Adopting Registration in Wuhan
The Adopting Registration for Hong Kong, Macau, Taiwan Residents and Overseas Chinese
I．Certificates and other identifications required for the adopter:
Five bareheaded recent color photos (2-inch) of the adopter and adoptee respectively and five pair photos of the same kind of the adopter and the adoptee.
To apply for the adopting registration, the adopter should submit to the adopting registration organ the adopting application, certificates and other identifications concerned. The application consists in purpose of adoption and the will to well-treat the adoptee without abuse and abandonment.
A. Hong Kong residents:
1. Hong Kong ID card, pass to and fro mainland or home visit permit;
2. Identifications of the adopter about age, marital status, having children or not, occupation, property, health condition, and criminal record by Hong Kong entrusted notary of State competent authorities.
B. Macau residents:
1. Macau ID card, pass to and fro mainland or home visit permit;
2. Identifications of the adopter about age, marital status, having children or not, occupation, property, health condition, and criminal punishment record issued by Macau responsible authorities
C. Taiwan residents:
1. Valid Taiwan residential certificates;
2. Valid travel certificates signed or endorsed by PRC competent authorities;
3. Identifications of the adopter about age, marital status, having children or not, occupation, property, health condition, and criminal punishment record notarized by Taiwan notary organizations.
D. Overseas Chinese in countries with which China has established diplomatic relations
2. Identifications of the adopter authenticated by diplomatic institutions or others authorized in the residing country as well as by China Embassy there about age, marital status, having children or not, occupation, property, health condition, and criminal punishment record issued by organic organs of residing country,. (The identifications are to be translated into Chinese by translation organizations designated by registration organ.)
II. Certificates and other identifications required for the person sending the adoptee:
A. Permanent residence booklet and ID card of the person sending the adoptee (organizational guardian should submit the identity certificates of its head).
B. According to the law of adoption, the person sending the adoptee should solicit the favors of other people who have the duty to rear and submit a written agreement of them.
C. Welfare organization as the sender is to submit
1. The original records for the entrance of the foundling or child into welfare organizations;
2. Documentary evidences from public security agencies about the discovery of the foundling or child, or official reports about the death of its parents.
D. Person sending the adoptee as the guardian is to submit:
1. Documents about his real duty as guardian;
2. Documents about the death of the parents of the orphan or their death proclamation
3. Documents about the incomplete capacity of handling civil affairs of the bio-parents of the adoptee and about their serious harmfulness to him
E. Bio-parents sending the adoptee are to submit
1. Legal agreement following birth control regulations with local birth control department
Registration Provisions for Foreigners’ Adopting Children in the People’s Republic of China
【Promulgation institution】State Council
The revised Registration Provisions for Foreigners’ Adopting Children in the People’s Republic of China was approved by State Council on May 12, 1999, now it is promulgated for implementation.
【Name of the article】The whole contents
Clause 1 For standardizing adopting registration behavior by foreigners, in accordance with Adoption Law of the People’s Republic of China, this provision is specifically drawn up.
Clause 2 Foreigners adopting children in the territory of the People’s Republic of China (hereinafter called foreigner adopting children in China) shall go through registration according to this provision.
One party of the couple adopting children in China is a foreigner, shall go through registration according to this provision.
Clause 3 Foreigners adopting children in China shall conform to the stipulation of related adoption law, and conform to the stipulation of related adoption law of the country where the adopter residing in; Any problems occurred due to the discrepancy between the stipulations of the law of the adopter’s country and the stipulations of the People’s Republic of China, which shall be settled by competent governmental institutions of both countries.
Clause 4 Foreigners adopting children in China shall, through the locating country government or its trusted adoption organization (hereinafter called China Adoption Organization, deliver the adoption application and submit the family situation report and certification of the adopter.
Adoption application, family situation report and certificate of adopter stipulated by the above clause mean the following documents issued by the country authorized institution, certified by the country foreign affairs institution or the organ authorized by foreign affairs institution, and certified by embassy or consulate of the People’s Republic of China in this country.
(I) International adoption application letter;
(II) Birth certificate;
(III) Marriage state certificate;
(IV) Vocation, economic income and financial state certificate;
(V) Health check certificate;
(VI) Certificate for whether having criminal punishment;
Certificate of competent institution of the country where the adopter resides for agreeing to multinational adopting children;
(VIII) Family situation report, including ID of adopter, qualification and suitability of adoption, family situation and case history, adoption motivation as well as characteristic of suitable for taking care of the children.
Foreigners who have worked or studied continuously in China for over 1 year adopt the children, shall submit the documents except the health check certificate stipulated by above clause, also submit the marriage status certificate, vocational and economic income or the property status certificate issued by the unit in China or the related institutions, certificate for having criminal punishment or not as well as health check certificate issued by medical institutions above the county level.
Clause 5 Personnel sending the adoptee shall submit personal residence booklet and resident ID card (if social welfare institution to be the personnel for sending the adoptee, shall submit the identification certificates of the person in charge), residence certificate and other situation certificates of the adoptee, and submit related certification as below:
(I) If the natural parents (including divorced parents) as the personnel of sending the adoptee shall submit the certificate of the parents unable to support due to special difficulty and opinions in writing of the parents for agreeing to send the child for adoption ; Of which, due to one of the natural father or mother of the adoptee having died or one part being unknown whereabouts, to be sent by on party, shall submit certificate of the death of the spouse or unknown whereabouts as well as the written statement of the parents with died or unknown whereabouts spouse not executing preferential raising right;
(II) The adoptee’s parents do not possess the entire civil capacity, other guardians of the adoptee as personnel for sending the adoptee, shall provide the certificate for the parents of the adoptee’s father having no entire civil capacity and having severe harm to the adoptee as well as certificate for the guardian having the guardianship;
(III) The adoptee whose parents have died and the guardian as a personnel sending the adoptee, shall submit the certificate for the death of the natural parents and the guardian takes the real responsibility of the guardian as well as the written opinion of agreeing to be adopted by other personnel with raising liability;
(IV) As to social welfare institution to be personnel for sending the adoptee, shall provide the certification for the abandoned child and the abandonment and finding situation as well as the description of looking for the parents or other guardians; If the adoptee is an orphan, shall submit the certificate of the death of the parents or claimed to be dead, as well as the opinion in writing of others agreeing to adoption with liability of raising the orphan.
As to sending the disabled children for adoption, it shall also submit the disabled certificate for the children issued by medical treatment institution above the county level.
Clause 6 The people’s civil affair organs of the province, autonomous region or municipality directly under central government shall examine on the certificate and certification information submitted by the personnel sending the adoptee, as to abandoned infant and child whose parent can not be found, it shall advertise to find the natural parents; If the adoptee and personnel sending the adoptee conform to the stipulated regulation of the adoption law, shall notify the names of the adoptee and personnel sending the adoptee conforming to the adoption law stipulation to China Adoption Organization, at the same time, deliver the following documents and certification information;
(I) Copy of resident booklet and resident ID card of personnel sending the adoptee (if social welfare institution as the personnel sending the adoptee, ID certificate of the person in charge);
(II) Certificate, domicile certificate, growth situation report and copy of health check certification and photo of adoptee if he or she is an abandoned infant or orphan.
Announcement for finding the natural parents of the abandoned infant or children by the people’s governments of the province, autonomous region and municipality directly under the central government shall be published on the local newspaper at the provincial level. Up to 60 days from the day published on the newspaper, the natural parents or other guardians of the abandoned infant and children have not claimed, it shall be taken as the natural parents of the abandoned infant and children could not be found.
Clause 7 After examination on the adoption application of foreign adopter and related certification by China Adoption Organization, it shall, among the adoptee conforming to the stipulated conditions by the law of adoption submitted by the civil affairs organs of the province, autonomous region and municipality directly under central government, referring to the aspiration of the adopter, select suitable adoptee, and submit the related situation of the adoptee and the personnel sending the adoptee to foreign adopter through foreign government or foreign adoption organization. If foreign adopter agrees to the adoption, China Adoption Organization shall issue notice for adopting child in China, at the same time, notify civil affairs institutions of relevant provincial, autonomous region and municipal people’s government to issue the notice of the adoptee having been agreed to be adopted.
Clause 8 Foreigners come to China for adopting children, shall personally go through the procedures in China. If the couple jointly adopt the child, shall jointly go through the adoption procedure in China, in case one party can not come to China due to certain reason, he or she shall trust another party in writing. Letter of attorney shall be notarized and certified by the located country.
Clause 9 Foreigners come to China for adopting the child, shall sign the adoption agreement in writing with the person sending the adoptee. The agreement is in triplicate, the adopter and adoptee sending personnel shall respectively take one copy, and the adoption registration institution shall take one for record upon handling the adoption registration procedures.
After signing of the agreement in writing, parties concerned of the adoption relationship shall jointly go through adoption registration at the civil affairs institution of the provincial, autonomous region and municipal people’s governments where the registered permanent residence of the adoptee is located.
Clause 10 Upon handling the adoption registration for parties concerned with adoption relationship, shall fill in foreigner’s adopting child registration application letter in China and submit the adoption agreement, at the same time, respectively provide the relevant information.
The adopter shall provide the following information:
(I) Child adoption notice in China issued by China Adoption Organization;
(II) ID certification and photo of the adoption person.
Person sending the adoptee shall provide the following information:
(I) Notice of the adoptee agreeing to be adopted issued by civil affairs institutions of the provincial, autonomous region and the municipality people’s governments;
(II) Residence booklet and residence ID card of person sending the adoptee (if social welfare institution is the person sending the adoptee, ID certificate of the person in charge is required), and photo of the adoptee.
Clause 11 After the adoption registration institution receives application of foreigners for adopting the child in China and related information of the adopter, adoptee and personnel sending the adoptee, shall conduct examination within 7 days from the next day, in conforming to the stipulation of this provision, it shall go through the adoption registration and issue adoption registration certificate. Adoption relationship is established from the date of registration.
Adoption registration institution shall notify the registration results to China Adoption Organization.
Clause 12 After completing adoption registration by parties concerned with adoption relationship, if every party or one party required to be notarized, shall have adoption notarization at the notarial office with qualification of handling foreign notarization at the adoption registration area.
Clause 13 Before the adoptee leaving the country, adopter shall go through the exit procedures for the adoptee at the public security organs with the adoption registration certificate.
Clause 14 Foreigners adopt children in China shall pay the registration fee to the registration institution. The charge standard of the registration fee shall be executed according to related stipulations of the state.
China Adoption Organization is a non-profit public welfare organ, for providing adoption service to foreign adopter, may collect the service charge. The charge standard of the service fee shall be executed according to related stipulations of the state.
For bringing-up the abandoned infant and children living at the social welfare institutions, the state encourages foreign adopter and foreign adoption institutions to donate to social welfare institution. The donated social welfare institution must use all the donated property in improving the nurturing conditions for bringing up the abandoned infant and children, may not use it for any other purposes, and notify the use situation for the donated property to the donator. The donated social welfare institution shall also accept the supervision of relevant organs, and publicize the use situation of the donated property to the society.
Clause 15 Activities of China Adoption Organization are under the supervision of civil affairs institutions of State Council.
Clause 16 This provision shall be implemented from the date of promulgation. The Implementation Provision of Foreigners Adopting Children in the People’s Republic of China which was approved by State Council on November 3, 1993, promulgated by Ministry of Justice and Ministry of Civil Affairs on November 10, 1993 shall be nullified accordingly.