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ADOPTION
LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 23rd Meeting of the Standing Committee of the Seventh
National People's Congress on December 29, 1991, promulgated by
Order No. 54 of the President of the People's Republic of China on
December 29, 1991)
SUBJECT: FAMILY LAW
ISSUING-DEPT: THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
ISSUE-DATE: 12/29/1991
IMPLEMENT-DATE: 04/01/1992
LENGTH: 2149 words
TEXT:
CONTENTS
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
CHAPTER I GENERAL PROVISIONS
Article 1 This Law is enacted to protect the lawful adoptive relationship
and to safe-guard the rights of
parties involved in the adoptive relationship.
Article 2 Adoption shall be in the interest of the upbringing and
growth of adopted minors, in conformity
with the principle of equality
and voluntariness, and not in contravention of social morality.
Article 3 Adoption shall not contravene laws and regulations on family
planning.
CHAPTER II ESTABLISHMENT OF ADOPTIVE RELATIONSHIP
Article 4 Minors under the age of 14, as enumerated below, may be
adopted:
(1) orphans bereaved of parents;
(2)abandoned infants or children whose parents cannot be ascertained
or found; or
(3) children whose parents are unable to rear them due to unusual
difficulties.
Article 5 The following citizens or institutions shall be entitled
to place out children for adoption:
(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 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.
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.
Article 8 The adopter may adopt one child only, male or female.
Orphans or disabled children may be adopted irrespective of the restrictions
that the adopter shall be childless,
reach the age of 35 and adopt
one child only.
Article 9 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.
Article 10 Where the 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.
Article 11 Adoption of a child and the placing out of the child for
the adoption shall both take place on
a voluntary basis.
Where the adoption involves a minor aged 10 or more, the consent of
the adoptee shall be obtained.
Article 12 If the parents of a minor are both persons without full
civil 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.
Article 13 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. 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.
Article 14 A step-father or step-mother may, with the consent of the
parents of the stepson or step-daughter,
adopt the step-son or step-
daughter, 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.
Article 15 Whoever adopts an abandoned infant or child whose parents
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.
Apart from the provisions of the preceding paragraph, a written agreement
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.
Article 16 Orphans or children whose parents are unable to rear them
may be supported by relatives or friends
of their parents.
The adoptive relationship shall not apply to the relationship between
the supporter and the supported.
Article 17 Where a spouse places out a minor child for adoption after
the death of the other spouse, the
parents of the deceased shall have
the priority in rearing the child.
Article 18 Persons having placed out a child for adoption may not
bear any more child, in violation of the
regulations on family planning,
on the ground of having placed out their child for adoption.
Article 19 It is strictly forbidden to buy or sell a child or to do
so under the cloak of adoption.
Article 20 A foreigner may, in accordance with this Law, adopt a child
(male or female) in the People's
Republic of China.
With respect to the adoption by a foreigner in the People's Republic
of 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.
Article 21 When the adopter and the person placing out the child for
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
Article 22 As of the date of establishment of the adoptive relationship,
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.
The rights and duties in the relationship between an adopted child
and his or her parents and other close relatives shall terminate with
the establishment of the adoptive
relationship.
Article 23 An adopted child may adopt his or her adoptive father's
or adoptive mother's surname, and may
also retain his or her original
surname, if so agreed through consultation between the parties concerned.
Article 24 Any act of adoption contravening the provisions of Article
55 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.
Any act of adoption ruled to be invalid by a people's court shall
be of no legal validity from the very
start of the act.
CHAPTER IV TERMINATION OF THE ADOPTIVE RELATIONSHIP
Article 25 No adopter may terminate the adoptive relationship before
the 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.
Where an adopter fails to perform the duty of rearing the adoptee
or 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.
Article 26 Where the relationship between the adoptive parents and
an adult adopted child deteriorates to
such a degree that their living
together in a same household becomes impossible, they may terminate
their
adoptive relationship be agreement. In the absence of an agreement,
they may bring a suit in a people's court.
Article 27 To terminate an adoptive relationship, the parties concerned
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.
Article 28 Upon termination of an adoptive relationship, the rights
and 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 consolation as to whether to
restore them.
Article 29 Upon termination of an adoptive relationship, an adult
adopted 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.
If the parents of an adopted child request the termination of the
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
Article 30 Whoever abducts and traffics in a child under the cloak
of 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.
Whoever abandons an infant shall be imposed upon a fine of not more
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.
Whoever sells his or her own child shall be punished in accordance
with the provisions in the second paragraph
of this Article.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 31 The people's congress and its standing committee in a 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.
The relevant regulations of a national autonomous region shall be
submitted to the Standing Committee of
the National People's Congress
for the record. The relevant regulations of an autonomous prefecture
of
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.
Article 32 The State Council may, in accordance with this Law, formulate
measures for its implementation.
Article 33 This Law shall enter into force as of April 1, 1992.
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