Contents Involved: Registration of adoption of children by foreigners in the People's Republic of China

Applicable Objects: parties involved in a foreign-related adoption relationship

Acceptance Conditions:

After the foreign adopters receive The Notice of Coming to China for Adoption of a Child Issued by the Chinese Adoption Organization, they may submit adoption application and certifying documents to the adoption registration authority of the provincial governments.

Application Materials: 

When registering an adoption, foreign adopters shall fill out a registration application form for the adoption of children by foreigners in China, submit the adoption agreement, and provide the following materials:

(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; and,

(3) A group photo of the adopters and adoptee.

Adopters and the adoptee should provide: household registration booklet, resident identification documents, and photos.

Handling Process: Receiving – Finishing

Time Limit: 7 working days

Charges: free

Office Address: Room 900, No.1 Office Building of the Hunan Provincial Department of Civil Affairs, No. 276, Dongfeng Road, Kaifu District, Changsha City (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:

Monday to Friday (except statutory holidays) 

8:00-12:00; 15:00-18:00 (from July 1 to September 30) 

8:00-12:00; 14:30-17:30 (from October 1 to June 30 next year) 

Contact:

Tel: 0731-84502310 

Legal Basis: 

1. Article 1109 of the Civil Code of the People's Republic of China:

Foreign nationals may adopt children in the People's Republic of China in accordance with law.

The adoption of a child by a foreign national in the People's Republic of China shall be subject to the review and approval of the competent authorities of the foreign national's country of residence in accordance with the law of that country. The foreign adopter shall submit documents issued by the competent authorities of his country of residence certifying such personal information as his age, marital status, occupation, financial situation, physical condition, and whether he has criminal record. The foreign adopter shall conclude a written agreement with the person who places the child for adoption and register the adoption in person with the civil affairs department of the people's government at the level of provinces, autonomous regions, or municipalities directly under the State Council.

The certifying documents provided in the preceding paragraph shall be authenticated by the diplomatic authorities of the country in which the foreign national resides or by an agency authorized by the said diplomatic authorities, and then authenticated by the embassy or consulate of the People's Republic of China in the said country unless otherwise provided by the State.

2. Article 5 of Measures for Registration of Adoption of Children by Foreigners in the People's Republic of China:

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.

The Chinese government has adjusted its cross-boarder adoption policy, henceafter, apart from the adoption of a child or stepchild from one's collateral relatives by blood of the same generation and up to the third degree of kinship by foreigners coming to China, China will not send children abroad for adoption，Chinese Foreign Ministry spokeswoman Mao Ning said on Sept. 5, 2024 at a press conference.

This is also in line with the spirit of relevant international covenants, Mao added.

"We express our appreciation to those foreign governments and families, who wish to adopt Chinese children, for their good intention and the love and kindness they have shown," said the spokesperson.

According to the Article 13 of the Hunan Permanent Residents Registration Management Measures (Issued by Hunan Province Government General Office [2016] No.12), for infants born in Hunan, their parents should apply for birth registration within 30 days after they are born. For foreign infants born in China without nationality, where one of the parents are a Chinese citizen, and the other is a foreigner or stateless person, their parents or agents should go through the formalities for birth registration for them. The original and the copy of the Certificate of Birth in Hunan of the child, their parents’ marriage certificate/illegitimate birth statement, and the guardian’s Chinese household registration book are required.

According to the article 40 of the Law of the People's Republic of China on Entry and Exit, for foreign infants born in China, their parents or agents shall, within 60 days after they are born, on the strength of the birth certificates, go through the formalities for stay or residence registration for them with the exit/entry administrations of public security organs under people’s governments at or above the county level in the places of their parents’ stay or residence.

Chinese source: hunan.gov.cn