Procedures for Overseas Chinese in Britain to Adopt Children from China

Article 21 of the Adoption Law of People's Republic of China (PRC) stipulates that foreigners may adopt children in People's Republic of China (PRC) according to this law. This shows that foreigners can adopt children in China as adopters.

However, China's adoption law has detailed provisions on the adoption conditions and procedures of foreigners, which are different from those of China citizens. This is entirely based on the rights and interests of the adoptee and is a special protection for the adoptee. The Adoption Law stipulates that the adoption of children by foreigners in People's Republic of China (PRC) shall be examined and approved by the competent authorities of the host country in accordance with 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 his state-owned institution. The certification materials shall be certified by foreign institutions authorized by diplomatic authorities or diplomatic authorities, and certified by the people of China and the embassies and consulates of China 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 notarization of adoption, they shall go to a notarization institution with the qualification of notarization of foreign affairs recognized by the judicial administrative department of the State Council. "

Legal basis for adoption

On April 27th, 2005, the 15th meeting of the Standing Committee of the 10th NPC of China decided to ratify the Convention on Protection of Children and Cooperation in Intercountry Adoption adopted by The Hague Conference on Private International Law on May 29th, 2000165438+1October 30th. The Preamble of the Convention stipulates: "The signatories of this Convention recognize that children should grow up in a family environment full of happiness, love and understanding, so as to promote the perfection and coordinated development of their personality, and call on each country to take appropriate measures to enable children to continue to be cared for by their birth families, and take this as a priority, recognizing that international adoption can provide permanent family convenience for children who cannot find a suitable family in their country of origin. Recognizing the need to take measures to ensure intercountry adoption on the basis of the best interests of children and respect for their basic rights, and to prevent abduction, trafficking or sale of children, I hope that the same rules will be formulated for this purpose. " The Ministry of Civil Affairs of China, as the designated central organ, is responsible for the tasks stipulated in this Convention.

Adoption Agreement At present, China has established cross-border adoption assistance relations with the United States, Britain, France, Canada, Spain, Sweden, Norway, Iceland, Denmark, Ireland, Belgium, Finland, the Netherlands, New Zealand, Singapore, Australia, Italy and other countries 17.

China Law Since 1990s, adoption laws and regulations in China have been promulgated one after another. For example, 1 April 19921day came into effect, and1September 19981October 4, the People's Republic of China (PRC) Adoption Law revised by the Fifth Session of the Ninth NPC Standing Committee of China; The Measures for the Registration of Children Adopted by Citizens of China, the Measures for the Registration of Children Adopted by Foreigners in People's Republic of China (PRC), and the Provisions on the Jurisdiction of Overseas Chinese and China Citizens Living in Hongkong, Macau and Taiwan Province for Adoption Registration, as well as the required documents and certification materials, came into effect on May 25th. 1999.

What the registration department and notary certification should do

● The departments that handle the adoption registration in mainland China, where both adopters are overseas Chinese, shall handle the matter with the civil affairs department of the people's government of the municipality directly under the central government, the city divided into districts, the autonomous prefecture or the civil affairs department of the regional (League) administrative office where the adoptee is located. If one or both adopters are China nationals, they shall conclude a written agreement with the mainland adopters and go through the adoption registration in person with the provincial civil affairs department. The adoption relationship shall be established from the date of registration (before the adoption law is amended, the adoption relationship shall be established from the date of notarization).

● Notarization authentication required by overseas Chinese in the country of residence When adopting children in Chinese mainland, overseas Chinese should submit an application form to the China Adoption Center, as well as proof materials such as the adopter's age, nationality, marriage, children, occupation, property, health, criminal punishment and family report issued by the state-owned authority in the country of residence. The materials must be certified by the diplomatic department of the host country or its authorized institution, and then by the Chinese embassy or consulate abroad.

● The notarization of the host country for Chinese. When adopting a child in Chinese mainland, Chinese should apply to the China Adoption Center through the adoption organization of the host country, including the adopter's age, nationality, marriage, occupation, property, health status, whether he has been subjected to criminal punishment, family report, proof of consent to adopt the child, etc. This material needs to be certified by the diplomatic department of the host country or its authorized institution, and then by the Chinese embassy or consulate abroad.

● If one or both of the overseas Chinese in Chinese mainland want to apply for adoption notarization, they should apply to the mainland foreign-related notarization institution for adoption notarization, and then be certified by the Ministry of Foreign Affairs of China or its authorized institution, and if necessary, be certified by the embassy or consulate of the country where the notarization is used.

Adoption is a legal act of adopting other people's children as their own children in accordance with the conditions and procedures prescribed by law, so that parents and children have a relationship between unrelated people. Notarization of adoption relationship refers to the activity of proving the authenticity and legality of adoption relationship between parties. Foreign adoption involves international law, bilateral treaties and the laws of adopters and adoptees. At present, China has established cooperative relations with the United States, Britain, France, Canada, Spain, Sweden, Norway, Iceland, Denmark, Ireland, Belgium, Finland, the Netherlands, New Zealand, Singapore, Australia and other 16 countries. Although the adoption laws of these countries have their own characteristics, there is no big conflict between their basic systems and China's adoption laws. According to the provisions of China's Adoption Law, the adoption relationship is established after registration in the civil affairs department. For citizens, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who have established adoption cooperation relations with China to adopt in the mainland, Chinese embassies (consulates) abroad can handle the certification of the required certification materials, and adoptions registered in China can go through the formalities of notarization and certification of adoption in China according to the needs of the parties concerned. When overseas Chinese adopt abroad, the parties concerned shall go through the relevant adoption procedures in the country of residence according to law, and Chinese embassies (consulates) abroad do not handle adoption notarization for them at present.

Materials to be submitted for adoption in China:

1. Foreigners who come to China to adopt children from China shall abide by the Measures for the Registration of Children Adopted by Foreigners in People's Republic of China (PRC) and other relevant regulations, and strictly perform the prescribed procedures. The domestic government or an adoption organization entrusted by the government applies and submits the following documents: application for adoption, birth certificate, certificate of marital status, professional certificate, certificate of economic income and property status, health certificate, certificate of criminal punishment, and certificate of approval of adoption by the competent authority of the country where the adopter is located. The above documents must be notarized and certified by the relevant institutions in the host country, and certified by the embassy (consulate) in China.

2. The main materials to be submitted by overseas Chinese and China citizens living in Hongkong, Macau and Taiwan Province to adopt children in China:

(1) Overseas Chinese who have settled abroad (including compatriots from Hong Kong, Macao and Taiwan who have settled abroad) shall submit: passport, adoption application and proof of age, marriage, children, occupation, property, health and criminal punishment. In principle, the above-mentioned certification materials should be notarized by the relevant notary organs of the host country and certified by diplomatic institutions or authorized institutions, and then certified by the Chinese embassy (consulate) in that country. If the overseas Chinese were born and married in China, the relevant agencies in China can issue certificates about the adopter's age and marital status.

(2) China citizens who have settled in Hong Kong should submit: an application for adoption, a Hong Kong resident identity card, a Hong Kong resident's travel permit to and from the Mainland or a Hong Kong compatriot's home visit card, and proof of the adopter's age, marriage, children, occupation, property, health status and criminal punishment. Certified by a notary agency entrusted by the Ministry of Justice of China; If the place of birth and the place of marriage of China citizens among Hong Kong residents are mainland China or foreign countries, the proof materials about the adopter's age and marital status can also be issued by the relevant institutions in Chinese mainland, or notarized and certified by the relevant foreign institutions, and then certified by the Chinese embassy (consulate) in that country.

(3) China citizens among Macao residents shall submit: an application for adoption, an identity card of Macao residents, a permit for Macao residents to travel to and from the Mainland or a home visit permit for Macao compatriots, as well as proof of the adopter's age, marriage, children, occupation, property, health status and criminal punishment issued by the relevant Macao authorities; For example, if the place of birth and marriage of China citizens among Macao residents is in mainland China or a foreign country, the proof materials about the adopter's age and marital status can also be issued by the relevant institutions in mainland China, or notarized and certified by the relevant foreign institutions, and then certified by the Chinese embassy (consulate) in that country.

(4) Taiwan Province residents should submit: adoption application, valid proof of residence in Taiwan Province Province, travel documents within the validity period issued or endorsed by the competent authorities in People's Republic of China (PRC), and proof of the adopter's age, marriage, children, occupation, property, health status and criminal punishment notarized by the notary office in Taiwan Province Province. If the birthplace and marriage place of Taiwan Province residents are mainland China or foreign countries, the proof materials about the adopter's age and marital status can also be issued by the relevant mainland institutions, or notarized and certified by the relevant foreign institutions, and then certified by the Chinese embassy (consulate) in that country.