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Category | MARRIAGE AND FAMILY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
Date of Promulgation | 1998-11-04 | Effective Date | 1999-04-01 |
Decision on the Revision of the Adoption Law of the People's Republic of China by the Standing Committee of the National People's Congress |
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The 5th Meeting of the Standing Committee of the 9th National People's
Congress hereby decides to make the following revisions in the Adoption Law
of the People's Republic of China:
I.Article 2 shall be revised to read as:"Adoption should in the interest
of the upbringing and growth of the minors adopted, safeguarding of the
legitimate rights and interests of the person adopted and the consignee
following the principle of equality and voluntariness, and should not violate
social ethics."
II.A section shall be added in Article 6 to read as the Third Section:
"(3)those who have not contracted disease(s) that is(are) considered medically
not advisable to adopt children;"
The Third Section shall be revised to read as the Fourth Section:
"(4)at the age of 30 full years."
III.The First Paragraph of Article 7 shall be revised to read as:
"Adoption of a child of collateral relative by blood of the same
generation and up to the third degree of kinship may not be subjected to the
restrictions of Section (3) of Article 4, the Section (3) of Article 5,
Article 9 of this Law and the adopted minor under the age of 14 full years."
IV.The Second Paragraph of Article 8 shall be revised to read as:
"Adoption of orphans, disabled children or abandaned infants or children
under the care of social welfare institutions whose own parents cannot be
ascertained and found may not be subjected to restrictions of the consignee
being childless and of adoption of one child."
V.Article 14 shall be revised to read as:"A stepfather or stepmother
may, with the consent of his/her own parents of the stepson or stepdaughter,
adopt the stepson or stepdaughter and such adoption may not be subjected to
restrictions of Section (3) of Article 4, Section (3) of Article 5 and
Article 6 of this Law and the restriction that the adopted minor must be
under 14 full years of age as well as adoption of one child."
VI.The First Paragraph of Article 15 shall be revised to read as:
"The adoption should be registered with the civil affairs department of
people's government above the county level. The adoptive relationship
shall be established as of the date of registration."
A paragraph shall be added to read as the Second Paragraph:"For
adoption of abandoned infants and children whose own parents cannot
be ascertained and found, the civil affairs departments handling the
registration should make an announcement prior to the processing of registration."
The Second Paragraph shall be revised to be two paragraphs as
the Third Paragraph and the Fourth Paragraph which read as:"The parties
concerned to the adoptive relationship willing to conclude an adoption
agreement may conclude the adoption agreement.
"When both sides or one side of the parties concerned to the adoptive
relationship request(s) notarization for the adoption, notarization for the
adoption should be completed."
VII.An article shall be added to read as Article 16:"The public security
department should, upon establishment of the adoptive relationship,
process household registration for the adopted minor pursuant to relevant
state provisions."
VIII.Article 20 shall be turned into Article 21, the Second Paragraph
shall be turned into two paragraphs as the Second Paragraph and the Third
Paragraph which read as:"Adoption of children by an alien in the People's
Republic of China should be subject to the examaination and approval of the competent organ of the country of domicile purauant to
laws of the
said country. The consignee should provide certification on such particulars
as age, marital status, occupation, property, health and whether or not he/she
has been subjected to criminal penalty issued by an organ with authority of his/her country of domicile. The said certification should
be authenticated
by the organ of foreign affairs or the institution authorized by the organ
of foreign affairs of the country of domicile, and authenticated by the
Embassy or Consulate of the People's Republic of China in the said country.
The said consignee should conclude an agreement in writing with the consignor,
and enter into registration at the civil affairs department of people's
government at the provincial level in person.
"When both sides or one side of the parties concerned to the adoptive
relationship request(s) notarization for adoption, notarization for the
adoption should be completed at a notary organ with qualifications of
handling foreign-related notarization confirmed by the department of justice
administration under the State Council."
IX.Article 27 shall be turned into Article 28 which shall be revised
to read as:"The parties concerned who agree to terminate the adoptive
relationship should go through registration for the termination of the
adoptive relationship at the civil affairs department."
X.Article 30 shall be turned into Article 31, the First Paragraph shall
be revised to read as:"Whoverer abducts and sells children under the cloak of adopdtion shall be investigated for criminal liability
according to law."
The Second Paragraph shall be revised to read as:"Whoever abandons an
infant shall be imposed a fine by the public security department; where a
crime has been constituted, criminal liability shall be investigated
according to law."
The Third Paragraph shall be revised to read as:"Whoever sells his/her/
their own child(children) shall be confisticated of the illegal income and
imposed a fine by the public security department; where a crime has been
constituted, criminal liability shall be investigated according to law.
XI.This Decision shall enter into force as of April 1, 1999. No
registration shall be processed for the establishment or termination of adoptive relationship in pursuance of the Adoption Law of
the People's
Republic of China pending the implementation of this Decision.
Corresponding revisions of the Adoption Law of the People's Republic of China shall be made in accordance
with this Decision and promulgated again. Chapter I General Provisions Chapter II Establishment of Adoptive Relationship Chapter III Validity of Adoption Chapter IV Termination of Adoptive Relationship Chapter V Legal Responsibility Chapter VI Supplementary Provisions Article 1 This Law is enacted to protect the lawful adoptive relationship Article 2 Adoption shall be in the interest of the upbringing and growth Article 3 Adoption shall not contravene laws and regulations on family Article 4 Minors under the age of 14 full years, as enumerated below, may (1) orphans bereaved of parents; (2) abandoned infants or children whose own parents cannot be ascertained (3) children whose own parents are unable to rear them due to unusual Article 5 The following citizens or institutions shall be entitled to (1) guardians of orphans; (2) social welfare institutions; (3) those who have not contracted disease(s) that is(are) considered (4) having reached the age of 30 full years. Article 6 Consignees shall meet simultaneously the following (1) being childless; (2) capable of rearing and educating the person adopted; (3) haveing contracted no disease considered medically undesirable for (4) having reached the age of 30 full years. Article 7 Adoption of a child of a collateral relatiive by blood of the An overseas Chinese, in adopting a child belonging to a collateral Article 8 The consignee may adopt one boy or girl only. Adoption of orphans, disabled children or abandoned infants or children Article 9 Where a male person without spouse adopts a female child, the Article 10 Where the parents intend to place out their child for Where a person with spouse adopts a child, the husband and wife must Article 11 Adoption of a child and the placing out of the child for Article 12 If the parents of a minor are both persons without full civil Article 13 Where a guardian intends to place out an orphaned minor for Article 14 A stepfather or stepmother may, with the consent of his/her Article 15 The adoption should be registered with the civil affairs For adoption of abandoned infants and children whose own parents cannot The parties concerned to the adoptive relationship willing to conclude When both sides or one side of the parties concerned to the adoptive Article 16 The public security department should, upon establishment of the adoptive relationship, process household registration
for the adopted Article 17 Orphans or children whose own parents are unable to rear The adoptive relationship shall not be applicable to the relations Article 18 When death occurs to one side of the spouses, and the other Article 19 Persons having placed out a child for adoption may not bear Article 20 Buying and selling of children or buying and selling of children under the cloak of adoption shall be strictly prohibited. Article 21 An alien may, in accordance with this Law, adopt a child Adoption of children by an alien in the People's Republic of China When both sides or one side of the parties concerned to the adoptive Article 22 When the consignee and the consignor request secrecy of the Article 23 As of the date of establishment of the adoptive relationship, The rights and obligations in the relationship between an adopted child Article 24 An adopted child may adopt his or her adoptive father's or Article 25 Any act of adoption contravening the provisions of Article 55 Any act of adoption ruled to be invalid by a people's court shall be of Article 26 No consignee may terminate the adoptive relationship before Where a consignee fails to perform the obligation of rearing and Article 27 Where the relationship between the adoptive parents and an Article 28 The parties concerned shall, upon reaching an agreement on Article 29 Upon termination of the adoptive relationship, the rights and Article 30 Upon termination of the adoptive relationship, an adult If his or her own parents of an adopted child request the termination of Article 31 Whoever kidnaps and traffics children under the cloak of Whoever abandons an infant shall be imposed a fine by a public security Whoever sells his or her own child(children) shall be confisticated of the illegal income and imposed a fine
by a public security organ; where a Article 32 People's congresses and their standing committees of Article 33 The State Council may, in accordance with this Law, formulate Article 34 This Law shall enter into force as of April 1, 1992.
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Appendix:Adoption Law of the People's Republic of China
(Adopted at the 23rd Meeting of the Standing Committee of the 7th National
People's Congress on December 29, 1991 and revised in accordance with the
Decision on the Revision of the Adoption Law of the People's Republic of China taken by the 5th Meeting of the Standing Committee
of the 9th National
People's Congress on November 4, 1998)
Contents
Chapter I General Provisions
and to safeguard the rights of parties involved in the adoptive relationship.
of minors adopted, safeguarding of the legitimate rights and interests of the
person adopted and the consignee, following the principle of equality
and voluntariness, and shall not violate social ethics.
planning.
Chapter II Establishment of Adoptive Relationship
be adopted:
and found; or
difficulties.
place out children for adoption:
medically not advisable to adopt children; and
requirements:
adoption of children; and
same generation and up to the third degree of kinship may not be subjected to
the restrictions specified of Section (3) of Article 4, Section (3) of Article
5, Article 9 of this Law and the adopted minor under the age of 14 full years.
relative by blood of the same generation and up to the third degree of
kinship, may even be not subjected to the restriction of the consignee being
childless.
under the care of social welfare instituions whose own parents cannot
be ascertained and found may not be subjected to the restrictions of the
consignee being childless and of adoption of one child.
age difference between the consignee and the person adopted shall be no less
than over 40 full years.
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.
adopt the child in concert.
adoption shall take place on a voluntary basis on both sides. Where the
adoption involves a minor above the age of 10 full years, the consent of the
person adopted shall be obtained.
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.
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/her 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.
own parents of the stepson or stepdaughter, adopt the stepson or stepdaughter,
and such adoption may not be subjected to the restrictions of Section (3) of Article 4, Section (3) of Article 5 and Article 6 of
this Law, and
the restriction that the adopted minor must be under the age of 14 full
years as well as adoption of one child.
department of people's government above the county level. The adoptive
relationship shall be established as of the date of registration.
be ascertained and found, the civil affairs department handling registration
should make an announcement prior to the processing of registration.
an adoption agreement may conclude the adoption agreement.
relationship request(s) notarization for adoption, notarization for the
adoption should be completed.
minor pursuant to relevant state provisions.
them may be raised by the relatives or friends of their own parents.
between the supporter and the supported.
side intends to place out the minor for adoption, the parents of the deceased
have priority rights to raise the child.
any more child, in violation of the regulations on family planning, on the
ground of having placed out their child for adoption.
(male or female) in the People's Republic of China.
should be subject to the examination and approval of the competent organ
of the country of domicile pursuant to laws of the said country. The
consignee should provide certification on such particulars as age, marital
status, occupation, property, health and whether or not he/she has been
subjected to criminal penalty issued by an organ with authority of his/her
country of domicile. The said certification should be authenticated by the
organ of foreign affairs or the institution authorized by the organ of foreign affairs of the country of domicile and authenticated
by the Embassy
or Consulate of the People's Republic of China in the said country. The said
consignee should conclude an agreement in writing with the consignor,
and enter into registation at the civil affairs department of people's
government at the provincial level in person.
relationship request(s) notarization for adoption, notarization for the
adoption should be completed at a notary organ with qualifications of handling
foreign-related notarization confirmed by the department of justice
administration under the State Council.
adoption be kept, others shall respect their wishes and shall not make a
disclosure thereof.
Chapter III Validity of Adoption
the legal provisions governing the relationship between parents and children
shall apply to the rights and obligations 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 obligations in the relationship between adopted children and close
relatives of the adoptive parents.
and his or her own parents and other close relatives shall terminate with the
establishment of the adoptive relationship.
adoptive mother's surname, and may also retain his or her original surname,
if so agreed through consultation between the parties concerned.
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.
no legal validity from the very start of the act.
Chapter IV Termination of the Adoptive Relationship
the adopted person comes of age, except when the consignee and the consignor
for the adoption agree to terminate such relationship. If the adopted child
involved reaches the age of 10 full years or more, his or her consent shall
be obtained.
commits maltreatment, abandonment, or other acts of encroachment upon the
lawful rights and interests of the minor adopted child, the consignor
for adoption shall have the right to demand termination of the adoptive
relationship. Where the comsignee and the consignor for adoption fail to
reach an agreement thereon, a suit may be filed in a people's court.
adult adopted child deteriorates to such a degree that their living together
in a same household becomes impossible, they may terminate their adoptive
relationship by agreement. In the event of failure to reach an agreement,
a suit may be filed in a people's court.
the termination of the adoptive relationship, go through the registration for
the termination of the adoptive relationship at a civil affairs department.
obligations in the relationship between an adopted child and his or her
adoptive parents and other close relatives shall also terminate, and the
rights and obligations in the relationship between the child and his or her
own parents and other close relatives shall be restored automatically.
However, with respect to the rights and obligations in the relationship
between an adult adopted child and his or her own parents and other close
relatives, it may be decided through consultation as to whether to restore
them.
adopted child who has been reared by the adoptive parents shall provide
alimony for 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 adopted child on
reaching adulthood, the adoptive parents may demand a compensation from
the adopted child for the living and education expenses paid during the
period of adoption.
the adoptive relationship, the adoptive parents may demand an appropriate
compensation from his or her own 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 abandonment of the adopted child
by the adoptive parents.
Chapter V Legal Responsibility
adoption shall be investigated for criminal responsibility in accordance with
law.
organ; where a crime has been constituted, criminal responsibility shall be
investigated according to law.
crime has been constituted, criminal responsibility shall be investigated
according to law.
Chapter VI Supplementary Provisions
autonomous areas of nationalities may, on the basis of the principles of
this Law and in the light of the local conditions, formulate adaptive or
supplementary provisions. Provisions of autonomous regions shall be
submitted to the Standing Committee of the National People's Congress for the
record. Provisions of autonomous prefectures or autonomous counties shall be
submitted to the standing committees of the provincial or autonomous regions'
people's congresses for approval before coming into force, and shall also be
submitted to the Standing Committee of the National People's Congress for the
record.
measures for its implementation.
URL: http://www.asianlii.org/cn/legis/cen/laws/dotrotalbtscotnpc927