What conditions must be met for adoption? How to handle adoption notarization?

Adoption refers to a civil legal act in which citizens adopt other people's children as their own children according to law, so that there is a relationship between parents and children between people who are not directly related. It is not by blood, but a lineal relatives established according to the procedures prescribed by law. Such lineal relatives, who are not related by blood, are legally recognized as being related by blood, that is, they have mutual rights and obligations like the relationship between biological parents and children. People who adopt other people's children are adopters and are called adoptive parents; A person who is adopted by others is an adopted child, and a person who gives a child or a child to another person for adoption is an adopter.

Effective adoption shall meet the following conditions:

1. As an adopter; The conditions that should be met are: (1) adults with full capacity for civil conduct, that is, adults who can independently engage in civil activities and are mentally normal; (2) At least 35 years old. But the adoption of orphans or disabled children is not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. If a man without a spouse adopts a woman, the age difference between the adopter and the adoptee should be over 40 years old; However, children who adopt collateral blood relatives within three generations are not subject to this restriction. (3) No children. But the adoption of orphans or disabled children is not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. Overseas Chinese can also adopt children of collateral blood relatives within three generations without this restriction. Or although there are children, but the children suffer from serious diseases such as mental illness, they can also adopt healthy children in the future. (4) Having the ability to raise and educate the adoptee. Those who have a proper occupation or a reliable source of income can take care of the adopted person's life and bear the corresponding economic expenses. Except for adult adoption. (5) Being in good health and free from infectious diseases. (6) It has a legitimate adoption purpose and does not violate social morality, national laws and national family planning regulations. If you are playing with women or living together for a long time, you are not allowed to adopt children of the opposite sex. (7) If the adopter has a spouse, the consent of the spouse shall be obtained; And it must be adopted by both husband and wife. (8) The adopter can only adopt one child. However, the adoption of orphans or disabled children is not subject to this restriction.

Second, as an adoptee, the condition should be: (1) under the age of 14. However, children who adopt collateral blood relatives within three generations are not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. (two) the loss of parents or parents unaccounted for; Or children whose biological parents have special difficulties and are unable to support them (but children who adopt collateral blood relatives within three generations are not subject to this restriction); (3) If the adoptee has reached the age of 10, his consent must be obtained. If the adoptee has a spouse, the consent of the spouse must be obtained.

3. As a person who puts out a child for adoption, the following conditions should be met: (1) Must be a biological parent with full capacity for civil conduct. However, parents who may have serious harm to minors are not subject to this restriction; (two) unable to raise children due to special difficulties. However, children who adopt collateral blood relatives within three generations are not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. (3) If the adoptee is an orphan without parents, his guardian may act as the adopter, but the consent of the person who has the obligation to support him must be obtained. If the adoptee is an orphan without a guardian, the social welfare institution can act as the adopter. (four) parents will be adopted by others, parents must cooperate with the adoption. However, if one of the biological parents is unknown or cannot be found, it can be adopted unilaterally. If one spouse dies and the other spouse puts out a minor child for adoption, the parents of the deceased spouse shall have priority in custody.

In addition, if the "adopter" and the "adoptee" have lived together for many years, the household registration has moved together, and the adoption relationship has been stated in the household registration book, and this "adoption relationship" has been recognized by the surrounding people and relatives, which meets the above-mentioned effective adoption conditions, it can be recognized as "factual adoption" and notarized.

To adopt a grandchild, the following three conditions must be met: (1) The adopter must be at least 55 years old; (2) No children, grandchildren or grandchildren; (3) The age difference between the adopter and the adoptee is forty years. In addition to the above three conditions, you must also have other general adoption conditions, that is, the ability to raise, good health and so on.

Adoption notarization means that the notary office proves the authenticity and legality of the adopter's adoption of other people's children according to law. Adoption notarization is a way to legally recognize the adoption relationship. Its purpose is to ensure the effectiveness of the adoption relationship, so that all parties can correctly enjoy their rights and fulfill their obligations, which is conducive to family harmony and social stability, thus protecting the legitimate rights and interests of children and the elderly, preventing disputes and reducing litigation.

To apply for notarization of adoption, the three parties involved in the adoption relationship (including the adopter, adopter and adoptee) shall personally apply to the notary office where the adopter or adopter or adoptee's household registration is located, and shall not entrust others to act as agents. If the husband and wife are in the same place, they must be present together; If the husband and wife are not in the same place, one party may be present, but a statement notarized by the local notary office that the other party agrees to adopt must be provided.

To apply for notarization of adoption, an application form for notarization shall be filled in, and the following supporting materials shall be provided: (1) Identity certificates of adopters, adoptees and adopters. The contents of the certificate include name, gender, date of birth, occupation, residence, etc. The objects of proof include household registration book, resident identity card and unit certificate. (2) Proof of the adopter's economic status, including income, income source and housing situation, etc. (3) proof of the marital status of the adopter, the adoptee and the person placing out the child for adoption, that is, unmarried or married. If married, also explain the spouse's situation. (four) the medical certificate of the adopter and the adoptee, including whether the two sides have serious diseases and whether the adopter has fertility. , should be issued by hospitals at or above the county level. (5) The "declaration" that the adopter agrees to adopt, the adopter agrees to adopt, and the recognized adoptee agrees to adopt. An "adoption agreement" must be signed by two parties or even three parties through consultation. Whether it is a statement or an agreement, its contents should include the purpose of adoption and the guarantee of not abandoning or abusing children. This was written under the guidance of a notary. (6) If the child is adopted by a social welfare institution, a certificate of the child's origin shall be provided. (7) Foreigners and overseas Chinese who adopt children in China must also provide proof of innocence. Moreover, the certificates provided must be notarized by the local notary office and certified by the embassy or consulate of China in that country. (eight) other materials required by the notary public.

Adoption is a complicated issue. Therefore, after accepting the application for adoption notarization, the notary must make a detailed investigation and inquiry on the adoption, with the focus on finding out whether the adoption relationship meets all the conditions related to adoption and whether it meets the provisions of relevant laws and policies. After reviewing the materials, making conversation notes, and investigating and verifying, a notary can only issue an adoption certificate if he thinks that it meets the requirements, conforms to relevant laws and policies, and has complete evidence.