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




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