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Decision on the Revision of the Adoption Law of the People's Republic of China by the Standing Committee of the National People's Congress

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(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.

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