(Adopted at the 5th Meeting of the Standing Committee of the 9th
National People's Congress on November 4, 1998 and promulgated by
Order No. 10 of the President of the People's Republic of China on
November 4, 1998)
The 5th Meeting of the Standing Committee of the 9th National
People's Congress hereby decides to make the following revisions in
the Adoption Law of the People's Republic of China:
I. Article 2 shall be revised to read as: "Adoption should in
the interest of the upbringing and growth of the minors adopted,
safeguarding of the legitimate rights and interests of the person
adopted and the consignee following the principle of equality and
voluntariness, and should not violate social ethics."
II.A section shall be added in Article 6 to read as the Third
Section: "(3) those who have not contracted disease(s) that is
(are) considered medically not advisable to adopt children;"
The Third Section shall be revised to read as the Fourth
Section: "(4) at the age of 30 full years."
III. The First Paragraph of Article 7 shall be revised to read
as: "Adoption of a child of collateral relative by blood of the
same generation and up to the third degree of kinship may not be
subjected to the restrictions of Section (3) of Article 4, the
Section (3) of Article 5, Article 9 of this Law and the adopted
minor under the age of 14 full years."
IV. The Second Paragraph of Article 8 shall be revised to read
as: "Adoption of orphans, disabled children or abandoned infants or
children under the care of social welfare institutions whose own
parents cannot be ascertained and found may not be subjected to
restrictions of the consignee being childless and of adoption of
one child."
V. Article 14 shall be revised to read as: "A stepfather or
stepmother may, with the consent of his/her own parents of the
stepson or stepdaughter, adopt the stepson or stepdaughter and such
adoption may not be subjected to restrictions of Section (3) of
Article 4, Section (3) of Article 5 and Article 6 of this Law and
the restriction that the adopted minor must be under 14 full years
of age as well as adoption of one child."
VI. The First Paragraph of Article 15 shall be revised to read
as: "The adoption should be registered with the civil affairs
department of people's government above the county level. The
adoptive relationship shall be established as of the date of
registration."
A paragraph shall be added to read as the Second Paragraph: "For
adoption of abandoned infants and children whose own parents cannot
be ascertained and found, the civil affairs departments handling
the registration should make an announcement prior to the
processing of registration."
The Second Paragraph shall be revised to be two paragraphs as
the Third Paragraph and the Fourth Paragraph which read as: "The
parties concerned to the adoptive relationship willing to conclude
an adoption agreement may conclude the adoption agreement.
"When both sides or one side of the parties concerned to the
adoptive relationship request(s) notarization for the adoption,
notarization for the adoption should be completed."
VII. An article shall be added to read as Article 16:"The public
security department should, upon establishment of the adoptive
relationship, process household registration for the adopted minor
pursuant to relevant state provisions."
VIII. Article 20 shall be turned into Article 21, the Second
Paragraph shall be turned into two paragraphs as the Second
Paragraph and the Third Paragraph which read as: "Adoption of
children by an alien in the People's Republic of China should be
subject to the examination and approval of the competent organ of
the country of domicile pursuant to laws of the said country. The
consignee should provide certification on such particulars as age,
marital status, occupation, property, health and whether or not
he/she has been subjected to criminal penalty issued by an organ
with authority of his/her country of domicile. The said
certification should be authenticated by the organ of foreign
affairs or the institution authorized by the organ of foreign
affairs of the country of domicile, and authenticated by the
Embassy or Consulate of the People's Republic of China in the said
country. The said consignee should conclude an agreement in writing
with the consignor, and enter into registration at the civil
affairs department of people's government at the provincial level
in person.
"When both sides or one side of the parties concerned to the
adoptive relationship request(s) notarization for adoption,
notarization for the adoption should be completed at a notary organ
with qualifications of handling foreign-related notarization
confirmed by the department of justice administration under the
State Council."
IX. Article 27 shall be turned into Article 28 which shall be
revised to read as: "The parties concerned who agree to terminate
the adoptive relationship should go through registration for the
termination of the adoptive relationship at the civil affairs
department."
X. Article 30 shall be turned into Article 31, the First
Paragraph shall be revised to read as: "Whoever abducts and sells
children under the cloak of adoption shall be investigated for
criminal liability according to law."
The Second Paragraph shall be revised to read as: "Whoever
abandons an infant shall be imposed a fine by the public security
department; where a crime has been constituted, criminal liability
shall be investigated according to law."
The Third Paragraph shall be revised to read as: "Whoever sells
his/her/their own child (children) shall be confisticated of the
illegal income and imposed a fine by the public security
department; where a crime has been constituted, criminal liability
shall be investigated according to law.
XI. This Decision shall enter into force as of April 1, 1999. No
registration shall be processed for the establishment or
termination of adoptive relationship in pursuance of the Adoption
Law of the People's Republic of China pending the implementation of
this Decision.
Corresponding revisions of the Adoption Law of the People's
Republic of China shall be made in accordance with this Decision
and promulgated again.
Adoption Law of the People's Republic of China
(Adopted at the 23rd Meeting of the Standing Committee of the
7th National People's Congress on December 29, 1991 and revised in
accordance with the Decision on the Revision of the Adoption Law of
the People's Republic of China taken by the 5th Meeting of the
Standing Committee of the 9th National People's Congress on
November 4, 1998)
Contents
Chapter I?General Provisions
Chapter II?Establishment of Adoptive Relationship
Chapter III?Validity of Adoption
Chapter IV?Termination of Adoptive Relationship
Chapter V?Legal Responsibility
Chapter VI?Supplementary Provisions
Chapter I
General Provisions
Article 1This Law is enacted to protect the lawful
adoptive relationship and to safeguard the rights of parties
involved in the adoptive relationship.
Article 2Adoption shall be in the interest of the
upbringing and growth of minors adopted, safeguarding of the
legitimate rights and interests of the person adopted and the
consignee, following the principle of equality and voluntariness,
and shall not violate social ethics.
Article 3Adoption shall not contravene laws and
regulations on family planning.
Chapter II
Establishment of Adoptive Relationship
Article 4Minors under the age of 14 full years, as
enumerated below, maybe adopted:
(1) orphans bereaved of parents;
(2) abandoned infants or children whose own parents cannot be
ascertained and found; or
(3) children whose own parents are unable to rear them due to
unusual difficulties.
Article 5 The following citizens or institutions shall be
entitled to place out children for adoption:
(1) guardians of orphans;
(2) social welfare institutions;
(3) those who have not contracted disease(s) that is(are)
considered medically not advisable to adopt children; and
(4) having reached the age of 30 full years.
Article 6Consignees shall meet simultaneously the
following requirements:
(1) being childless;
(2) capable of rearing and educating the person adopted;
(3) having contracted no disease considered medically
undesirable for adoption of children; and
(4) having reached the age of 30 full years.
Article 7Adoption of a child of a collateral relative by
blood of the same generation and up to the third degree of kinship
may not be subjected to the restrictions specified of Section (3)
of Article 4, Section (3) of Article 5, Article 9 of this Law and
the adopted minor under the age of 14 full years.
An overseas Chinese, in adopting a child belonging to a
collateral relative by blood of the same generation and up to the
third degree of kinship, may even be not subjected to the
restriction of the consignee being childless.
Article 8The consignee may adopt one boy or girl
only.
Adoption of orphans, disabled children or abandoned infants or
children under the care of social welfare institutions whose own
parents cannot be ascertained and found may not be subjected to the
restrictions of the consignee being childless and of adoption of
one child.
Article 9Where a male person without spouse adopts a
female child, the age difference between the consignee and the
person adopted shall be no less than over 40 full years.
Article 10Where the parents intend to place out their
child for adoption, they must act in concert. If one parent cannot
be ascertained or found, the other parent may place out the child
for adoption alone.
Where a person with spouse adopts a child, the husband and wife
must adopt the child in concert.
Article 11Adoption of a child and the placing out of the
child for adoption shall take place on a voluntary basis on both
sides. Where the adoption involves a minor above the age of 10 full
years, the consent of the person adopted shall be obtained.
Article 12If the parents of a minor are both persons
without full civil capacity, the guardian(s) of the minor may not
place out him(her) for adoption, except when the parents may do
serious harm to the minor.
Article 13Where a guardian intends to place out an
orphaned minor for adoption, the guardian must obtain the consent
of the person who has obligations to support the orphan. Where the
person who has obligations to support the orphan disagrees to place
out the orphan for adoption, and the guardian is unwilling to
continue the performance of his/her guardianship, it is necessary
to change the guardian in accordance with the General Principles of
the Civil Law of the People's Republic of China.
Article 14A stepfather or stepmother may, with the
consent of his/her own parents of the stepson or stepdaughter,
adopt the stepson or stepdaughter, and such adoption may not be
subjected to the restrictions of Section (3) of Article 4, Section
(3) of Article 5 and Article 6 of this Law, andthe restriction
that the adopted minor must be under the age of 14 full years as
well as adoption of one child.
Article 15The adoption should be registered with the
civil affairs department of people's government above the county
level. The adoptive relationship shall be established as of the
date of registration.
For adoption of abandoned infants and children whose own parents
cannot be ascertained and found, the civil affairs department
handling registration should make an announcement prior to the
processing of registration.
The parties concerned to the adoptive relationship willing to
conclude an adoption agreement may conclude the adoption
agreement.
When both sides or one side of the parties concerned to the
adoptive relationship request(s) notarization for adoption,
notarization for the adoption should be completed.
Article 16The public security department should, upon
establishment of the adoptive relationship, process household
registration for the adopted minor pursuant to relevant state
provisions.
Article 17Orphans or children whose own parents are
unable to rear them may be raised by the relatives or friends of
their own parents.
The adoptive relationship shall not be applicable to the
relations between the supporter and the supported.
Article 18When death occurs to one side of the spouses,
and the other side intends to place out the minor for adoption, the
parents of the deceased have priority rights to raise the
child.
Article 19Persons having placed out a child for adoption
may not bear any more child, in violation of the regulations on
family planning, on the ground of having placed out their child for
adoption.
Article 20Buying and selling of children or buying and
selling of children under the cloak of adoption shall be strictly
prohibited.
Article 21An alien may, in accordance with this Law,
adopt a child (male or female) in the People's Republic of
China.
Adoption of children by an alien in the People's Republic of
China should be subject to the examination and approval of the
competent organ of the country of domicile pursuant to laws of the
said country. The consignee should provide certification on such
particulars as age, marital status, occupation, property, health
and whether or not he/she has been subjected to criminal penalty
issued by an organ with authority of his/her country of domicile.
The said certification should be authenticated by the organ of
foreign affairs or the institution authorized by the organ of
foreign affairs of the country of domicile and authenticated by the
Embassy or Consulate of the People's Republic of China in the said
country. The said consignee should conclude an agreement in writing
with the consignor, and enter into registration at the civil
affairs department of people's government at the provincial level
in person.
When both sides or one side of the parties concerned to the
adoptive relationship request(s) notarization for adoption,
notarization for the adoption should be completed at a notary organ
with qualifications of handling foreign-related notarization
confirmed by the department of justice administration under the
State Council.
Article 22When the consignee and the consignor request
secrecy of the?adoption be kept, others shall respect their
wishes and shall not make a disclosure thereof.
Chapter III
Validity of Adoption
Article 23As of the date of establishment of the
adoptive relationship, the legal provisions governing the
relationship between parents and children shall apply to the rights
and obligations in the relationship between adoptive parents and
adopted children; the legal provisions governing the relationship
between children and close relatives of their parents shall apply
to the rights and obligations in the relationship between adopted
children and close relatives of the adoptive parents.
The rights and obligations in the relationship between an
adopted child and his or her own parents and other close relatives
shall terminate with the establishment of the adoptive
relationship.
Article 24An adopted child may adopt his or her adoptive
father's or adoptive mother's surname, and may also retain his or
her original surname, if so agreed through consultation between the
parties concerned.
Article 25Any act of adoption contravening the
provisions of Article 55 of the General Principles of the Civil Law
of the People's Republic of China and those of this Law shall be of
no legal validity.
Any act of adoption ruled to be invalid by a people's court
shall be of no legal validity from the very start of the act.
Chapter IV
Termination of the Adoptive Relationship
Article 26No consignee may terminate the adoptive
relationship before the adopted person comes of age, except when
the consignee and the consignor for the adoption agree to terminate
such relationship. If the adopted child involved reaches the age of
10 full years or more, his or her consent shall be obtained.
Where a consignee fails to perform the obligation of rearing and
commits maltreatment, abandonment, or other acts of encroachment
upon the lawful rights and interests of the minor adopted child,
the consignor for adoption shall have the right to demand
termination of the adoptive relationship. Where the comsignee and
the consignor for adoption fail to reach an agreement thereon, a
suit may be filed in a people's court.
Article 27Where the relationship between the
adoptive parents and an adult adopted child deteriorates to such a
degree that their living together in a same household becomes
impossible, they may terminate their adoptive relationship by
agreement. In the event of failure to reach an agreement, a suit
may be filed in a people's court.
Article 28The parties concerned shall, upon reaching an
agreement on the termination of the adoptive relationship, go
through the registration for the termination of the adoptive
relationship at a civil affairs department.
Article 29Upon termination of the adoptive relationship,
the rights and obligations in the relationship between an adopted
child and his or her adoptive parents and other close relatives
shall also terminate, and the rights and obligations in the
relationship between the child and his or her own parents and other
close relatives shall be restored automatically. However, with
respect to the rights and obligations in the relationship between
an adult adopted child and his or her own parents and other close
relatives, it may be decided through consultation as to whether to
restore them.
Article 30Upon termination of the adoptive relationship,
an adult adopted child who has been reared by the adoptive parents
shall provide alimony for the adoptive parents who have lost
ability to work and are short of any source of income. If the
adoptive relationship is terminated on account of the maltreatment
or desertion of the adoptive parents by the adopted child on
reaching adulthood, the adoptive parents may demand a compensation
from the adopted child for the living and education expenses paid
during the period of adoption.
If his or her own parents of an adopted child request the
termination of the adoptive relationship, the adoptive parents may
demand an appropriate compensation from his or her own parents for
the living and education expenses paid during the period of
adoption, except if the adoptive relationship is terminated on
account of the maltreatment or abandonment of the adopted child by
the adoptive parents.
Chapter V
Legal Responsibility
Article 31Whoever kidnaps and traffics children under
the cloak of adoption shall be investigated for criminal
responsibility in accordance with law.
Whoever abandons an infant shall be imposed a fine by a public
security organ; where a crime has been constituted, criminal
responsibility shall be investigated according to law.
Whoever sells his or her own child(children) shall be
confisticated of the illegal income and imposed a fine by a public
security organ; where a crime has been constituted, criminal
responsibility shall be investigated according to law.
Chapter VI
Supplementary Provisions
Article 32People's congresses and their standing
committees of autonomous areas of nationalities may, on the basis
of the principles of this Law and in the light of the local
conditions, formulate adaptive or supplementary provisions.
Provisions of autonomous regions shall be submitted to the Standing
Committee of the National People's Congress for the record.
Provisions of autonomous prefectures or autonomous counties shall
be submitted to the standing committees of the provincial or
autonomous regions' people's congresses for approval before coming
into force, and shall also be submitted to the Standing Committee
of the National People's Congress for the record.
Article 33The State Council may, in accordance with this
Law, formulate measures for its implementation.
Article 34This Law shall enter into force as of
April 1, 1992.
Notice: In case of discrepancy, the original version in
Chinese shall prevail.