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15 July 2015

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Guide on Adoption Registration for Foreigners

Firstly, If foreigners apply for child adoption in China, they should come to China in person to undergo the registration formalities. If a foreign couple intends to adopt a child jointly, they should come to China together and go through the adoption formalities; when one of the spouses cannot come to China for some reasons, the other spouse should be authorized in a written form, and the power of attorney shall be notarized and authenticated by their home country.


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.


Requirements:

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.


Application materials:

adoption application (adoption agreement);

duplicate copies of residence booklet, passport (laissez-passer), 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.


Procedures:

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 Descendants, or Chinese Residing in Hong Kong, Macau or Taiwan Region.