Laws of the People's Republic of China

    Article 1  These Implementation Measures are formulated in accordance
with the Adoption Law of the People's Republic of China (hereinafter
referred to as the Adoption Law).

    Article 2  These Measures are applicable to the adoption of Chinese
citizens' children by foreigners within the territory of the People's
Republic of China (hereinafter referred to as in China).

    Where on party of the conjoints is a foreigner, the adoption of Chinese
citizens' children in China by the said conjoints shall also be handled in
accordance with these Measures.

    Article 3  The adoption of children in China by foreigners shall be
conducted in conformity with the provisions of the Adoption Law and shall
not be in violation of the law of the country of the adopter's habitual
residence.

    The adopter may only adopt one child.

    Article 4  With regard to the adoption of a child in China by a foreigner,
an adoption application shall be transmitted by the relevant government or the
adoption organization entrusted by the relevant government to the adoption
organization entrusted by the Chinese Government, accompanied by a report on
the adopter's family background and relevant certificates.

    The adopter's application, family background report and certificates
prescribed in the preceding paragraph refer to the following documents
notarized by the notary office or a notary of the country of his habitual
residence and authenticated by the foreign affairs ministry or the agency
authorized by the foreign affairs ministry of the country of his habitual
residence and by the Embassy or Consulate of China in the country concerned:

    (1) adoption application;

    (2) birth certificate;

    (3) marital status certificate;

    (4) certificates of profession, income and property;

    (5) health examination certificate;

    (6) certificate of criminal record;

    (7) certificate of child adoption approval by the competent authorities
of the adopter's country of habitual residence;

    (8) family background report, including the status of the adoption
applicant, the qualification and appropriateness of the adoption, family
conditions health history, adoption motive and features suitable for the
care of the child.

    With regard to the adoption of children in China by foreigners who have
continuously lived in China for work or study for over one year, a marital
status certificate, certificates of profession, income and property, and
certificate of criminal record issued by his unit in China, and health
certificate issued by a medical unit at or above the county level in China,
shall be submitted, in addition to the submission of the application, family
background report and certificates prescribed in the preceding paragraph
(except for Item (5)).

    Article 5  The Chinese adoption organization may, after receiving the
application, report and relevant certificates transmitted by a foreign
government or its entrusted adoption organization, assist the adopter in
seeking the prospective adoptee if it regards the case to be in conformity
with the provisions of the Adoption Law.

    Article 6  In addition to the submission of the residence identity card,
domicile booklet (the identity certificate of the responsible person shall be
submitted if a social welfare institution acts as the one who places out the
child for adoption), and the certificates of the conditions of the adopted
person, the person placing out the child for adoption shall submit to the
Chinese adoption organization the following certifying materials:

    (1) When the natural parents(including the divorced) acts as the person
placing out the child for adoption, a written consent of both parents on the
placing out shall be submitted;

    (2) Where a natural father or mother acts as the persons placing out his
or her child for adoption when the spouse of the parent has died or can not
be located, the certificate of death of the spouse or the certificate that
the spouse can not be located and the announcement of the parents of the dead
spouse or the spouse who can not be located on giving up the priority of the
adoption shall be submitted;

    (3) Where the guardian of the adoptee acts as the person placing out
the child for adoption when both parents of the adoptee do not have full
civil capacity, the guardian shall provide the certificate of guardianship and
the certificate that both parents of the adoptee do not have full civil
capacity which result in serious harm to the adoptee;

    (4) Where the guardian of the adoptee acts as the person placing out the
child for adoption when both parents of the adoptee have died, the death
certificate of the adoptee's natural parents, the certificate of guardianship
and the written consent of other persons bearing the upbringing
responsibility shall be submitted;

    (5) Where the social welfare institution acts as the one that places
out the child for adoption, the certificate of the situation in the
abandonment and discovery of the abandoned infant or child and the certificate
of the process of the search of his or her parents or guardians issued by the
social welfare institution shall be submitted; where the adoptee is an
orphan, the certificate of death or notice of death of the parents and the
written consent of other persons bearing responsibility for upbringing the
child regarding the adoption shall be submitted.

    (6) Where a handicapped child is to be placed out for adoption, a
disability certificate issued by the hospital at or above the county level
shall be submitted.

    Article 7  Where the Chinese adoption organization considers that the
person placing out the child for adoption meets the provisions of the
Adoption Law, the family background reports of the person placing out the
child for adoption and the adoptee shall be sent to the foreign government or
its entrusted adoption organization concerned and a notice of coming to china
for adoption of the child shall be sent to the adopter.

    Article 8  The foreign adopter, after confirming the adoptee, shall
conclude a written agreement with the person placing out the child for
adoption.

    After the conclusion of the written agreement, parties involved in
the adoptive relationship shall go in person to the civil administration
department of the local people's government at or above the county level
where the adoptee's domicile locates to handle the adoption registration.

    Where the conjoints jointly adopt the child but one of them can not come
to China for the process, he or she may entrust the other in a written form.
The power of attorney shall be both notarized and authenticated.

    Article 9  In handling the adoption registration, the adopter and the
person placing out the child for adoption shall respectively provide
relevant materials.

    The adopter shall provide the following materials:

    (1) the notice of coming to China for adoption of the child issued by the
Chinese adoption organization;

    (2) the adopter's identity certificate and his photo;

    (3) the written agreement reached between the adopter and the person
placing out the child for adoption.

    The person placing out the child for adoption shall provide the following
materials:

    (1) his residence identity certificate, domicile booklet and the adoptee's
photo;

    (2) the Chinese adoption organization's documents approving the person
to place out the adoptee.

    Article 10  With regard to cases conforming to the provisions of
Article 9 of these Measures, the adoption registration organ shall, after
its review, register the adoption and issue an adoption registration
certificate within three days after the date of receiving the adoption
registration application.

    Article 11  After the registration of the adoption, parties involved in
the adoptive relationship shall handle the adoption notarization in person at
the notary office of the place where the adoption registration organ is
located.

    Article 12  In handling the notarization of the adoption, the adopter and
the person placing out the child for adoption shall provide the following
materials:

    (1) adoption registration certificate;

    (2) materials prescribed in Article 9 of these Measures.

    Article 13  With regard to cases conforming to the provisions of
Article 12 of these Measures, the notary office shall notarize the adoption
within three days after the date of receiving the adoption notarization
application and inform the Chinese adoption organization.

    Article 14  Before the adoptee exits from China, the adopter shall undergo
exit procedure for the adoptee at the public security organ of the adoptee's
domicile location on the strength of the adoption registration certificate
and the notary certificate.

    Article 15  The Chinese adoption organization shall keep the case file of
the parties involved in the adoptive relationship in proper care.

    Article 16  The Chinese adoption organization shall be subject to the
supervision of the justice administration department and the civil affairs
department of the State Council.

    Article 17  A foreign adopter who adopts a child in China shall pay the
registration fee and the notarization fee respectively to the registration
department and notary office. The standards and management rules for the
registration fee and the notarization fee shall be implemented in accordance
with the regulations of the state price administration department and the
Ministry of Finance.

    The Chinese adoption organization may collect service fees. The standards
for the service fees shall be regulated by the state price administration
department and the Ministry of Finance.

    The adopter may consult with the person placing out the child for
adoption on the payment of the adoptee's rearing fee. The rearing fee paid
by the adopter to the social welfare institution may only by used for the
improvement of the welfare institution's facilities and may not be diverted
for other purposes.

    Article 18  These Measures shall come into force on the date of
promulgation.