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.
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