-- Article list --

1. Applicant Eligibility

Foreigners under 18 being fostered in China who are the children of foreign nationals of Chinese origin or overseas Chinese


2. Application Condition

The applicant should stay in China for over 6 consecutive months.


3. Application Materials

1) Completely filled VISA / STAY PERMIT / RESIDENCE PERMIT APPLICATION FORM;

2) Recent bareheaded and full-faced 2-inch color photos of the applicant;

3) Valid passport or other international travel documents of the applicant;

4) Birth Certificate of the applicant;

5) Certificate of identification of the applicant's parents;

6) Certificate of Entrustment for Foster Care of the applicant's parents;

7) Certificate of identification of the trustee of foster care; and,

8) Valid accommodation registration form of the applicant.


4. Examination and Approval Basis

1) Exit and Entry Administration Law of the People's Republic of China

2) Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners

3) Instructions on Visa Application of Foreign Nationals


5. Charges

For Family Reunion Residence Permits (Foster Care) with validity of no longer than 1 year: 400 yuan

For Family Reunion Residence Permits (Foster Care) with validity of 1 year or more but no longer than 3 years: 800 yuan

For Family Reunion Residence Permits (Foster Care) with validity of 3 years or more but no longer than 5 years: 1000 yuan


6. Handling authority

Exit and entry control departments of public security authorities in the places of foster care.

Handling authority in Changsha:

The Population and Entry-Exit Reception Hall of Changsha Municipal Public Security Bureau 

Address: No. 30, Jindun Road, Guitang Street, Yuhua District, Changsha

Office hours:

Monday to Friday (except national holidays)

9:00-12:00, 13:30-17:30 (July 1 to September 30)

9:00-12:00, 13:00-17:00 (October 1 to June 30 next year)


7. Handling Process

Application—Examination and Approval—Acceptance—Completion

8. Contact

Tel: 96111


Chinese source: Hunan Public Security Online Service Platform

Instructions on Application for Family Reunion Residence Permits (Foster Care)

Article 1 These Measures are formulated in accordance with the Adoption Law of the People's Republic of China for the purpose of regulating foreign-related adoption registration practice.

Article 2 The adoption of children within the territory of the People's Republic of China by foreigners (herein after referred to as adoption of children in China by foreigners) shall be registered in accordance with these Measures.

Where one party of a couple as adopter is a foreigner, the adoption of a child in China by them shall also be registered in accordance with these Measures.

Article 3 The adoption of children in China by foreigners shall comply with the provisions of the relevant Chinese laws on adoption, as well as the provisions of the relevant laws on adoption of the countries where adopters reside; problems arising from discrepancy between the provisions of the laws of the countries where adopters reside and those of the Chinese laws shall be resolved through consultation by relevant departments of the governments of the two countries.

Article 4 A foreigner who is to adopt a child in China shall, through the government of the country where he or she resides or an adoption organization delegated by the government of the said country (hereafter referred to as the foreign adoption organization), convey an application for adoption and submit the adopter's family situation report and a certificate to an adoption organization delegated by the Chinese government (hereinafter referred to as the Chinese adoption organization).

The adopter's application for adoption, the family situation report and the certificate stipulated in the preceding paragraph refer to the following documents that are issued by the competent agencies of the country where the adopter resides and, authenticated by a diplomatic department of the country where the adopter resides or by an agency authorized by the said diplomatic department, and authenticated by the embassy or consulate of the People's Republic of China stationed in that country.

(1) an application for inter-country adoption;

(2) a birth certificate;

(3) a certificate of marital status;

(4) a certificate of profession, income and of property condition;

(5) a certificate of health examination;

(6) a certificate indicating whether the adopter has ever been subjected to criminal punishment;

(7) a certificate certifying the approval of the inter-country adoption by the competent authority of the country where the adopter resides;

(8) a family situation report, including the status of the adopter, the qualification and appropriateness of the adoption, family background, medical history, adoption motive and features suitable for taking care of children.

Foreigners who have continuously lived in China for more than one year for work or study and are to adopt children in China shall submit the documents stipulated in the preceding paragraph except for the certificate of health examination, and shall also submit certificates indicating such particulars of the adopter as marital status, profession, income or property condition and whether they have ever been subjected to criminal punishment, which are issued by the Chinese units to which they belong, and certificates of health examination issued by medical units at or above the county level.

Article 5 The person placing out a child for adoption shall submit to the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government his or her residence booklet, resident identity card (where a social welfare institution places out a child for adoption, then the identity credential of the person in charge of such an institution shall be submitted), and residence certificate of the adoptee, etc., and shall submit the following certifying papers according to different situations:

(1) Where the biological parents (including divorced ones) are the persons who place out the adoptee for adoption, a certificate certifying that the biological parents cannot rear the adoptee due to unusual difficulties and a written consent of both of the biological parents on the placing out for adoption shall be submitted; among those, where the adoptee is placed out for adoption by a single parent because the spouse of the biological father or mother has died or has been missing, a certificate certifying that the other spouse has died or has been missing as well as a written declaration of the parents of the dead spouse or the spouse who has been missing on giving up the priority in rearing the child shall also be submitted;

(2) Where a guardian is the person who places out the adoptee for adoption because the adoptee's parents have no 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 has the right of guardianship shall be submitted;

(3) Where a guardian is the person who places out the adoptee for adoption because both of the adoptee's parents have died, a certificate certifying the death of the adoptee's biological parents, a certificate certifying the guardian's actual bearing of obligations of guardianship as well as a written consent of other persons bearing rearing obligations on the placing out for adoption shall be submitted;

(4) Where a social welfare institution acts as the person who places out a child for adoption, a certificate of the situations in the abandonment and discovery of the abandoned infant or child, and a certificate of the process of the search of his or her parents or other guardians shall be submitted; where the adoptee is an orphan, a certificate certifying the death or the declaration of death of the orphan's parents as well as a written consent of other persons bearing the obligations of rearing the orphan on the placing out for adoption shall be submitted.

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

Article 6 The civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall examine the credentials and certifying papers submitted by those who place out children for adoption, and issue public notices to ascertain or look for the biological parents for those abandoned infants or children whose biological parents cannot be ascertained or found; where the adoptee and those who place out children for adoption are believed to meet the requirements stipulated in the Adoption Law, a list of their names shall be notified to the Chinese adoption organization, and the following credentials and certifying papers shall be conveyed simultaneously:

(1) Duplicate copies of residence booklets and resident identity cards of those who place out children for adoption (if a social welfare institution places out a child for adoption, then the identity credential of the person-in-charge of such an institution);

(2) Duplicate copies of certificates certifying that the adoptees are abandoned infants or orphans, their residence certificates, growth reports and health examination certificates as well as photos of the adoptees.

The public notice issued by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government for ascertaining or looking for the biological parents of those abandoned infants or children shall be published in a local newspaper at the provincial level. Where the biological parents or other guardians of the abandoned infant or child do not come to claim him or her after 60 days as of the date of the publication of the public notice, such an abandoned infant or child shall be regarded as one whose biological parents cannot be ascertained or found.

Article 7 The Chinese adoption organization shall, after having examined the application for adoption and the relevant certificates submitted by the foreign adopter and by referring to the desire of the foreign adopter, select a suitable adoptee from among the adoptees who are recommended by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government and who meet the requirements stipulated in the Adoption Law, and shall, through the foreign government or a foreign adoption organization, send to the foreign adopter the information about the adoptee and the person placing out the child for adoption. Where the adoption is agreed by the foreign adopter, the Chinese adoption organization shall send him or her a notice of coming to China for adoption of a child, and simultaneously inform the relevant civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government to send the person placing out the child for adoption a notice that consent has already been given to the adoption of the adoptee.

Article 8 Where foreigners come to China to adopt children, they shall come to China in person to go through the registration formalities. Where a foreign couple adopt a child in concert, they shall come in concert to China to go through the adoption formalities; where one party of them cannot come to China for some reasons, the other party shall be delegated in writing, and the power of attorney shall be notarized and authenticated by the country where they reside.

Article 9 A foreigner who comes to China to adopt a child shall conclude a written adoption agreement with the person placing out the child for adoption. The agreement shall be in three copies, the adopter and the person placing out the child for adoption shall keep one copy each, and the adoption registration organ shall keep one copy when handling the adoption registration formalities.

After the written agreement is concluded, the parties concerned to the adoptive relationship shall register the adoption in concert with the civil affairs department of the people's government of the province, autonomous region or municipality directly under the Central Government in the locality where the adoptee's permanent residence is registered.

Article 10 The parties concerned to the adoptive relationship shall, when registering adoption, fill out a registration application for adoption of children by foreigners in China and submit the adoption agreement, and shall respectively submit the relevant documents.

The adopters shall submit the following documents:

(1)The notice of coming to China for adoption of a child issued by the Chinese adoption organization;

(2) The identity credentials and photos of the adopters.

The person placing out a child for adoption shall submit the following documents:

(1) The notice that consent has already been given to the adoption of the adoptee issued by the civil affairs department of the people's government of the province, autonomous region or municipality directly under the Central Government;

(2) The residence booklet and resident identity card of the person placing out the child for adoption (if a social welfare institution places out the child for adoption, then the identity credential of the persons-in-charge of such an institution) and photos of the adoptee.

Article 11 The adoption registration organ shall conduct examination within 7 days from the next date of the receipt of the registration application for adoption of children in China by foreigners and the relevant documents related to the adopter, the adoptee and the person placing out the child for adoption; where the requirements stipulated in Article 10 of these Measures are met, the adoption shall be registered for the parties, and an adoption registration certificate be issued. The adoptive relationship shall be established as of the date of registration.

The adoption registration organ shall inform the Chinese adoption organization of the result of the registration.

Article 12 Where, after the adoption has been registered, adoption notarization is required by all parties or any one party concerned to the adoptive relationship, the adoption shall be notarized in a notary organ with the qualification of foreign-related notarization in the locality where the adoption is registered.

Article 13 Before the adoptee leaves China, the adopter shall, on the strength of the adoption registration certificate, go through the exit formalities for the adoptee with the public security organ in the locality where the adoption is registered.

Article 14 Foreigners who adopt children in China shall pay a registration fee to the registration organs. The standard for the registration fee shall be implemented in accordance with the relevant provisions of the State.

Chinese adoption organizations are non-profit-making public welfare institutions which provide service to foreign adopters and may charge service fees. The standard for charging service fees shall be implemented in accordance with the relevant provisions of the State.

For the purpose of rearing abandoned infants and children living in social welfare institutions, the state encourages foreign adopters and foreign adoption organizations to make donation to social welfare institutions. The social welfare institutions receiving donations must use all the donations to improve the nurturing conditions for the abandoned infants and children reared and may not misappropriate the donations for other purposes, and shall inform the donors of the use of the donations. The social welfare institutions receiving donations shall also subject themselves to the supervision of the relevant departments and make the use of the donations known to the public.

Article 15 The activities of Chinese adoption organizations shall be subject to the supervision of the civil affairs department of the State Council.

Article 16 These Measures shall take effect as of the date of promulgation. The Implementation Measures on the Adoption of Children by Foreigners in the People's Republic of China, approved by the State Council on November 3, 1993 and promulgated by the Ministry of Justice and the Ministry of Civil Affairs on November 10, 1993, shall be repealed simultaneously.

Measures for Registration of Adoption of Children by Foreigners in the People's Republic of China

Target Applicants: Children of overseas Chinese or Chinese with overseas nationality aged under 18, for foster care in mainland China.


Application Requirements: Stay in China for over 6 consecutive months.


Accepting Office:


Division of Exit-entry Administration of Local Public Security Bureau in Foster Care Area 


Application Procedure:


(i) Completely filled VISA AND RESIDENCE PERMIT APPLICATION FORM with recent half-length, blue background, bareheaded, full-faced 2-inch color photo.


(ii) Submit valid original and photocopy Receipt of China Visa. (printed on A4 paper)


(iii) Submit copies of Birth Certificate for verification. 


(iv) Submit copies of passports of overseas parents or Chinese passports of parents with Chinese nationality and Permanent Residence Certificate.

 

(v) Submit copies of residence booklet and Identity Card of guardians;


(vi) Notarized Power of Attorney for Foster Care by parents of applicants.


(7) Registration Form of Temporary Residence filled and sent by local Police Station. 


Application for foster care should include reasons, appointing guardian, period of foster care and foster children’s parents' resume (including nationality,profession or status,time of deport,time of getting residency and time of obtaining overseas nationality.) 


Verification of the notarized written Guarantee of trustee should include:


1. Basic information of lease holder (including name,work unit,profession,home address and relationship with foster child)


2. Basic information about the foster child (including name,date of birth and birth place);


3. Acceptance from the foster parent;


4. Guarantee of foster child's regular deports. Guardian's guarantee bond shall be notarized by Notary organ.

 


Chinese source: hunan.gov.cn


Notice to Overseas Children Applying for Residence Permit for Foster Care

I. Required documents:

1. The adopting couple shall submit a written application to the public welfare institution, while in the application the family situation, income and property as well as his or her requirement of the abandoned infants to be adopted shall be specified. Promise and guarantee to the public welfare institution and abandoned infants to be adopted shall be also included in the application: treat the abandoned infant as his or her own child and never abandon the child.

 

2. The adopting couple shall submit the resident identity card,marriage certificate and residence booklet (both the original certificates and copies).

 

3. The adopter's work unit or village committee shall give certificate of the adopter's marital status,capability of rearing and educating the adoptee and certificate that can prove whether the adopter has a child or not.

 

4. Certificate of adopter's fertility condition issued by family planning departments above the county level in the locality of adopter's permanent residence.

 

5. The adopting couple shall submit health examination certificates issued by a medical agency at or above the county level to a public welfare institution.

 

6. Certificate of no criminal records issued by the public security organ in the locality of the adopting couple's permanent residence.

 

II. Application procedures for the adoption of an abandoned infant:

 

1. Inspection form of cross-national placing-out for adoption.

 

2. The copy of the identity card of the person in charge of the public welfare institution.

 

3. The copy of residence certificate of the child being placed out.

 

4. The duplicate copy of Registration Form of Discovery of the Abandoned Infant.

 

5. The duplicate copy of Registration Form of Accepting Abandoned Infants by Public Welfare Institution.

 

6. The copy of public notices to ascertain the biological parents for those abandoned infants.

 

7. The duplicate copy of Physical Examination Form of Abandoned Infant or Child and testing report.

 

8. The duplicate copy of Growth Condition of Child Being Placed Out.

 

9. Photos: three color bare-headed photos (two inches)

 

Chinese source: hunan.gov.cn


Procedures and Required Documents for the Adoption of Abandoned Infants

Adoption notarization is handled by the notary organ in the locality of the adopter and adoptee's residence.


Conditions of the establishment of an adoptive relationship:


Minors under the age of 14, as enumerated below, may be adopted:


orphans bereaved of parents;


abandoned infants or children whose biological parents cannot be ascertained or found;


children whose biological parents are unable to rear them due to unusual difficulties.


 


The following citizens or institutions shall be entitled to place out children for adoption:


a. guardians of an orphan;


b. public welfare institutions;


c. parents unable to rear their own children due to unusual difficulties.


The adopter shall meet the following requirements simultaneously:


d. childless;


e. capable of rearing and educating the adoptee;


f. having no such diseases as medically considered unfit for adopting a child; and


g. having reached the age of 35.


 


The adopter may adopt one child only.


Where a male person without spouse adopts a female child, the age difference between the adopter and the adoptee shall be no less than 40 years.


 


Exceptional cases:


h. Adoption of a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship by a childless applicant above the age of 35 may not be confined to the restrictions that parents of the adoptee should be unable to rear their own children due to unusual difficulties, the adoptee should be under the age of 14, and that if a male person without spouse adopts a female child, the age difference between the adopter and the adoptee should be no less than 40 years.


 


An overseas Chinese, in adopting a child belonging to a collateral 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.


i. Adoption of a stepson or a stepdaughter: The husband or wife may, with the consent of the father or mother of a child, adopt the child as his or her stepson or stepdaughter, and such adoption may not be subject to any restriction except that the age difference between a male adopter without spouse and the adoptee shall be no less than 40 years.


j. Orphans, disabled children, or abandoned infants and children whose parents cannot be ascertained or found and who are under the care of a public welfare institution may be adopted irrespective of the restrictions that the adopter shall be childless and that he or she may adopt one child only.


k. Where the adopter and adoptee had lived together for years before 1st April 1992, the adoptive relationship formed in such a way shall be handled by relevant provisions.


 


III. Required documents for notarization submitted by parties of the adoptive relationship:


1. Adopter shall submit the following certifying papers:


resident ID card,residence booklet and duplicate copies of the above two certificates;


adoption application (including adoption purpose, his or her status of being childless or not, income and property conditions, capability of rearing and educating the adoptee, promise of not maltreating or abandoning the adoptee);


certificate of marital status (the married should submit marriage certificate, the single proof of singlehood, the divorced proof of divorce, and the widowed proof of widowhood;


certificate of the adopter's marital, family, age status and his or her capability of rearing and educating the adoptee issued by the personnel department of the adopter's work unit or the community board in the locality of his or her residence;


certificate of the adopter's marital and children's status issued by the family planning office;


certificate of the adopter's infertility and sterility issued by hospital above the county level;


required documents of de facto adoption notarization proving that the adopter and adoptee have lived together for years shall be submitted. Where the adoptee is an abandoned infant, certificate of discovery of the abandoned infant shall be submitted;


where a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship is to be adopted, certificate of the collateral relationship by blood of the same generation and up to the third degree of kinship shall be submitted. Where an overseas Chinese completes such an adoption, proof of his or her identity shall be needed.


 


2. The person placing out the child for adoption shall submit the following certifying papers:


a written consent of the biological parents on the placing out for adoption, certificate of marital status, residence booklet, resident ID card and the duplicate copies; certificate that proves the person placing out the child cannot rear the adoptee due to unusual difficulties and that of children's status issued by the family planning department or community board ( people's government at the township/town level);


where a public welfare institution acts as the person who places out a child for adoption shall submit a written consent of placing out signed by the legal representative of the work unit; and


guardians of orphans shall have certificate of qualification to be a guardian, a written consent on placing out for adoption, residence booklet, resident ID card and the duplicate copies.


 


3. The adoptee' residence certificate or birth certificate as well as the duplicate copies of them.


 


4. Exceptional cases requires the following certifying papers:


certificate of collateral relationship by blood of the same generation and up to the third degree of kinship;


where the adopter reaches the legal marriage age shall submit the marital status and residence certificate or resident ID card and their duplicate copies;


where the adoptee has a spouse, he or she shall submit a written consent of his or her spouse on the adoption.


 


5. The written agreement concluded by the adopter and the person placing out.


 


IV. Adoption agreement shall include in general such contents:


the name, sex, birth date, address of adopter, adoptee and the person places out a child for adoption as well as the relation of the parties of the adoptive relationship;


the reasons for adoption;


the attitudes of the people who jointly place out a child for adoption and that of the adopters who jointly adopt the child;


the attitude of the adoptee (a minor above the age of 10);


the rights and obligations of the adopter, adoptee and the person placing out a child for adoption;


the date of establishment of the adoptive relationship


the signatures of the people who jointly place out a child for adoption, joint adopters of the child and an adoptee of perfect capacity for act.


 


V. Reminders for adoption notarization:


Parties of the adoptive relationship shall go about the adoption notarization in person. Where the parties of the adoptive relationship do not live locally, agreement submitted by them shall be notarized by the local notary organ.


Where parents intend to place out their child for 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.


Where a person with spouse adopts a child, the husband and wife must adopt the child in concert.


Where a spouse places out a minor for adoption after the death of the other spouse, the parents of the deceased shall have the priority in rearing the child.


Where a guardian intends to place out an orphaned minor for adoption, the guardian must obtain the consent of the person who has obligations to support the orphan. Without full capacity, the guardian(s) of the minor can not place him(her) out for adoption, except when the parents may do serious harm to the minor.


Persons having placed out a child for adoption may not violate regulations on family planning and buying and selling of children under the cloak of adoption shall be strictly prohibited.


Guide on Adoption Notarization

Notarization of terminating adoptive relationship issued by state notary organs according to the application of the parties of the adoptive relationship proves that the termination of the rights and obligations of the adopter and the person who places out a child for adoption or those of the adopter and adoptee is an act of authenticity and legality.


Termination of adoptive relationship is notarized by the notary organ in the locality of the adopter's residence.


II. Reminders for the notarization of terminating adoptive relationship:


Things concerning notarization of terminating adoptive relationship cannot be completed by others except the parties concerned.


Where the adoptee has limited or no full civil capacity, issues concerning the termination of adoptive relationship shall be legally conducted by his or her biological parents or legal guardian.


Parties involved should have proper motivation of terminating the adoptive relationship. Motivations of avoiding the obligation of rearing or any act of corrupting public morals shall not be allowed.


Where the adoptee reaches the age of 10, his or her consent on termination of the adoptive relationship shall be obtained and recorded.


Where one of the following situations occurs, the termination applications are not accepted:


a. where the adopter or the adoptee who has civil capacity doesn't agree to the termination;


b. where the adoptee has limited or no full civil capacity, whose biological parents have died and who has no other guardians;


c. where the adoptee has no civil capacity and one party of his or her biological parents objects to the termination;


d. where one party of the adopter and adoptee has no self-care ability because of a serious disease;


e. where the adopter has lost ability to work and completely relies on the adoptee economically for living.


An agreement on termination of the adoptive relationship shall include the following:


the name, sex, birth date, address of the parties involved in the adoption;


the date and process of establishment of the adoptive relationship;


reasons for terminating the adoptive relationship;


handling of issues concerning property and life after the termination of the adoptive relationship;


the date of termination of the adoptive relationship;


other contents considered by the two parties shall be included in the agreement;


signatures and seals of both parties involved as well as the date.


 


Required documents for the notarization of terminating the adoptive relationship:


resident identity cards and residence booklets as well as the duplicate copies of both parties involved;


notarial deed for the establishment of the adoptive relationship or other certificates that can prove the adoptive relationship;


agreement on termination of adoptive relationship;


other documents required by the notary.


 


Guide on Notarization of Terminating Adoptive Relationship

Before the adoptee leaves China, the adopter should go, with the certificate of adoption registration, to the public security organ at the locality where the adoption is registered and go through exit formalities for the adoptee according to the stipulations set forth in the Registration Measures for Adoption of Children by Foreigners in the People's Republic of China.

Guide on Undergoing Exit Formalities for the Adoptee of the Foreign-related Adoption

 

The foreign families, who have adopted children from children’s welfare institutes in Hunan Province, are requested to submit the following documents to the Hunan Adoption Administration and Service Centerbefore paying a return visit to the welfare institutes.
i.One copy of “Adoption Registration Certificate”or notarized certificate for adoptive relations.
ii.An application letter including:
(1)A brief introduction of the adoption, including the original Chinese name of the adopted child, the name of the welfare institute and the date of the adoption;
(2)Expected dates of the return visit and the traveling attendants;
(3)Requirements for the visit (where to visit, whom are expected to meet and the accomodation expectation, etc.)
(4)Contact information, email address or fax.

Application Procedures & Requirements for Return Visit of Foreign Adoptive Families

 

Firstly, If foreigners apply for child adoption in China, they should come to China in person to undergo the registration formalities. If a foreign couple intends to adopt a child jointly, they should come to China together and go through the adoption formalities; when one of the spouses cannot come to China for some reasons, the other spouse should be authorized in a written form, and the power of attorney shall be notarized and authenticated by their home country.

Secondly, foreigners who come to China for adoption should conclude a written adoption agreement with the person placing out the child for adoption. The adoption agreement should include in general such contents as the adopters` willingness to adopt, the consent of the person placing out the child for adoption and both parties` agreement to establish an adoptive relationship. The agreement shall be done in triplicate, the adopters, the person placing out the child for adoption and the adoption registration organ each keeps one copy.

Thirdly, foreign adopters, the person placing out the child for adoption and the adoptee should go together to the civil affairs department of the people`s government of the province, autonomous region or municipality under the jurisdiction of the Central Government for the adoptive registration in the locality of the adoptee`s permanent residence.

Requirements:
The adoptee shall be a minor under the age of 14;
The adopter shall meet simultaneously the following requirements:
having reached the age of 30;
childless;
having capability of rearing and educating the adoptee;
having no such diseases as considered medically unfit for child adoptions.

If a male person without spouse adopts a female child, the age difference between the adopter and the adoptee shall be no less than 40 years.

The adoption of a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship may not be subject to the restrictions that the adopted minor must be under the age of 14 and the age difference between the adopter and the adoptee shall be no less than 40 years.

An overseas Chinese, in adopting a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship or a stepfather or stepmother, in adopting the stepson or stepdaughter, may not be subject to the restrictions of the adopter being childless and that the adopted minor must be under the age of 14.

Application materials:
adoption application (adoption agreement);
duplicate copies of residence booklet, passport (laissez-passer), resident ID card and duplicate copy of marriage certificate;
certificates on such particulars of the adopter`s age, marital status, occupation, property, health and non-criminal record notarized by a notary organ;
two photos of the adopter and adoptee respectively as well as two group photos of the adopter and the adoptee;
certificate issued by a notary organ of adopting a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship;

certificate by the public security organ of discovering the abandoned infant or child. Public notices issued by the civil affairs department of the provincial people`s government for ascertaining the biological parents of abandoned infants or children shall be published in a local newspaper at the provincial level. Where the biological parents or other guardians of the abandoned infant or child do not come to claim him or her after 60 days as of the date of the publication of the public notice, such an abandoned infant or child shall be regarded as one whose biological parents cannot be ascertained.

Where the adoption of children by foreigners within the territory of the People`s Republic of China, the person placing out a child for adoption shall submit his or her residence booklet, resident ID card and residence certificate of the adoptee to the civil affairs department of the people`s government of a province in accordance with Measures for Registration of Adoption of Children by Foreigners in the People`s Republic of China:

If the biological parents (including divorced ones) are the persons who place out the adoptee for adoption, a certificate proving that the biological parents cannot rear the adoptee due to unusual difficulties and a written consent of both of the biological parents on the placing-out shall be submitted; among those, if the adoptee is placed out for adoption by a single parent because the spouse of the biological father or mother has died or has been missing, a certificate proving that the other spouse has died or has been missing as well as a written declaration that the dead spouse or the spouse who has been missing on giving up the priority in rearing the child shall also be submitted;

If a guardian is the person who places out the adoptee for adoption because the adoptee`s parents have no full civil capacity, a certificate proving that the adoptee`s parents have no full civil capacity and may do serious harm to the adoptee and a certificate proving that the guardian has the right of guardianship shall be submitted;

If a guardian is the person who places out the adoptee for adoption because both of the adoptee`s parents have died, a certificate proving the death of the adoptee`s biological parents, a certificate proving the guardian`s actual bearing of obligations of guardianship as well as a written consent of other persons bearing rearing obligations on the placing out for adoption shall be submitted;

Where a social welfare institution acts as the person who places out a child for adoption, a certificate of the situations in the abandonment and discovery of the abandoned infant or child, and a certificate of the process of the search of his or her parents or other guardians shall be submitted; where the adoptee is an orphan, a certificate proving the death or the declaration of death of the orphan`s parents as well as a written consent of other persons bearing the obligations of rearing the orphan on the placing out for adoption shall be submitted.

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

Procedures:
The adopter shall fill in the Adoption Registration Approval Form after submitting the required materials. The adopter, adoptee and person who place out a child for adoption appear in person for counseling and record at the civil affairs department of people`s government at the provincial level. They can enter into adoption registration after materials` checking by relevant departments and the approval of the competent leader

Processing time: seven days

Charges:
Application: 20 yuan; cost of adoption certificate: 10 yuan; registration and investigation: 220 yuan.

Result:
Proved to be qualified after examination, the adopter will be given the Adoption Registration Certificate.

Guiding legislations:
Adoption Law of the People`s Republic of China; Measures for Registration of Adoption of Children by Foreigners in the People`s Republic of China; and Jurisdiction and Required Documents for the Registration of the Adoption of Chinese Children by Overseas Chinese Descendents, or Chinese Residing in Hong Kong, Macau or Taiwan Region.

Guide on Adoption Registration for Foreigners

 

(Promulgated by the Ministry of Civil Affairs on May 25, 1999)

Article 1: This Regulation is formulated based on Measures for Registration of Adoption of Children by Chinese Citizens.
Article 2: To adopt a child living in Mainland China, an overseas Chinese descendent, or Chinese residing in Hong Kong, Macau or Taiwan region must present in person and register the adoption with the civil affairs department of the people`s government of the municipality directly under the Central Government or autonomous region in the locality where the adoptee`s permanent residence is registered.
Article 3: An overseas Chinese descendent, who lives in a foreign country having a diplomatic relationship with China, needs to provide an adoption application and the following documents at the time of filing adoption registration:

1. Passport;

2. Documents provided by relevant authorities of the foreign government verifying age, marital status, children, profession, financial status, health, and criminal records of the adoptive applicant. These documents shall be certified by the diplomatic authority of that country or an organization authorized by the diplomatic authority. These documents shall be authenticated by the Chinese Embassy or Consulates.

Article 4: An overseas Chinese descendent, who lives in foreign country not having a diplomatic relationship with China, needs to provide an adoption application and the following documents at the time of filing the adoption registration:
Passport;

Documents provided by the relevant authorities of the foreign government verifying age, marital status, children, profession, financial status, health, and criminal records of the adoptive applicant. These documents shall be certified by the diplomatic authority of that country or an organization authorized by the diplomatic authority. These documents shall be authenticated by an Embassy of a country that has a diplomatic relationship with China.

Article 5 A Chinese citizen residing in Hong Kong needs to provide an adoption application and the following documents at the time of filing the adoption registration:

1. Hong Kong Resident Card, Enter Mainland Pass for Honk Kong Resident or Visit Mainland Card for Hong Kong Resident;

2. Documents must be provided by a Hong Kong notary and authorized by the Chinese government verifying age, marital status, children, profession, financial status, health and criminal records of the adoptive applicant.

Article 6 A Chinese citizen residing in Macau needs to provide an adoption application and the following documents at the time of filing adoption registration:

1. Macau Resident Card, Enter Mainland Pass for Macau Resident or Visit Mainland Card for Macau Resident;

2. Documents must be provided by the relevant Macau authorities verifying age, marital status, children, profession, financial status, health and criminal records of the adoptive applicant.

Article 7 A Taiwan resident needs to provide an adoption application and the following documents at time of filing adoption registration:

1. A valid proof of residency in Taiwan Region;

2. Valid travel documents issued or stamped by the relevant Chinese authorities.

3. Documents notarized by the notary public in Taiwan Region verifying age, marital status, children, profession, financial status, health and criminal records of the adoptive applicant.

Article 8 This regulation shall take effect as of the date of promulgation.

Jurisdiction and Required Documents for the Registration of the Adoption of Chinese Children by Overseas Chinese Descendents, or Chinese Residing in Hong Kong, Macau or Taiwan Regi...

At present there are 17 countries that have established cooperative relationship with China in inter-country adoption. These countries are: USA, Canada, UK, France, Spain, Italy, Holland, Belgium, Denmark, Norway, Sweden, Finland, Iceland, Ireland, Australia, New Zealand, and Singapore. Only citizens of these countries can adopt children from China through the following procedures:


I. Submission of Application
The first step for foreigners to adopt a child in China is to submit adoption application and certifying documents through their government departments or adoption agencies authorized by governments. Documents required for adoption in China include:
(i) Inter-country adoption application letter;
(ii) Birth certificate;
(iii) Marital status certificate;
(iv) Occupation, income and financial status certificate;
(v) Physical examination certificate;
(vi) Criminal/ Non-criminal record certificate;
(vii) Home study report;
(viii) Certificate certifying the approval of the inter-country adoption by the competent authority of the country where the adoption applicant resides;
(ix) Copy of passport;
(x) Two bareheaded photos (two inches) and six family photos.
All the certificates except those required in item (ix) and (x) must be produced by the competent body in the resident country and authenticated by diplomatic organization of the resident country or agencies authorized by the diplomatic organization and notarized by the embassy or consulate of the People’s Republic of China in that country.
China Center of Adoption Affairs (CCAA) does not accept any adoption application documents submitted directly by individuals.


II. Registration of Documents
After receiving the adoption documents submitted by government or adoption agencies, CCAA will accept and register the application, provided that all the documents required for adoption are complete and valid and the service fees are paid. CCAA will inform the foreign governments or adoption agencies which have forwarded the documents about the registration information of the application.


III. Review and Match
After reviewing the adoption documents, CCAA will, considering the adoptive families’ wish, match a suitable child for those qualified families and transfer the information of the adoptee and the person who place the child for adoption to the foreign governments and adoptive families to seek their opinions on the referral.


IV. Issuing the Notice
After receiving the signe acceptance letter from the foreign government and adoptive family, CCAA will issue the Notice of Travelling to China for Adoption to the family through the foreign governments or adoption agencies. Meanwhile, CCAA will issue a Notice of Foreign-related Adoption to the adoption registration authority in the department of civil affairs of the province where the adoptee resides.


V. Travelling to China for Adoption
After receiving the Notice of Travelling to China for Adoption, both the husband and wife should, bearing the original copy of the notice, come to China and to the department of civil affairs of the province where the adoptee resides to go through the adoption registration formalities.


VI. Adoption Registration
Foreign adoptive families should fill the Registration Application Letter of Foreigners Coming to China for Adoption, and submit the adoption agreement signed between the adopters and the person placing the child for adoption, the original Notice of Travelling to China for Adoption issued by CCAA, passports and photos. The provincial departments of civil affairs will check the documents, go through registration formalities for eligible adopters, and issue the Adoption Registration Certificate and Certificate of Conformity of Intercountry Adoption. The adoption relationship is established as of the date of registration.

Basic Procedures for Foreigners to Adopt from China