Measures for Registration for the Adoption of Children by Chinese Citizens
Date of Post£ºDecember 7, 2005 Source:CCAA
(The Measures were approved by the State Council on May 2, 1999 and promulgated by Order No. 15 of the Ministry of Civil Affairs on May 25, 1999. The Measures take effect at promulgation)

Article 1
These Measures are formulated in accordance with the Adoption Law of the People¡¯s Republic of China, hereinafter referred to as ¡°Adoption Law¡± for the purpose of regulating the practice of adoption registration.

Article 2
Chinese citizens establishing or terminating an adoption relationship within the territory of the People¡¯s Republic of China shall register their adoptions in accordance to these Measures. The registration authorities will be the county level civil affairs offices.

Article 3
If the adopted children are living in social welfare institutes and are either infants/children whose parents cannot be ascertained or found, or orphans bereaved of parents, the adoptions shall be registered at the registration offices where the social welfare institutes are located.

If the adopted children are not living in social welfare institutes and are either infants/children whose parents can not be ascertained or found, or orphans bereaved of parents, the adoptions shall be registered at the registration offices where the infants/children are found.

If biological parents place their children for adoption due to unusual difficulties, or if the children are under the custody of guardians, the adoptions shall be registered at the offices where the parents or guardians permanently reside (If the guardians are organizations, the locations of the organizations apply).

If the adopted children are collateral relatives of the adopters by blood of the same generation and up to the third degree of kinship, or the adopt parents are either step fathers or mothers, the adoptions shall be registered at the registration offices where the biological fathers or mothers live.

Article 4
Both parties of the adoption shall be present at the registration office so as to complete the adoption registration.

If the adopters are married, both shall be present. If one spouse cannot be present, due to legitimate reasons, a power of attorney is required from the absent spouse. The power of attorney shall be notarized by a country/city neighborhood committee.

Article 5
The adopters shall present at the registration office with a petition and the following verifying documents:
¡¡¡¡1. Registration Card for Residence and Identity Card for Residence of the adopters;
¡¡¡¡2. Documents from employers, or country/city neighborhood committees verifying marriage status, status of children, able to demonstrate the ability to rear and educate the adoptee; and
¡¡¡¡3. Documents from the county level (or up) verifying no medical condition that hinders the adoption;

To adopt abandoned infants/children who are living in the institutes, the adopters need to also submit information regarding the status of their fertility, provided by the family planning committee where the adopters reside regularly. If the adopted children are not living in the social welfare institutes and they are either infants/children whose parents can not be ascertained or found, or orphans bereaved of parents, the adopters will need to provide the following in addition to above:
¡¡¡¡1. Childless Proof, issued by the family committee where the adopters regularly reside; and
¡¡¡¡2. Finding information regarding the abandoned infants/children provided by the police.

To adopt step children, Registration Cards for Residence and Identity Cards for Residence of the adopters and the marriage certificate the adopters and biological parents of the adoptees will be sufficient.

Article 6
People or organizations placing children for adoption shall submit to the registration office the following verifying documents:

1. Registration Cards for Residence and Identity Cards for Residence of the people who place children for adoption (if an organization is placing a child for adoption, the Identifying Card for Residence of the organization¡¯s chief staff member will suffice.)
¡¡¡¡2. Written permission from the person who has the rearing obligation of the child, if such permission is required by the Adoption Law.

If a social welfare institute places a child, the institute shall provide an original record stating when the abandoned infant/child entered the institute, a certificate from the public security office, verifying finding of the child, finding report, or the death certificate or announcement of orphans whose parent died.

If the guardians place children for adoption, the guardians need to submit verification of actual conduct that demonstrates a history conducive of their attempts to fulfill the responsibilities as guardians; death certificate or announcement of the biological parents; or proof that the adoptees¡¯ parents are legally incompetent or may severely harm the adoptees.

If the biological parents place their children for adoption, the parents shall submit the agreements between the parents and the local family planning committees, agreeing to not violate the national family planning regulations. If the reason for placing their children for adoption is unusual difficulties rearing the children, the parents shall provide documents verifying the difficulties from their employers, or country/city neighborhood committees. Among those, if the reason is one of the parents passing away or missing, the spouses need to provide documents verifying that the other parent is deceased or missing. If children are adopted by relatives of the adopters by blood of the same generation and up to the third degree of kinship, the biological parents shall also provide documents verifying the kinship from the public security offices or notary offices.

If the adopted children have special needs, documents verifying the specific special needs from a county level (or up) shall be submitted.

Article 7
The registration offices shall process the registrations within 30 days, beginning the day after they receive an application and all supporting documentation. The registration offices then shall issue adoption decrees, providing the applicants satisfy the requirements of the Adoption Law. The registration offices will notify applicants should their application be denied. The relationship of adoption is established on the day of registration.

The registration offices shall post public announcements in an attempt to locate the biological parents, if the biological parents cannot be ascertained or found, prior to the registration. If the biological parents or guardians fail to come forth within 60 days to claim the children, the children will be deemed abandoned. The dates of posting will not be calculated toward the dates of the registration process.

Article 8
After they establish an adoption relationship, the adopters need to present the adoption decrees to the residence registration offices in order to apply for the Registration Cards for Residence for the children or apply for the transferring of the Registration Cards for Residence to new addresses.

Article 9
If the parties in an adoption relationship agree to terminate their adoption relationship, both parties need to be present in person in order to submit their Registration Cards for Residence, Identification Cards for Residence, adoption decrees, written termination of adoption to the adoption registration office where the adoptee has regular residency.

Article 10
The registration offices shall process terminations of adoptions within 30 days, beginning the day after they receive the request/application and all required supporting documentation. The offices will then terminate the relationship, retrace the adoption decrees, and issue certificates for determination of adoption, providing the termination requests satisfy the regulations of the Adoption Law.

Article 11
Organizations that provide verifying documents shall provide the documents truthfully. If false documents are provide by the organizations, the documents shall be confiscated. The registration offices can, therefore, suggest that the organizations and/or those involved receive administrative or disciplinary punishments.

Article 12
If the parties to the adoption relationship intentionally forge their documents so as to obtain the adoption decree, the adoption shall be invalid. The adoption registration offices shall null the adoption registration and confiscate the adoption decree.

Article 13
The templates of the adoption decree and certificate of termination of adoption will be designed by the Ministry of Civil Affairs of the State Council.

Article 14
The jurisdiction of the registration offices and required verifying documents for Overseas Chinese citizens or Chinese citizens that live in regions of Hong Kong, Macao and Taiwan, who are adopting from the Mainland China, are regulated by the relevant rules of the Ministry of Civil Affairs of the State Council.

Article 15
These Measures shall take effect as of the date of promulgation.