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Laws of the People's Republic of China |
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| Category | MARRIAGE AND FAMILY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1991-12-29 | Effective Date | 1992-04-01 |
|
ADOPTION LAW OF THE PEOPLE'S REPUBLIC OF CHINA |
|---|
Chapter I General Provisions
Chapter II Establishment of Adoptive Relationship
Chapter III Validity of Adoption
Chapter IV Termination of the Adoptive Relationship
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions Article 1 This Law is enacted to protect the lawful adoptive relationship Article 2 Adoption shall be in the interest of the upbringing and growth Article 3 Adoption shall not contravene laws and regulations on family Article 4 Minors under the age of 14, as enumerated below, may be (1) orphans bereaved of parents; (2) abandoned infants or children whose parents cannot be ascertained or (3) children whose parents are unable to rear them due to unusual Article 5 The following citizens or institutions shall be entitled to (1) guardians of an orphan; (2) social welfare institutions; or (3) parents unable to rear their children due to unusual difficulties. Article 6 Adopters shall meet simultaneously the following requirements: (1) childless; (2) capable of rearing and educating the adoptee; and (3) having reached the age of 35. Article 7 Any childless citizen who has reached the age of 35 may adopt An overseas Chinese, in adopting a child belonging to a collateral Article 8 The adopter may adopt one child only, male or female. Orphans or disabled children may be adopted irrespective of the Article 9 Where a male person without spouse adopts a female child, the Article 10 Where the parents intend to place out their child for Where a person with spouse adopts a child, the husband and wife must Article 11 Adoption of a child and the placing out of the child for the Where the adoption involves a minor aged 10 or more, the consent of the Article 12 If the parents of a minor are both persons without full civil Article 13 Where a guardian intends to place out an orphaned minor for Article 14 A stepfather or stepmother may, with the consent of the Article 15 Whoever adopts an abandoned infant or child whose parents Apart from the provisions of the preceding paragraph, a written agreement Article 16 Orphans or children whose parents are unable to rear them may The adoptive relationship shall not apply to the relationship between the Article 17 Where a spouse places out a minor child for adoption after Article 18 Persons having placed out a child for adoption may not bear Article 19 It is strictly forbidden to buy or sell a child or to do so Article 20 A foreigner may, in accordance with this Law, adopt a child With respect to the adoption by a foreigner in the People's Republic of Article 21 When the adopter and the person placing out the child for Article 22 As of the date of establishment of the adoptive relationship, The rights and duties in the relationship between an adopted child and Article 23 An adopted child may adopt his or her adoptive father's or Article 24 Any act of adoption contravening the provisions of Article 55 Any act of adoption ruled to be invalid by a people's court shall be of Article 25 No adopter may terminate the adoptive relationship before the Where an adopter fails to perform the duty of rearing the adoptee or Article 26 Where the relationship between the adoptive parents and an Article 27 To terminate an adoptive relationship, the parties concerned Article 28 Upon termination of an adoptive relationship, the rights and Article 29 Upon termination of an adoptive relationship, an adult adopted If the parents of an adopted child request the termination of the Article 30 Whoever abducts and traffics in a child under the cloak of Whoever abandons an infant shall be imposed upon a fine of not more Whoever sells his or her own child shall be punished in accordance with Article 31 The people's congress and its standing committee in a The relevant regulations of a national autonomous region shall be Article 32 The State Council may, in accordance with this Law, formulate Article 33 This Law shall enter into force as of April 1, 1992.
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Chapter I General Provisions
and to safeguard the rights of parties involved in the adoptive relationship.
of adopted minors, in conformity with the principle of equality and
voluntariness, and not in contravention of social morality.
planning.
Chapter II Establishment of Adoptive Relationship
adopted:
found; or
difficulties.
place out children for adoption:
a child belonging to a collateral relative by blood of the same generation
and up to the third degree of kinship, irrespective of the restrictions
specified in Item (3), Article 4; Item (3), Article 5; and Article 9 of this
Law as well as the restriction of a minor under the age of 14.
relative by blood of the same generation and up to the third degree of
kinship, may even be not subject to the adopter's childless status.
restrictions that the adopter shall be childless, reach the age of 35 and
adopt one child only.
age difference between the adopter and the adoptee shall be no less than
40 years.
adoption, they must act in concert. If one parent cannot be ascertained or
found, the other parent may place out the child for adoption alone.
adopt the child in concert.
adoption shall both take place on a voluntary basis.
adoptee shall be obtained.
capacity, the guardian(s) of the minor may not place out him(her) for
adoption, except when the parents may do serious harm to the minor.
adoption, the guardian must obtain the consent of the person who has
obligations to support the orphan. Where the person who has obligations to
support the orphan disagrees to place out the orphan for adoption, and the
guardian is unwilling to continue the performance of his guardianship, it is
necessary to change the guardian in accordance with the General Principles of
the Civil Law of the People's Republic of China.
parents of the stepson or stepdaughter, adopt the stepson or stepdaughter,
and such adoption may be free from the restrictions specified in Item (3),
Article 4; Item (3), Article 5; and Article 6 of this Law, as well as from
the restriction that the adoptee must be under the age of 14.
cannot be ascertained or found or an orphan in the care of a social welfare
institution shall register the adoption with a civil affairs department.
on adoption shall be concluded by the adopter and the person placing out the
child for adoption in accordance with the terms on adoption and on placing
out a child for adoption provided by this Law. The adoption may also be
notarized. If the adopter or the person placing out the child for adoption
wishes that the adoption be notarized, the adoption shall be notarized.
be supported by relatives or friends of their parents.
supporter and the supported.
the death of the other spouse, the parents of the deceased shall have the
priority in rearing the child.
any more child, in violation of the regulations on family planning, on the
ground of having placed out their child for adoption.
under the cloak of adoption.
(male or female) in the People's Republic of China.
China, papers certifying such particulars of the adopter as age, marital
status, profession, property, health and whether subjected once to criminal
punishment shall be provided. Such certifying papers shall be notarized by a
notarial agency or notary of the country to which the adopter belongs, and
the notarization shall be authenticated by the Embassy or Consulate of the
People's Republic of China stationed in that country. The adopter shall
conclude a written agreement with the person placing out the child for
adoption, register in person the adoption with a Chinese civil affairs
department and complete the procedure for notarizing the adoption at a
designated notarial agency. The adoptive relationship shall be established as
of the date of the notarization.
adoption wish to make a secret of the adoption, others shall respect their
wish and shall not make a disclosure thereof.
Chapter III Validity of Adoption
the legal provisions governing the relationship between parents and children
shall apply to the rights and duties in the relationship between adoptive
parents and adopted children; the legal provisions governing the relationship
between children and close relatives of their parents shall apply to the
rights and duties in the relationship between adopted children and close
relatives of the adoptive parents.
his or her parents and other close relatives shall terminate with the
establishment of the adoptive relationship.
adoptive mother's surname, and may also retain his or her original surname,
if so agreed through consultation between the parties concerned.
of the General Principles of the Civil Law of the People's Republic of China
and those of this Law shall be of no legal validity.
no legal validity from the very start of the act.
Chapter IV Termination of the Adoptive Relationship
adoptee comes of age, except when the adopter and the person having placed
out the child for the adoption agree to terminate such relationship. If the
adopted child involved reaches the age of 10 or more, his or her consent
shall be obtained.
commits maltreatment, abandonment, or other acts of encroachment upon the
lawful rights of the minor adopted child, the person having placed out the
child for adoption shall have the right to demand termination of the adoptive
relationship. Where the adopter and the person having placed out the child
for adoption fail to reach an agreement thereon, a suit may be brought in a
people's court.
adult adopted child deteriorates to such a degree that their living together
in a same household becomes impossible, they may terminate their adoptive
relationship by agreement. In the absence of an agreement, they may bring a
suit in a people's court.
shall conclude a written agreement. Where the adoptive relationship was
established through registration with a civil affairs department, the parties
shall complete the procedure for registering the termination of the adoptive
relationship at a civil affairs department. Where the adoptive relationship
was notarized, the parties shall have the termination of the adoptive
relationship also notarized at a notarial agency.
duties in the relationship between an adopted child and his or her adoptive
parents and their close relatives shall also terminate, and the rights and
duties in the relationship between the child and his or her parents and their
close relatives shall be restored automatically. However, with respect to the
rights and duties in the relationship between an adult adopted child and his
or her parents and their close relatives, it may be decided through
consultation as to whether to restore them.
child who has been reared by the adoptive parents shall provide an amount of
money to support the adoptive parents who have lost ability to work and are
short of any source of income. If the adoptive relationship is terminated on
account of the maltreatment or desertion of the adoptive parents by the
grown-up adopted child, the adoptive parents may demand a compensation from
the adopted child for the living and education expenses paid during the
period of adoption.
adoptive relationship, the adoptive parents may demand an appropriate
compensation from the parents for the living and education expenses paid
during the period of adoption, except if the adoptive relationship is
terminated on account of the maltreatment or desertion of the adopted child
by the adoptive parents.
Chapter V Legal Responsibility
adoption shall be investigated for criminal responsibility in accordance with
the Decision of the Standing Committee of the National People's Congress
Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or
Kidnap Women or Children.
than 1,000 yuan by a public security organ; if the circumstances are so
flagrant as to constitute a crime, the offender shall be investigated for
criminal responsibility in accordance with Article 183 of the Criminal Law.
the provisions in the second paragraph of this Article.
Chapter VI Supplementary Provisions
national autonomous area may, on the basis of the principles of this Law and
in the light of the local conditions, formulate adaptive or supplementary
provisions.
submitted to the Standing Committee of the National People's Congress for the
record. The relevant regulations of an autonomous prefecture or autonomous
county shall be submitted to the standing committee of the provincial or
autonomous region's people's congress for approval before coming into force,
and shall also be submitted to the Standing Committee of the National
People's Congress for the record.
measures for its implementation.
URL: http://www.asianlii.org/cn/legis/cen/laws/al119