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15 July 2015

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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.


II. Reminders for the notarization of terminating adoptive relationship:

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.