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

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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:

(1) Where the biological parents (including divorced ones) are the persons who place out the adoptee for adoption, a certificate certifying that the biological parents cannot rear the adoptee due to unusual difficulties and a written consent of both of the biological parents on the placing out for adoption shall be submitted; among those, where the adoptee is placed out for adoption by a single parent because the spouse of the biological father or mother has died or has been missing, a certificate certifying that the other spouse has died or has been missing as well as a written declaration of the parents of the dead spouse or the spouse who has been missing on giving up the priority in rearing the child shall also be submitted;

(2) Where a guardian is the person who places out the adoptee for adoption because the adoptee's parents have no full civil capacity, a certificate certifying that the adoptee's parents have no full civil capacity and may do serious harm to the adoptee and a certificate certifying that the guardian has the right of guardianship shall be submitted;

(3) Where a guardian is the person who places out the adoptee for adoption because both of the adoptee's parents have died, a certificate certifying the death of the adoptee's biological parents, a certificate certifying the guardian's actual bearing of obligations of guardianship as well as a written consent of other persons bearing rearing obligations on the placing out for adoption shall be submitted;

(4) Where a social welfare institution acts as the person who places out a child for adoption, a certificate of the situations in the abandonment and discovery of the abandoned infant or child, and a certificate of the process of the search of his or her parents or other guardians shall be submitted; where the adoptee is an orphan, a certificate certifying the death or the declaration of death of the orphan's parents as well as a written consent of other persons bearing the obligations of rearing the orphan on the placing out for adoption shall be submitted.

Where a disabled child is placed out for adoption, a certificate of disability of the child issued by a medical unit at or above the county level shall also be submitted.

Article 6 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 those who place out children for adoption, and issue public notices to ascertain or look for the biological parents for those abandoned infants or children whose biological parents cannot be ascertained or found; where the adoptee and those who place out children for adoption are believed to meet the requirements stipulated in the Adoption Law, a list of their names shall be notified to the Chinese adoption organization, and the following credentials and certifying papers shall be conveyed simultaneously:

(1) duplicate copies of residence booklets and resident identity cards of those who place out children for adoption (if a social welfare institution places out a child for adoption, then the identity credential of the person-in-charge of such an institution);

(2) duplicate copies of certificates certifying that the adoptees are abandoned infants or orphans, their residence certificates, growth reports and health examination certificates as well as photos of the adoptees.

The public notice issued by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government for ascertaining or looking for the biological parents of those abandoned infants or children shall be published in a local newspaper at the provincial level. Where the biological parents or other guardians of the abandoned infant or child do not come to claim him or her after 60 days as of the date of the publication of the public notice, such an abandoned infant or child shall be regarded as one whose biological parents cannot be ascertained or found.

Article 7 The Chinese adoption organization shall, after having examined the application for adoption and the relevant certificates submitted by the foreign adopter and by referring to the desire of the foreign adopter, select a suitable adoptee from among the adoptees who are recommended by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government and who meet the requirements stipulated in the Adoption Law, and shall, through the foreign government or a foreign adoption organization, send to the foreign adopter the information about the adoptee and the person placing out the child for adoption. Where the adoption is agreed by the foreign adopter, the Chinese adoption organization shall send him or her a notice of coming to China for adoption of a child, and simultaneously inform the relevant civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central Government to send the person placing out the child for adoption a notice that consent has already been given to the adoption of the adoptee.

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