China Justice Observer

中司观察

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Who May Adopt, Be Adopted, or Place a Child for Adoption?

Adopters shall meet all of the following requirements:

  1. be without any child or with only one child;
  2. be capable of raising, educating and protecting the adoptee;
  3. not suffer from such disease as is medically regarded as unfit for adopting a child; and
  4. have no illegal or criminal record that is adverse to the healthy growth of the adoptee; and
  5. have reached the age of 30.

Minors listed below may be adopted:

  1. orphans bereaved of parents;
  2. minors whose biological parents cannot be found; or
  3. children whose biological parents cannot raise them due to unusual difficulties.

The following individuals or institutions shall be entitled to place out children for adoption:

  1. guardians of an orphan;
  2. institutions for children's welfare;
  3. biological parents who are unable to raise their children due to unusual difficulties.

In addition, an adopter without child may adopt two children; while an adopter with children may adopt only one child.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1093, 1094, 1098, 1099, 1100

 

Contributors: CJO Staff Contributors Team

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