张秋芳律师中英文解答“外国人收养中国小孩的

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张秋芳律师中英文解答“外国人收养中国小孩的法律程序” (2011-09-07 18:55:43)

标签： 外国人 收养 中国 小孩

 中国收养中心（China Center Of Adopting Affair):

Measures for Registration of Adoption of Children by
Foreigners in the People's Republic of China

Date of Post：October 9, 2005        Source: CCAA

Article 1 These Measures are formulated in accordance with the Adoption Law of the People’s Republic of China for the purpose of regulating foreign-related adoption registration practice.
Article 2 The adoption of children within the territory of the People’s Republic of China by foreigners (hereinafter referred to as adoption of children in China by foreigners) shall be registered in accordance with these Measures.

Where one party of a couple as adopter is a foreigner, the adoption of a child in China by them shall also be registered in accordance with these Measures.

Article 3 The adoption of children in China by foreigners shall comply with the provisions of the relevant Chinese laws on adoption, as well as the provisions of the relevant laws on adoption of the countries where adopters reside; problems arising from discrepancy between the provisions of the laws of the countries where adopters reside and those of the Chinese laws shall be resolved through consultation by relevant departments of the governments of the two countries.

Article 4 A foreigner who is to adopt a child in China shall, through the government of the country where he or she resides or an adoption organization delegated by the government of the said country (hereafter referred to as the foreign adoption organization), convey an application for adoption and submit the adopter’s family situation report and a certificate to an adoption organization delegated by the Chinese government (hereinafter referred to as the Chinese adoption organization).

The adopter’s application for adoption, the family situation report and the certificate stipulated in the preceding paragraph refer to the following documents that are issued by the competent agencies of the country where the adopter resides and, authenticated by a diplomatic department of the country where the adopter resides or by an agency authorized by the said diplomatic department, and authenticated by the embassy or consulate of the People’s Republic of China stationed in that country.
(1) an application for inter-country adoption;
(2) a birth certificate;
(3) a certificate of marital status;
(4) a certificate of profession, income and of property condition;
(5) a certificate of health examination;
(6) a certificate indicating whether the adopter has ever been subjected to criminal punishment;
(7) a certificate certifying the approval of the inter-country adoption by the competent authority of the country where the adopter resides;
(8) a family situation report, including the status of the adopter, the qualification and appropriateness of the adoption, family background, medical history, adoption motive and features suitable for taking care of children.

Foreigners who have continuously lived in China for more than one year for work or study and are to adopt children in China shall submit the documents stipulated in the preceding paragraph except for the certificate of health examination, and shall also submit certificates indicating such particulars of the adopter as marital status, profession, income or property condition and whether they have ever been subjected to criminal punishment, which are issued by the Chinese units to which they belong, and certificates of health examination issued by medical units at or above the county level.

Article 5 The person placing out a child for adoption shall submit to the civil affairs department of the people’s government of a province, an autonomous region or a municipality directly under the Central Government his or her residence booklet, resident identity card (where a social welfare institution places out a child for adoption, then the identity credential of the person in charge of such an institution shall be submitted), and residence certificate of the adoptee, etc., and shall submit the following certifying papers according to different situations: