Contents involved: Registration of adoption of children by foreigners in the People's Republic of China.

Applicable objects: parties involved in a foreign-related adoption relationship.

1. Legal Basis

(1) Article 1109 of the Civil Code of the People's Republic of China:

A foreigner may, in accordance with the law, adopt a child in the People's Republic of China. The adoption by a foreigner of a child in the People's Republic of China shall be subject to examination and approval by the competent authorities of the country, in which the foreigner is domiciled, in accordance with the law of that country. The adopter shall provide the papers, as issued by the competent authorities of the country in which the adopter is domiciled, that certify his or her particulars such as age, marital status, profession, property, health and whether ever subjected to criminal punishment. The adopter shall sign a written agreement with the person who places out the child for adoption, and register in person the adoption with the civil affairs department of the people's government of a province, autonomous region, or municipality directly under the Central Government. The certifying papers as mentioned in the preceding paragraph shall be subject to the authentication by the foreign affairs organ of the country in which the adopter is domiciled or by an agency authorized by the said organ, and the authentication by the embassy or consulate of the People's Republic of China stationed in that country, except as otherwise provided by the state.

(2) Article 5 of Measures for Registration of Adoption of Children by Foreigners in the People's Republic of China:

The person placing out a child for adoption shall submit to the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government his or her residence booklet, resident identity card (where a social welfare institution places out a child for adoption, then the identity credential of the person in charge of such an institution shall be submitted), and residence certificate of the adoptee, etc., and shall submit the following certifying papers according to different situations:

(1) Where the biological parents (including divorced ones) are the persons who place out the adoptee for adoption, a certificate certifying 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 for adoption shall be submitted; among those, where 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 certifying that the other spouse has died or has been missing as well as a written declaration of the parents of the dead spouse or the spouse who has been missing on giving up the priority in rearing the child shall also be submitted;

(2) Where a guardian is the person who places out the adoptee for adoption because the adoptee's parents have no 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 has the right of guardianship shall be submitted;

(3) Where a guardian is the person who places out the adoptee for adoption because both of the adoptee's parents have died, a certificate certifying the death of the adoptee's biological parents, a certificate certifying 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;

(4) 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 certifying 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 unit at or above the county level shall also be submitted.

2. Application Requirements

(1) The adopter shall simultaneously meet the following requirements:
a. Having no children of their own;
b. Having the capability of raising and educating the adoptee;
c. Having no illnesses that are considered medically unfit for child adoptions; and,
d. Having reached the age of 30. Orphans, disabled children or abandoned infants and children, who are raised in 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. 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. 

(2) The person placing out a child for adoption shall meet the following conditions:
a. Guardians of orphans;
b. Social welfare institutions; and,
c. The biological parents are unable to raise their children due to special difficulties.

(3) The adoptee shall meet the following requirements:
a. Orphans who have lost their parents;
b. Abandoned infants and children whose biological parents cannot be found; and,
c. Children whose biological parents are unable to raise them due to special difficulties.

3. Application Materials

When registering adoption, the foreign adopters shall fill out a registration application form for adoption of children by foreigners in China and submit the adoption agreement, and shall provide the following materials:
(1) The notice of coming to China for adoption of a child issued by the Chinese adoption organization; and,
(2) The identity credentials and photos of the adopters.

4. Handling Authority

Child Welfare Division of the Civil Affairs Bureau of Yuhua District, Changsha City
Address: No. 592, Xiangzhang Road, Yuhua District, Changsha City [长沙市雨花区香樟路592号]
Office hours:
Monday to Friday (except statutory holidays) 
8:00-12:00; 15:00-18:00 (from July 1 to September 30) 
8:00-12:00; 14:30-17:30 (from October 1 to June 30 next year) 

5. Handling Process

Receiving - Finishing

6. Contact

Tel: 0731-84502310

Chinese source: Hunan One-step Approval Process Platform of Changsha Municipal People's Government official website

Updated on May 25, 2023