China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

How Can Foreigner Adopt Child from China?

The foreigner may adopt children in China in accordance with the law and shall fulfill the same requirements as the Chinese adopter.

Step 1: the foreign adopter shall prepare the supporting materials issued by the competent authority of the country in which the adopter resides, certifying his/her age, marriage, occupation, property, health and whether he/she has been subject to criminal punishment. The materials shall be authenticated by a foreign affairs institution of the adopter's country or by an agency authorized by the said institution, and shall be certified by the embassy or consulate of the people's Republic of China in that country.

Step 2: a foreigner shall, through the government of his/her country or the adoption organization entrusted by the government of the his/her country (hereinafter referred to as the foreign adoption organization), transfer the adoption application to the adoption organization entrusted by the Chinese government (hereinafter referred to as the Chinese adoption organization) and submit the adopter's supporting materials.

Step 3: China’s adoption organizations examine the adoption applications and relevant certificates of the foreign adopter, select candidates from the list of adoptees prepared by provincial civil affairs departments in China, and submit them to the foreign adopters.

Step 4: the foreign adopter chooses the adoptee.

Step 5: an adoption agreement is to be signed between the foreign adopter and the Chinese individual or institution placing out the child for adoption.

Step 6: the foreign adopter comes to China in person to go through the adoption registration procedures with the Chinese individual or institution placing out the child for adoption.

Step 7: the foreign adopter shall go through the border exit formalities for the adoptee with his/her adoption registration certificate.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1109;

Measures for the Registration of Child Adoption in the People's Republic of China by Foreigners.

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.

China Enhances Legal Aid Law Implementation

In November 2023, China’s Supreme People’s Court and other top judicial bodies jointly issued measures to implement the Legal Aid Law, clarifying responsibilities and ensuring parties' rights to legal aid.

China Revises Marine Environment Protection Law

In October 2023, the Standing Committee of the National People's Congress, China's legislature, promulgated the newly revised Marine Environment Protection Law, which imposes stricter regulations on activities in the marine environment and prohibits certain discharges and dumping.