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China Center of Adoption Affairs (CCAA) requires that foreign adopters, when bringing the adopted children to their country after the conclusion of adoption registration procedure, should go through naturalization process in time, and forward a copy of the citizenship certificate to CCAA with the required post-placement reports. The main reasons for this requirement are as follows:
¢ñ.The adopted child to be granted the citizenship of the receiving state is in accordance with the spirits of relevant international conventions.
In accordance with the Convention on Protection of Children and Co-Operation in Respect of Inter-Country Adoption (hereafter referred to as Hague Convention), inter-country adoption should take place in the best interests of the child and with respect for his or her fundamental rights. Hague Convention also provides that in cases of complete adoption, the children adopted internationally are entitled to the same rights as those adopted domestically.¡±
Guide to Good Practice under the Hague Convention points out that: the primary principle in treating the issue of nationality of the adopted children is ¡°to avoid a situation in which the child become stateless¡± and ¡°acquisition of the nationality of the receiving state will help facilitate the integration of the children into the adoptive family.¡±
Article 11(1) of the European Convention on the Adoption of Children provides that ¡°where the adopted child does not have, in the case of an adoption by one person, the same nationality as the adopter, or in the case of an adoption by a married couple, their common nationality, the Contracting Party of which the adopter or adopters are nationals shall facilitate acquisition of its nationality by the child.¡±
¢ò£®It is required by Chinese law for the adopted child to be granted citizenship of the receiving state.
The Adoption Law of People¡¯s Republic of China provides that ¡°adoption should take place in favor of the caring and growth of the minor adopted.¡± In order to show the government¡¯s concern and responsibility over the protection of adopted Chinese children, China has made the acquisition of the nationality of the receiving state a precondition for inter-country adoption to all the countries which have cooperation with China, including contracting as well as non-contracting states of the Hague Convention. It is a fundamental and necessary guarantee for the adopted to be granted citizenship so that the adopted will be entitled to the civil rights and welfare treatment after they grow into adulthood.
¢ó.It is fundamental for the adopted to be granted the citizenship of the receiving state to ensure their best interests and basic rights.
It is fundamental for the adopted to be granted citizenship of the receiving state so that he or she is entitled to the civil rights of social welfare, medical insurance, education and employment, etc. In the development of the adopted child, if accidents take place in the family, which leads to the loss of the guardian, the adopted child¡¯s civil rights such as the right to inherit may be affected because of the citizenship issue. These children who are adopted by foreign citizens but still retain their Chinese citizenship will not get the protection of Chinese government after losing their parents, and it may happen that they are abandoned because they are stateless.
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