1. Scope of application

Contents involved: Registration of adoption of children by foreigners in the People's Republic of China.

Applicable objects: parties involved in a foreign-related adoption relationship.

2. Types of Review

Review before submission

3. Approval basis

(1) Article 1109 of the Civil Code of the People's Republic of China: "A foreigner may, in accordance with the law, adopt a child in the People's Republic of China. The adoption by a foreigner of a child in the People's Republic of China shall be subject to examination and approval by the competent authorities of the country, in which the foreigner is domiciled, in accordance with the law of that country. The adopter shall provide the papers, as issued by the competent authorities of the country in which the adopter is domiciled, that certify his or her particulars such as age, marital status, profession, property, health and whether ever subjected to criminal punishment. The adopter shall sign a written agreement with the person who places out the child for adoption, and register in person the adoption with the civil affairs department of the people's government of a province, autonomous region, or municipality directly under the Central Government. The certifying papers as mentioned in the preceding paragraph shall be subject to the authentication by the foreign affairs organ of the country in which the adopter is domiciled or by an agency authorized by the said organ, and the authentication by the embassy or consulate of the People’s Republic of China stationed in that country, except as otherwise provided by the state.

(2) Article 6 of the Measures for the Registration of Adoption of Children by Foreigners in the People's Republic of China: “The civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall examine the credentials and certifying papers submitted by placing persons, and issue public notices to identify or look for the natural parents for those abandoned infants or children whose natural parents cannot be identified or found; if the adoptees and placing persons are believed to meet the requirements stipulated in the Adoption Law, a list of their names shall be notified to the Chinese adoption organizations.”

4. Acceptance agency

Zhejiang Provincial Department of Civil Affairs

5. Approval agency

Zhejiang Provincial Department of Civil Affairs

6. Quantity limit

Unlimited

7. Application Requirements

(1) Minors who meet the following requirements may be adopted:

a. Orphans who have lost their parents;

b. Minors whose biological parents cannot be found;

c. Children whose biological parents have unusual difficulties and are unable to raise them.

(2) Placing persons who meet the following conditions:

a. Guardians of orphans;

b. Child welfare institutions;

c. The biological parents who have unusual difficulties and are unable to raise their children.

8. Prohibited requirements

None

9. Application materials

(1) The following materials should be submitted if the placing person is a social welfare institution:

a. List of children to be adopted, household register of children to be adopted, children's growth report, immunization card, "growth status table", report on the situation of older children, physical examination form for children to be adopted, laboratory examination report, 2-inch bareheaded color photo, 5-inch life photo; pick up notice;

b. "Registration of Social Welfare Institution Accepting Abandoned Infants" (including "Certificate of Picking Up Abandoned Infants Whose Biological Parents Cannot Be Found");

c. The ID card and legal person certificate of the legal representative of the social welfare institution;

d. If the child to be placed out for adoption is over 8 years old, the written opinion that the child agrees to be adopted shall be submitted.

(2) The following materials should be submitted by the biological parents who are unable to raise their children due to special difficulties:

a. Proof that parents are unable to support their children due to special difficulties and written opinions of both parents (including those divorced) agreeing to place out for adoption. The proof shall be issued by the unit to which the placing person belongs or the villagers committee or residents committee. If the biological father or mother of the child is unilaterally placing for adoption, a written statement shall also be submitted that the spouse is deceased or unaccounted for or that the parents of the deceased or unaccounted-for spouse (the child's grandfather and grandmother) shall not exercise priority custody.

b. Household registration book for children to be adopted, 2-inch ID photo and 5-inch life photo, "Physical Examination Form for Children to Be Adopted" and laboratory examination report. If the adoptee is a disabled child, the child's disability certificate issued by the medical institution at or above the county level shall be submitted. If the child to be adopted is over 8 years old, a declaration of voluntary adoption shall be issued.

c. Household registration book and ID card of the placing person, the agreement signed by the placing person and the local family planning department (health department) that no violation of the family planning regulations is involved, proof issued by the family planning office of the sub-district where the placing person is located that no violation of family planning is involved, documents issued by the public security organ or notary department on the relative relationship between the placing person and the person to be adopted, the declaration and notarization of the placing person that he or she consents the adoption. A marriage certificate shall be submitted if the placing people are husband and wife.

d. When adopting a child who is a collateral blood relative within three generations, it is necessary to submit the kinship documents issued by the public security organ or notary department that proves the adoptee is a collateral blood relative within three generations of the adopter, and the kinship document between the placing person and the adoptee. .

(3) If the placing person is a guardian other than the parent of the child, the following materials shall be submitted:

a. Although the biological parents of the child are still alive, they do not have full capacity for civil conduct, and the child is under the guardianship of other persons with legal obligations. If the guardian decides to put the child up for adoption, the guardian shall submit the document issued by the people's court stating that the biological parents do not have full capacity for civil conduct and that the child to be adopted may be subject to serious harm. The guardian shall also submit the document that he or she has guardianship;

b. The biological parents of the child have died and the child is under the guardianship of other legal obligors. If the guardian decides to place the child for adoption, he or she shall submit the documents (issued by a medical institution or public security organ at or above the county level) stating that the child’s biological parents have died, documents about the guardian's actual guardianship (issued by the unit to which the guardian belongs or by the residents' committee or villagers' committee), and the written opinion of other persons with support obligations agreeing to the placement;

c. The adoptee's household registration book, 2-inch ID photo, "Physical Examination Form of the Child for Adoption" and the laboratory inspection report. If the adoptee is a disabled child, the child's disability certificate issued by a medical institution at or above the county level shall also be submitted. If the adoptee is over 8 years old, a declaration of voluntary adoption shall be issued.

d. The household registration book and ID card of the placing person, the declaration and notarization of the placing person agreeing to the placement. If the placing people are husband and wife, a marriage certificate shall be submitted.

10. Application reception

How to apply: By mail

Tel: 0571-87055493

Office address: No. 32, Baochu Road, Hangzhou

Mail:

Fax: 0571-87055493

URL:

11. Basic process

application – acceptance – examination – forwarding

12. How to handle

Application – Acceptance – Review – Report – Certificate

13. Time limit for settlement

Legal time limit: 20 working days

Commitment time limit: 15 working days

14. Fee basis and standards

No charge

15. Approval Results

Foreign-related adoption review opinion form

16. Result delivery

Delivery method: on-site delivery, express delivery

17. Rights and obligations of administrative counterparts

(1) If the statutory conditions and standards are met, the applicant has the equal right to obtain an administrative license in accordance with the law, and the administrative organ shall not discriminate.

(2) Where an administrative organ makes a written decision to disapprove an administrative license in accordance with the law, it shall explain the reasons and inform the applicant that he or she has the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

(3) When applying for an administrative license, the applicant shall truthfully submit relevant materials to the administrative organ and shall be responsible for the authenticity of the substantive content of the application materials.

18. Means of Consultation

Tel: 0571-87055493

19. Means of Supervision and Complaint

For complaints, Tel: 0571-87053090 or 12345

20. Office address and time

Office address: Minor Protection and Child Welfare Division, Zhejiang Provincial Department of Civil Affairs, No. 32, Baochu Road, Xihu District, Hangzhou

Office Hours: Summer: 8:30-12:00 am, 14:30-18:00 pm

Winter: 8:30-12:00 am, 14:00-17:30 pm

21. Inquiry of the process and results

Tel: 0571-87055493

Appendix 1: Examples of Common Errors

1. The adopted person is not a minor in a relative adoption.

2. The adopter conceals the marital status.

Appendix 2：Frequently Asked Questions(FAQs)

1. What principles and regulations should foreigners abide by when adopting children in China?

(1) Foreigners shall abide by the principle established by the Adoption Law that "the adoption shall be beneficial to the upbringing and growth of the adopted minor", which is also a requirement of the International Convention on Intercountry Adoption, based on the best interests of the children to the greatest extent possible.

(2) Foreign adopters shall comply with the provisions of China's Adoption Law on the conditions of adopters.

(3) Foreign adopters shall abide by the provisions of the Civil Code of the People's Republic of China and the Measures for the Registration of the Adoption of Children by Foreigners in the People's Republic of China on the adoption procedures.

(4) Comply with the principles stipulated in the International Convention on Intercountry Adoption that intercountry adoption applies to the creation of a permanent parent-child relationship.

2. What is the China’s adoption organization? and what are its main responsibilities in foreign-related adoptions?

China’s adoption organization refers to the China Adoption Center (CAC) approved by the Chinese government in December 1995. It was formally established by the Ministry of Civil Affairs in June 1996. Entrusted by the Chinese government, the China Adoption Center is specialized in foreign-related adoption services, and is responsible for examining the adoption applications and relevant certification materials of foreign adopters in foreign-related adoptions. It also recommends Chinese children for foreign adopters and is responsible for foreign liaison and coordination services for foreign adoptions.

3. What are the responsibilities of the civil affairs department of the provincial people's government in foreign-related adoptions?

According to the "Adoption Law" and the "Registration of the Adoption of Children by Foreigners in the People's Republic of China", the civil affairs department of the people's government at the provincial level is the statutory registration authority for foreign-related adoptions. Specifically, it is responsible for reviewing the relevant circumstances and conditions of the Chinese side of the foreign-related adoption, accepting applications for intercountry adoption by both Chinese and foreign parties, and handling the registration of foreign-related adoptions.

4. How to apply for adoption registration for foreigners who come to adopt children in China?

Articles 8, 10 and 11 of the "Regulations on the Registration of Children Adopted by Foreigners in the People's Republic of China" make specific provisions for foreigners who come to adopt children in China according to the steps of registration.

(1) Foreigners who come to China to adopt children shall go through the registration formalities in person in China. Adoption registration is a non-representative civil act, and the adopters cannot be represented by anyone. If the husband and wife adopt jointly, they should come to China together to go through the adoption procedures.

(2) After foreigners come to China, they should conclude a written adoption agreement with the placing person.

(3) The parties involved in the adoption relationship shall jointly go to the provincial civil affairs department (the province where the adoptee is a permanent resident) to register the adoption.

(4) When registering, the foreign adopter should submit to the registration authority the notification letter for child adoption in China issued by the Chinese adoption organization; The ID card and photo of the adopter; the placing person shall submit a notice issued by the provincial civil affairs department that the adoptee has been approved for adoption; The resident registration book and resident ID card of the placing person (if the placing person is a social welfare institution, the ID card of the person in charge), the photo of the adopted person. Both parties shall also truthfully answer the relevant inquiries of the registrar.

(5) After the registration authority receives the "Notice of Foreigners' Adoption of Children in China" and the relevant materials of the adopter, the adoptee and the placing person, it shall conduct a review within 5 days from the next day. For those who meet the provisions of Article 10 of the "Regulations on the Registration of Adoption of Children by Foreigners in the People's Republic of China", the registration authority should handle the adoption registration for the parties and issue an adoption registration certificate.