Traditional Culture Encyclopedia - Almanac inquiry - What do you mean by adoption and adoption?
What do you mean by adoption and adoption?
The following are the conditions and procedures for adoption
Chapter II Establishment of Adoption Relationship
Article 4 The following minors under the age of 14 may be adopted:
(1) Orphans who have lost their parents;
(2) Abandoned babies and children whose biological parents cannot be found;
(3) Children whose biological parents have special difficulties and are unable to support them.
Article 5 The following citizens and organizations may put out children for adoption:
(1) the guardian of orphans;
(2) Social welfare institutions;
(3) biological parents who have special difficulties and are unable to raise their children.
Article 6 An adopter shall meet the following conditions:
(1) No children;
(2) Having the ability to raise and educate the adoptee;
(3) Not suffering from diseases that are medically considered unsuitable for adopting children;
(4) At least 30 years old.
Article 7 If a child who has been adopted by a consanguineous relative of the same generation within three generations is under the age of 14, the restrictions of Article 4, Paragraph 3, Article 5 and Article 9 of this Law may not apply.
Overseas Chinese can adopt children who are collateral relatives of the same generation within three generations, or they can be free from the restriction that the adopter has no children.
Article 8 An adopter can only adopt one child.
The adoption of orphans, disabled children, abandoned babies and children raised by social welfare institutions who can't find their biological parents can be exempted from the restriction that the adopter has no children to adopt one.
Article 9 If a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be over 40 years old.
Article 10 Where a biological parent puts out a child for adoption, both parties shall jointly put it out for adoption. If one parent is unknown or cannot be found, it can be adopted unilaterally.
If a spouse adopts a child, the husband and wife must adopt it together.
Article 11 Adoption by the adopter and the adoptee shall be voluntary. Where a minor over the age of ten is adopted, the consent of the adoptee shall be obtained.
Article 12 If neither parent of a minor has full capacity for civil conduct, the guardian of the minor shall not adopt the minor, unless the parents may cause serious harm to the minor.
Article 13 A guardian must obtain the consent of the person who has the obligation to support the adoption of minor orphans. If the person who has the obligation to support does not agree to the adoption and the guardian is unwilling to continue to perform the guardianship duties, the guardian shall be changed in accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC).
Article 14 A stepfather or stepmother may adopt a stepchild with the consent of the biological parents of the stepchild, and may not be restricted by Article 4, Paragraph 3, Article 5, Paragraph 3 and Article 6 of this Law. If the adoptee is under the age of 14 and adopts one person.
Fifteenth adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoption relationship shall be established from the date of registration.
Where an abandoned baby or child whose biological parents cannot be found is adopted, the civil affairs department that handles the registration shall make an announcement before registration.
If the parties to the adoption relationship are willing to conclude an adoption agreement, they may conclude an adoption agreement.
If the parties or one of the parties to the adoption relationship requests notarization of adoption, they shall do so.
Article 16 After the adoption relationship is established, the public security department shall register the adoptee's household registration in accordance with the relevant provisions of the state.
Article 17 Orphans or children whose biological parents are unable to raise them may be raised by their relatives or friends.
The relationship between the supporter and the dependant does not apply to adoption.
Article 18 If one spouse dies and the other spouse puts out a minor child for adoption, the parents of the deceased spouse shall have priority.
Article 19 A person who puts out a child for adoption shall not give birth to another child in violation of family planning regulations on the grounds of putting out the child for adoption.
Article 20 It is forbidden to buy or sell children or to buy or sell children in the name of adoption.
Article 21 Foreigners may adopt children in People's Republic of China (PRC) in accordance with this Law.
Adoption of children by foreigners in People's Republic of China (PRC) (China) should be examined and approved by the competent authorities of the host country according to the laws of that country. The adopter shall provide proof materials such as the adopter's age, marriage, occupation, property, health status and whether he has been subjected to criminal punishment. Issued by the local state-owned organ, and the certification materials shall be certified by the agency authorized by the foreign country diplomatic authorities or diplomatic authorities, and certified by the embassy or consulate of People's Republic of China (PRC) in that country. The adopter shall conclude a written agreement with the adopter and register with the civil affairs department of the provincial people's government in person.
If one or both parties to the adoption relationship request for adoption notarization, they shall go to a notarization institution with foreign-related notarization qualification recognized by the judicial administrative department of the State Council for adoption notarization.
Article 22 Where the adopter or the person placing out the child for adoption requests to keep the adoption confidential, others shall respect their wishes and shall not disclose them.
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