Number of Required On-site Visits: 2

Statutory Processing Deadline: 7 working days

Committed Processing Deadline: 7 working days

Basic Information

Service User: Individual

Responsible Department: Department of Civil Affairs of Hunan Province

Fee: None

Quantity Limit: No limit

Offline Service Scope: Nationwide

Online Service Capability: Level 4 (Standard)

Reason for In-Person Requirement: Articles 8 and 9 of the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China stipulate that after receiving the notice that they may come to China to adopt a child, foreign adopter(s) shall come to China with the original notice in person. Foreigners intending to adopt a child in China shall register the adoption with the civil affairs department of the provincial government in which the adoptee's permanent registered residence lies, and shall enter into a written adoption agreement with the person placing out the child for adoption. If a foreign couple adopt a child jointly, they shall both come to China to undergo adoption formalities, and if either spouse is unable to come to China for any reason, the spouse shall issue a power of attorney in written form to the other spouse. The power of attorney shall be notarized and authenticated by the relevant authorities in the country where the couple is located. The adoption registration shall not be completed until the foreign adopter(s) and the adoptee have undergone a 24-hour bonding period together.

Note on Statutory Processing Deadline: As prescribed in Article 11 of the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China (Order No. 15 of the Ministry of Civil Affairs).

Note on Committed Processing Deadline: As prescribed in Article 11 of the Measures for the Registration of Adoption of Children by Foreigners in the People's Republic of China (Order No. 15 of the Ministry of Civil Affairs).

Service Modes: In-Person and Online

Address: Room 900, Building 1, Department of Civil Affairs of Hunan Province, No. 276, Dongfeng Road, Kaifu District, Changsha City, Hunan (湖南省长沙市开福区东风路276号湖南省民政厅1办900室)

Office Hours: Working days, Summer (July 1 - September 30): 8:00 - 12:00, 15:00 - 18:00; Winter (October 1 - June 30): 8:00 - 12:00, 14:30 - 17:30

Telephone: +86 731 84502310

Supervision and Complaints: +86 731 84502001

Notification and Commitment System for Certification Matters: No

Notification and Commitment System for Enterprise Matters: No

Acceptance Conditions

The foreign adopter(s) can submit a registration application to the provincial adoption registration organ upon receiving the notice sent by Chinese adoption organizations that they may come to China to adopt a child.

Required Materials

Materials provided by foreign adopters: (1) the notice sent by Chinese adoption organizations that they may come to China to adopt a child; (2) the adopter's ID documents and photos; (3) group photos with the adoptee.

Source: Government-issued

Material Type: Originals and copies

Material Format: Paper or electronic form (1 copy)

Submission Method: Online

Acceptance Criteria: All materials must be authentic, legal, and valid.

Instructions for Applicants: All materials must be authentic, legal, and valid.

Materials provided by the person placing out a child for adoption and the adoptee: household registration booklet, ID cards, and Photos.

Source: Government-issued

Material Type: Originals and copies

Material Format: Paper or electronic form (1 copy)

Submission Method: Online

Acceptance Criteria: All materials must be authentic, legal, and valid.

Instructions for Applicants: All materials must be authentic, legal, and valid.

Fee Items：Free of Charge

Flowchart

Process Description:

(I) Acceptance: 1. The foreign adopter(s) applies to the provincial adoption registration organ with the notice to come to China for adoption of the child by Chinese adoption organizations; 2. The adoption registration organ accepts the adopter's application. If the submitted materials are incomplete or do not conform to the statutory form, the registration organ shall notify the applicant of all supplementary documents required at one time within 1 working day; if the application materials are complete and conform to the statutory form, the adopter and the adoptee shall undergo a bonding period, after which they will proceed to the next stage.

(II) Completion: 1. Both parties shall fill out a registration application, sign a written adoption agreement, and provide identity documents and relevant materials for the adoption registration organ on-site; 2. The adoption registration organ issues the adoption registration certificate, conducts a final review of all relevant materials, and closes the case for archiving.

Processing Procedure

Special Procedures

Type: None

Time Limit: No

More Information

Legal Basis

[Law] Article 1109 of the Civil Code of the People's Republic of China (Order No. 45 of the President of the People's Republic of China) [Foreign-related Adoption] 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.

[Administrative Regulation] Article 5 of the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China (Order No. 15 of the Ministry of Civil Affairs) Such certifying papers as the permanent resident booklet, the resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the identification card of the person in charge of such organization) and a resident certificate of the adoptee shall be submitted to a civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People's Government by the person placing out the child, and the following certifying papers shall also be submitted according to respective situations:

(1) Where the parents (including those who have divorced) intend to place out their child for adoption, a certificate on their incapability of upbringing owing to unusual difficulties and a written consent agreeing to place out the child for adoption shall be submitted; thereinto, where one of the parents intends to place out a child for adoption while the other spouse has died or has been missing, a certificate certifying that the other spouse has died or has been missing and a written paper declaring that the parents of the deceased or missing spouse have given up the priority in rearing the child shall also been submitted.

(2) Where a guardian intends to place out a child for adoption for the reason that the adoptee's parents do not have 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 owns the guardianship shall be submitted.

(3) Where a guardian intends to place out a child for adoption for the reason that both of the adoptee's parents had died, certificates certifying that the adoptee's parents have died and the guardian assumes the obligations of guardianship virtually, as well as a written consent on the placement for adoption from the person who has obligations to support the adoptee shall be submitted.

(4) Where a social welfare organization intends to place a child for adoption, certificates on the abandonment and discovery of the abandoned infant or child as well as the process of searching for parents or other guardians of the infant or child shall be submitted; where the adoptee is an orphan, a certificate certifying the death or judicial declaration of death of the orphan's parents and a written consent from other persons having obligations to support the adoptee shall be submitted.

Where a disabled child is placed out for adoption, a certificate of disability of the child issued by a medical institution at or above the county level shall also be submitted.

Rights and Obligations

Applicant's Rights: Legally entitled to the right to information, the right to present statements, the right to defend oneself, and the right to apply for administrative reconsideration or file an administrative lawsuit according to law.

Applicant's Obligations: Shall truthfully submit relevant materials to the administrative agency and reflect the true situation, and shall bear liability for the authenticity of substantive information contained in the application materials.

Sample

Certificate of Intercountry Adoption of the People's Republic of China and Certificate of Conformity of Intercountry Adoption of the People's Republic of China

FAQ (Frequently Asked Questions)

1. How do foreigners intending to adopt a child in China register the adoption?

Articles 8, 10, and 11 of the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China set forth specific provisions on the procedures for adoption by foreigners, following the steps of the registration process.

(1) Foreigners intending to adopt a child in China shall come to China to undergo registration formalities in person. Adoption registration is a civil act that cannot be entrusted to a third party; therefore, no proxy representation is permitted. If a foreign couple adopt a child jointly, they shall both come to China to undergo adoption formalities.

(2) After arriving in China, foreign adopters shall enter into a written adoption agreement with the person placing out the child for adoption.

(3) The parties concerned shall jointly register the adoption with the civil affairs department of the provincial government in which the adoptee's permanent registered residence lies.

(4) When dealing with the registration for adoption, the parties concerned shall fill out a registration application in relation to an adoption of a child in China by a foreigner. Foreign adopters shall provide the registration organ with the notice sent by Chinese adoption organizations that they may come to China to adopt a child, the adopter's ID documents and photos; the person placing out a child for adoption shall provide the notice sent by civil affairs department of the provincial government that a consent has already been given to the adoption of the adoptee, household registration booklet and resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the identification card of the person in charge of the organization), and photos of the adoptee. Both parties shall also truthfully answer relevant inquiries from the registration personnel.

(5) After receiving the notice to come to China for adoption of the child by a foreigner and relevant materials of the adopter, the adoptee and the person placing out the child for adoption, an examination shall be conducted within 5 days by the registration organ. Where the requirements provided in Article 10 of the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China are met, the adoption shall be registered, and an adoption registration certificate shall be issued.

2. What is the Chinese adoption organization, and what are its main responsibilities in the foreign-related adoption?

The China adoption organization refers to the China Center for Adoption Affairs, approved by the Chinese government in December 1995 and formally established under the Ministry of Civil Affairs in June 1996. Entrusted by the Chinese government, the center specializes in the foreign-related adoption, responsible for reviewing the adoption applications and relevant supporting documents of foreign adopters in the adoption, recommending Chinese children to them, and handling external liaison and coordination services for the adoption.

3. What responsibilities does the civil affairs department of the provincial people's government undertake in the foreign-related adoption?

According to the Civil Code of the People's Republic of China and the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China, the civil affairs department of the provincial people's government is the statutory registration organ for the foreign-related adoption. It is specifically responsible for examining the eligibility of the Chinese party in foreign-related adoption, accepting intercountry adoption applications from both Chinese and foreign parties, and processing foreign-related adoption registrations.

4. What principles must foreigners follow when adopting a child in China?

(1) Foreigners must observe the principle established by adoption law that adoption shall be in the interest of the upbringing and growth of the adopted minors. This principle is also a requirement of the international conventions on intercountry adoption, proceeding from the perspective of protecting the best interests of the children.

(2) Foreign adopters must meet the conditions for adopters stipulated by China's adoption law.

(3) Foreign adopters must comply with the adoption procedural provisions of the Civil Code of the People's Republic of China and the Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China.

(4) Comply with the principles and provisions of international conventions on intercountry adoption, which provide that intercountry adoption applies to the creation of a permanent parent-child relationship.

Chinese source: zwfw-new.hunan.gov.cn