall be examined and approved by the responsible agency of the adopter's resident country in accordance with the country's law. The adopter shall submit papers certifying such particulars of the adopter as age, marital status, profession, property, health, and whether subjected once to criminal punishment, which are provided by the authoritative agency of his or her resident country. Such certifying papers shall be authenticated by the department of foreign affairs of the country of his or her residence, agency authorized by the department of foreign affairs and by the Embassy or Consulate of the People's Republic of China in the country concerned. The adopter shall conclude a written agreement with the person placing out the child for adoption and register in person with the department of civil affairs of the people's government at the provincial level. Should the parties or one of the parties involved in the adoptive relationship request to carry out notarization, they shall go to a designated notary agency qualified for foreign-related notarization authorized by the judicial administration department of the State Council for adoptive notarization. Article 22 When the adopter and the person placing out the child for adoption wish to make a secret of the adoption, others shall respect their wish and shall not make a disclosure thereof. Validity of Adoption Article 23 As of the date of establishment of the adoptive relationship, the legal provisions governing the relationship between parents and children shall apply to the rights and duties in the relationship between adoptive parents and adopted children; the legal provisions governing the relationship between children and close relatives of their parents shall apply to the rights and duties in the relationship between adopted children and close relatives of the adoptive parents. The rights and duties in the relationship between an adopted child and his or her parents and other close relatives shall terminate with the establishment of the adoptive relationship. Article 24 An adopted child may adopt his or her adoptive father's or adoptive mother's surname, and may also retain his or her original surname, if so agreed through consultation between the parents concerned. Article 25 Any act of adoption contravening the provisions of Article 55 of the General Principles of the Civil Law of the People's Republic of China and those of this law shall be of no legal validity. Any act of adoption ruled to be invalid by a people's court shall be of no legal validity from the very start of the act. Termination of the Adoptive Relationship Article 26 No adopter may terminate the adoptive relationship before the adoptee comes of age, except when the adopter and the person having placed out the child for the adoption agree to terminate such relationship. If the adopted child involved reaches the age of 10 or more, his or her consent shall be obtained. Where an adopter fails to perform the duty of rearing the adoptee or commits maltreatment, abandonment, or other acts of encroachment upon the lawful rights of the minor adopted child, the person having placed out the child for adoption has the right to demand the termination of the adoptive relationship. Where the adopter and the person having placed out the child for adoption fail to reach an agreement thereon, a suit may be brought in a people's court. Article 27 Where the relationship between the adoptive parents and an adult adopted child deteriorates to such a degree that their living together in a same household becomes impossible, they may terminate their adoptive relationship by agreement. In the absence of an agreement, they may bring a suit in a people's court. Article 28 When reaching an agreement on the termination of the adoptive relationship, the parties involved shall complete the procedure for registering the termination of the adoptive relationship at a department of civil affairs. Article 29 Upon the termination of an adoptive relationship, the rights and duties in the relationship between an adopted child and his or her adoptive parents and their close relatives shall also terminate, and the rights and duties in the relationship between the child and his or her parents and their close relatives shall be restored automatically. However, with respect to the rights and duties in the relationship between an adult adopted child and his or her parents and their close relatives, it may be decided through consultation as to whether to restore them. Article 30 Upon termination of an adoptive relationship, an adult adopted child who has been reared by the adoptive parents shall provide an amount of money to support the adoptive parents who have lost ability to work and are short of any source of income. If the adoptive relationship is terminated on account of the maltreatment or desertion of the adoptive parents by the grown-up adopted child, the adoptive parents may demand a compensation from the adopted child for the living and education expenses paid during the period of adoption. If the parents of an adopted child request the termination of the adoptive relationship, the adoptive parents may demand an appropriate compensation from the parents for the living and education expenses paid during the period of adoption, except if the adoptive relationship is terminated on account of the maltreatment or desertion of the adoption of the adopted child by the adoptive parents. Legal Responsibility Article 31 Whoever abducts and trafficks in a child under the cloak of adoption shall be investigated for criminal responsibility in accordance with law. Whoever abandons an infant shall be imposed upon a fine by the public security organ; if the cricumstances constitute a crime, the offender shall be investigated for criminal responsibility in accordance with law. Whoever sells his or her own child shall be imposed a fine with his or her illegal proceeds confiscated by the public security organ; if the circumstances constitute a crime, the offender shall be investigated for criminal responsibility in accordance with law. Supplementary Provisions Article 32 The people's congress and its standing committee in a national autonomous area may, on the basis of the principles of this Law and in the light of the local conditions, formulate adaptive or supplementary provisions. The relevant regulations of a national autonomous region shall be submitted to the Standing Committee of the National People's Congress for the record. The relevant regulations of an autonomous prefecture or autonomous county shall be submitted to the standing committee of the provincial or autonomous region's people's congress for approval before coming into force, and shall also be submitted to the Standing Committee of the National People's Congress for the record. Article 33 The State Council may, in accordance with this law, formulate measures for its implementation. Article 34 This Law shall enter into force on April 1, 1992. Note: The English translation has not been examined and approved by the legislative body and can not be used as basis for law enforcement and public prosecution. Therefore it is for your reference only. ADOPTION LAW OF THE PEOPLE'S REPUBLIC OF CHINA Order of the President of
¡¡ The Adoption Law of the People's Republic of China, adopted at the 23rd Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1991, is hereby promulgated and shall come into force as of April 1, 1992. ¡¡
ADOPTION LAW
OF THE PEOPLE'S
(Adopted at the 23rd Meeting of the Sanding Committee of the Seventh National People's Congress on December 29, 1991, promulgated by Order No.54 of the President of the People's Republic of China on December 29, 1991, and effective as of April 1, 1992) Contents Chapter I General Provisions
Chapter I
Article 1 This Law is enacted to protect the lawful adoptive relationship and to safeguard the rights of parties involved in the adoptive relationship. Article 2 Adoption shall be in the interest of the upbringing and growth of adopted minors, in conformity with the principle of equality and voluntariness, and not in contravention of social morality. Article 3 Adoption shall not contravene laws and regulations on family planning. Chapter II The Establishment of Adoptive Relationship Article 4 Minors
under the age of 14, as enumerated below, may be adopted.
Article 5 The following citizens
or institutions are entitled to place out children for adoption:
Article 6 Adopters shall meet
simultaneously the following requirements:
Article 7 Any childless citizen
who has reached the age of 35 may adopt a child belonging to a
collateral relative by blood of the same generation and up to the
third degree of kinship, irrespective of the restrictions specified in
Item (3), Article 4; Item (3), Article 5; and Article 9 of this Law as
well as the restriction of a minor under the age of 14.
Article 8 The adopter may adopt
one child only, male or female.
Article 9 Where a male person without spouse adopts a female child, the age difference between the adopte and the adoptee shall be no less than 40 years. Article 10 Where the parents
intend to place out their child for adoption, they must act in
concert. If one parent cannot be ascertained or found, the other
parent may place out the child for adoption alone.
Article 11 Adoption of a child and
the placing out of the child for the adoption shall both take place on
a voluntary basis.
Article 12 If the parents of a minor are both persons without full civil capacity, the guardian(s) of the minor may not place out him(her) for adoption, except when the parents may do serious harm to the minor. Article 13 Where a guardian intends to place out an orphaned minor for adoption, the guardian must obtain the consent of the person who has obligations to support the orphan. Where the person who has obligations to support the orphan disagrees to have the orphan adopted, and the guardian is unwilling to continue the performance of his guardianship, it is necessary to change the guardian in accordance with the General Principles of the Civil Law of the People's Republic of China. Article 14 A step-father or step-mother may, with the consent of the parents of the step-son or step-daughter, adopt the step-son or step-daughter, and such adoption may be free from the restrictions specified in Item (3), Article 4; Item (3), Article 5 and Article 6 of this Law, as well as from the restriction that the adoptee must be under the age of 14. Article 15 Whoever adopts an
abandoned infant or child whose parents cannot be ascertained or found
or an orphan in the care of a social welfare institution shall
register the adoption with a civil affairs department.
Article 16 Orphans or children
whose parents are unable to rear them may be supported by relatives or
friends of their parents.
Article 17 Where a spouse places out a minor child for adoption after the death of the other spouse, the parents of the deceased shall have the priority in rearing the child. Article 18 The parents of a child adopted by others may not bear any more child in violation of the regulations on family planning on the ground of having placed out their child for adoption. Article 19 It is strictly forbidden to buy or sell a child or to do so under the cloak of adoption. Article 20 A foreigner may, in
accordance with this Law, adopt a child (male or female) in the
People's Republic of China.
Article 21 When the adopter and the person placing out the child for adoption wish to make a secret of the adoption, others shall respect their wish and shall not make a disclosure thereof. Chapter III Validity of Adoption Article 22 As of the date of
establishment of the adoptive relationship, the legal provisions
governing the relationship between parents and children shall apply to
the rights and duties in the relationship between adoptive parents and
adopted children; the legal provisions governing the relationship
between children and close relatives of their parents shall apply to
the rights and duties in the relationship between adopted children and
close relatives of the adoptive parents.
Article 23 An adopted child may adopt his or her adoptive father's or adoptive mother's surname, and may also retain his or her original surname, if so agreed through consultation between the parties concerned. Article 24 Any act of adoption
contravening the provisions of Article 55 of the General Principles of
the Civil Law of the People's Republic of China and those of this Law
shall be of no legal validity.
Chapter IV Termination of the Adoptive Relationship Article 25 No adopter may
terminate the adoptive relationship before the adoptee comes of age,
except when the adopter and the person having placed out the child for
the adoption agree to terminate such relationship. If the adopted
child involved reaches the age of 10 or more, his or her consent shall
be obtained.
Article 26 Where the relationship between the adoptive parents and an adult adopted child deteriorates to such a degree that their living together in a same household becomes impossible, they may terminate their adoptive relationship by agreement. In the absence of an agreement, they may bring a suit in a people's court. Article 27 To terminate an adoptive relationship, the parties concerned shall conclude a written agreement. Where the adoptive relationship was established through registration with a civil affairs department, the parties shall complete the procedure for registering the termination of the adoptive relationship at a civil affairs department. Where the adoptive relationship was notarized,the parties shall have the termination of the adoptive relationship also notarized at a notarial agency. Article 28 Upon the termination of an adoptive relationship, the rights and duties in the relationship between an adopted child and his or her adoptive parents and their close relatives shall also terminate, and the rights and duties in the relationship between the child and his or her parents and their close relatives shall be restored automatically. However, with respect to the rights and duties in the relationship between an adult adopted child and his or her parents and their close relatives, it may be decided through consultation as to whether to restore them. Article 29 Upon termination of an
adoptive relationship, an adult adopted child who has been reared by
the adoptive parents shall provide an amount of money to support the
adoptive parents who have lost ability to work and are short of any
source of income. If the adoptive relationship is terminated on
account of the maltreatment or desertion of the adoptive parents by
the grown-up adopted child, the adoptive parents may demand a
compensation from the adopted child for the living and education
expenses paid during the period of adoption.
Chapter IV Legal Responsibility Article 30 Whoever abducts and
trafficks in a child under the cloak of adoption shall be investigated
for criminal responsibility in accordance with the Decision of the
Standing Committee of the National People's Congress Regarding the
Severe Punishment of Criminals Who Abduct and Traffick in or Kidnap
Women or Children.
Chapter VI Supplementary Provisions Article 31 The people's congress and
its standing committee in a national autonomous area may, on the basis
of the principles of this Law and in the light of the local
conditions, formulate adaptive or supplementary provisions.
Article 32 The State Council may, in accordance with this law,formulate measures for its implementation. Article 33 This Law shall enter into force on April 1, 1992. (In case of discrepancy between the English
translation and the
IMPLEMENTATION MEASURES ON
THE ADOPTION OF CHILDREN BY
Order of the Ministry of Justice and
No.28 Implementation Measures on the Adoption of
Children by
Minister of Justice
Xiao Yang
IMPLEMENTATION MEASURES ON THE ADOPTION OF
CHILDREN BY
Article 1 These implementation measures are formulated in accordance with the Adoption Law of the People's Republic of China (hereinafter referred to as Adoption Law). Article 2 These measures are
applicable to the adoption of Chinese citizens' children by foreigners
in the territory of the People's Republic of China (hereinafter
referred to as in China).
Article 3 The adoption of children
by foreigners in China should be conducted in conformity with the
articles in the Adoption Law and should not be in violation of the law
of the adopter's country of constant residence.
Article 4 When a foreigner adopts
a child in China, he should request his government or the adoption
agency entrusted by his country government to convey an adoption
application and submit the family situation report and certificates to
the adoption agency entrusted by the Chinese Government.
Article 5 The Chinese adoption organization, after receiving the application report and relevant certificates submitted by a foreign government or its entrusted adoption organization, may assist the adopter in seeking the prospective adoptee if it regards the act in conformity with the Adoption Law.¡¡ Article 6 In addition to the
provision of his residence identity card, residence booklet (the
identity card of the responsible person should be submitted if the
social welfare institution serves as the one who place out the child
for adoption), and the certificates of the situation of the adoptee,
the person placing out the child for adoption should submit the
following certifying materials:
Article 7 When the adoption agency in China considers the person placing out the child for adoption is in keeping with the articles of the Adoption Law, the family situation reports of the person placing out the child for adoption and the adoptee should be sent to the foreign government or its entrusted adoption orgnization concerned and a notice of coming to China for adoption of the child should be sent to the adopter. Article 8 The foreign adopter after confirming the
adoptee, should reach a written agreement with the person placing out
the child for adoption.
Article 9 During adoption
registration, the adopter and the person placing out the child for
adoption should respectively provide relevant materials.
Article 10 The adoption registration agency, after its review, should register the adoption and issue an adoption registration certificate within three days after receiving the adoption registration application which is in keeping with Article 9 of these measures. Article 11 After the registration of the adoption, parties involved in the adoptive relationship should handle the adoption notarization in person at the notary office of the place where the adoption regisration agency is located. Article 12 In the process of the
notarization of the adoption, the adopter and the person placing out
the child for adoption should provide the following materials:
Article 13 The notary office, if regarding the act in keeping with article 12 of these measures, should notarize the adoption within three days after receiving the adoption notarization application and inform the Chinese adoption organization. Article 14 Before the adoptee departs China, the adopter should undergo exit procedures at the public security department in the adoptee's residential area with the adoption registration certificate and the notary certificate. Article 15 The Chinese adoption organization should keep the case file of the parties involved in the adoptive relationship in proper care. Article 16 The Chinese adoption organization is subject to the supervision of the judicial administrative department and the civil administration department of the State Council. Article 17 A foreign adopter who
adopts a child in China should pay the registration fee and the
notarization fee respectively to the registration department and
notary office. The charging standards and management means of the
registration fee and the notarization fee are implemented in
accordance with the regulations of the state price administration
department and the Ministry of Finance.
Article 18 These measures come into force on the date of its promulgation. |
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