Marriage and Adoption

Adoption

(chinadaily.com.cn)
Updated: 2014-01-21

A total of 17 countries have established cooperative relationships with China concerning intercountry adoption. Only citizens of these countries can adopt children from China.

Frequently asked questions:     

1. How do foreign nationals apply for an adoption notary?   

According to the Measures of Registration of Adoption of Chinese Children by Foreigners in the PRC, foreign adopters must seek the services of an adoption notary at a local notary agency - if required by either the adoptee’s side or the adopters.

2. An overseas national is required to pay which fees during the adoption process?

Foreign adopters who come to China to adopt Chinese children are required to pay the China Adoption Affairs Office service fees, registration agency registration fees, notarization fees and also the cost of the adopted child’s passport.

3. What are the limitations for foreign adopters who already have children?

The China Adoption Affairs Office gives preference to adoptive families with a maximum of two children. The office does not usually arrange adoptions for adoptive families with five or more children.

4. How many Chinese children can be adopted by one foreign adopter at a time?

Normally, a foreign adopter can adopt one Chinese child at a time - but there are exceptions for twins or siblings who are living in the same welfare agencies. Foreign adopters who have already adopted one Chinese child and who wish to adopt more Chinese children may apply again after one year.

5. Can a foreign adopter who has a criminal record adopt Chinese children?

The China Adoption Affairs Office does not usually accept applications from foreign adopters with criminal records. However, there are certain exceptions, including applicants who have been convicted of minor misdemeanors and those who have not re-offended.

6. Are there any measures to speed up the application process?

There are two main options:

6.1 Foreign adopters will likely be given priority if they are seeking to adopt a child living in a social welfare institution, and also if:

A. The foreign adopters are under 45 years old and applying to adopt a child under 3 years of age

B. The foreign adopters are over 45 years old and applying to adopt a child over the age of 6

C. The foreign adopters are seeking a child with special needs recommended by the China Adoption Affairs Office

D. One or both of the adoptive parents is an overseas Chinese

E. The foreign adopters have been working or studying in China for more than a year

6.2 Foreign adopters who wish to speed up the adoption process can submit a written application to the China Adoption Affairs Office through the local government or the authorities commissioned by the adoption organization.

7. How does the China Adoptive Affairs Office accept applications from foreign adopters?

After receiving the required documents and materials and receipt of payment of the service fees, the China Adoptive Affairs Office registers the application and sends a written notice to adoption offices and organizations within 30 days.

8. Can foreign nationals who are single adopt Chinese children?

Single foreign adopters are eligible to adopt Chinese children if they meet the conditions mentioned in the Adoption Laws. However, the state considers that it is in the child’s best interests to live with parents in an adoptive family. Therefore, the China Adoption Affairs Center usually gives priority to foreign couples.

9. How can foreign adopters apply for a suspension of the adoption process?

Foreign adopters who wish to suspend the adoption processes may submit a written request to the China Adoption Affairs Center through the local government or adoption organization. The adoption process can be suspended for a maximum of 12 months. If the suspension lasts over 12 months, the application process will be terminated.

10. Can an adoptee – the legal representative of the child - apply for a termination of the adoption process?

An adoptee can apply for the termination of the adoption process by submitting a written request to the China Adoption Affairs Center through the local government or the adoption organization. The written request should include the name of the adoptee, the date of application, the reason for the termination, the account and name of the adoption organization, the signature of the head of the adoption organization or the signature of the department head. After receipt of this written request, the China Adoption Affairs Center will return the adoption documents and materials to the local government or the adoption organization – in addition to part of the service fees, according to the particular circumstances.

11. How does the adopter handle the exit formalities for the adoptee?

According to the Measures of Registration of Adoption of Chinese Children by Foreigners in the PRC, the adopter is required to take the Adoption Registration Certificate to the local public security bureau to prepare the exit formalities for the adoptee.

12. What is the submission process for Post Placement Reports to the China Adoption Affairs Center?

If the adoptee immediately acquires the citizenship of the adopter, the China Adoption Affairs Center requires that the adoption organization must submit a total of two Post Placement Reports – one every six months - in the first year of adoption. If the adoptee does not immediately acquire the citizenship of the adopter, the adoption organization is required to submit a Post Placement Report every six months - until the adoptee acquires the citizenship of the adopter.

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