What are the legal requirements for adoption in China?
According to Article 15 of the Adoption Law of the People’s Republic of China, an adoption should be registered in the civil affairs office of the municipal government above the county level and will take effect since the registration date.
According to the Provision on Adoption by Chinese Citizens, any adoption by Chinese citizens or stoppage of an adoption by agreement in China should be registered under the above-mentioned provision in the civil affairs office of the municipal government above the county level.
According to the Provision on Adoption by Foreigners in the People’s Republic of China, any adoption by foreign citizens in China should be registered under the above-mentioned provision. This applies to the situation in which one of the adoptive parents is Chinese and the other foreigner. The adoption is to be registered in the civil affairs office of the municipal government above the county level.
According to the Administration on the Registration of Adoption by Chinese Citizens from Hong Kong, Macau and Taiwan and Provisions on the Needed Certificates and Proofs Adoption, any adoption in China’s mainland by overseas Chinese and Chinese citizens from the above-mentioned regions should be registered in the civil affairs office of the municipal government of the municipality, city, autonomous county or district where the permanent residence of the adopted is kept.
What requirements an adopter must meet?
1. According to the adoption law, an adopter must at the same time be 1). Childless; 2). Able to bring up and educate the adoptee; 3). Free from any diseases which render him/her unqualified for adoption; and 4). Above 30 years old;
2. To adopt children from a contemporary collateral blood-tied relative within three generations, an adopter can be free from the limitation that the children’s parents must be suffering from specific difficulties and must be at least 40 years older than the adopter and that the adoptee must be younger than 14 years.
3. To adopt children from a contemporary collateral blood-tied relative within three generations, an overseas Chinese adopter can be free from the limitation that he/she must be childless.
4. A single male adopter must be at least 40 years older than his adopted female child.
5. An adopter can adopt only one child.
6. To adopt an orphan, a disabled child, a parentless deserted baby or a parentless child raised by social welfare institutions, an adopter can be free from the limitation that he must be childless and can adopt only one child.
7. Adoption by married couple must be carried out by both spouses.
8. An adoption must be agreed on by both the adopter and the adoptee’s parents. If an adoptee is over 10 years old, the adoption must also be agreed on by the adoptee. And
9. Step-parents can adopt step-children on the agreement of their parents and can be free from the limitation of the relative conditions.
What privileges can a one-child family enjoy?
A “one-child family”, here referring to one with only one child and has been granted Certificate of Honor for Single-child Parents, can enjoy some awards and privileges stipulated by the relevant governments of varied levels, mainly including:
1. Awards to single-child parents;
2. An extended maternity leave;
3. Privileges in education, including that in nurseries and kindergartens, employment and medicare or health examination;
4. Privileges to a rural only child in the arrangement of land for home-building and in the division of benefits like bonus from collective village economical incomes;
5. Reduction of voluntary labor or labor income for rural residents abiding by the family planning policy and reduction or exemption of rural collective fund; and
6. Privileges for only-child parents in old age.