外国人在中华人民共和国收养子女实施办法
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司法部民政部令第28号 Article 1 These Implementation Measures are formulated in accordance with the Adoption Law of the People's Republic of China （hereinafter referred to as the Adoption Law）。 Article 2 These Measures are applicable to the adoption of Chinese citizens' children by foreigners within the territory of the People's Republic of China （hereinafter referred to as in China）。 Where on party of the conjoints is a foreigner， the adoption of Chinese citizens' children in China by the said conjoints shall also be handled in accordance with these Measures. Article 3 The adoption of children in China by foreigners shall be conducted in conformity with the provisions of the Adoption Law and shall not be in violation of the law of the country of the adopter's habitual residence. The adopter may only adopt one child. Article 4 With regard to the adoption of a child in China by a foreigner， an adoption application shall be transmitted by the relevant government or the adoption organization entrusted by the relevant government to the adoption organization entrusted by the Chinese Government， accompanied by a report on the adopter's family background and relevant certificates. The adopter's application， family background report and certificates prescribed in the preceding paragraph refer to the following documents notarized by the notary office or a notary of the country of his habitual residence and authenticated by the foreign affairs ministry or the agency authorized by the foreign affairs ministry of the country of his habitual residence and by the Embassy or Consulate of China in the country concerned： （1） adoption application； （2） birth certificate； （3） marital status certificate； （4） certificates of profession， income and property； （5） health examination certificate； （6） certificate of criminal record； （7） certificate of child adoption approval by the competent authorities of the adopter's country of habitual residence； （8） family background report， including the status of the adoption applicant， the qualification and appropriateness of the adoption， family conditions health history， adoption motive and features suitable for the care of the child. With regard to the adoption of children in China by foreigners who have continuously lived in China for work or study for over one year， a marital status certificate， certificates of profession， income and property， and certificate of criminal record issued by his unit in China， and health certificate issued by a medical unit at or above the county level in China， shall be submitted， in addition to the submission of the application， family background report and certificates prescribed in the preceding paragraph （except for Item （5））。 Article 5 The Chinese adoption organization may， after receiving the application， report and relevant certificates transmitted by a foreign government or its entrusted adoption organization， assist the adopter in seeking the prospective adoptee if it regards the case to be in conformity with the provisions of the Adoption Law. Article 6 In addition to the submission of the residence identity card， domicile booklet （the identity certificate of the responsible person shall be submitted if a social welfare institution acts as the one who places out the child for adoption）， and the certificates of the conditions of the adopted person， the person placing out the child for adoption shall submit to the Chinese adoption organization the following certifying materials： （1） When the natural parents（including the divorced） acts as the person placing out the child for adoption， a written consent of both parents on the placing out shall be submitted； （2） Where a natural father or mother acts as the persons placing out his or her child for adoption when the spouse of the parent has died or can not be located， the certificate of death of the spouse or the certificate that the spouse can not be located and the announcement of the parents of the dead spouse or the spouse who can not be located on giving up the priority of the adoption shall be submitted； （3） Where the guardian of the adoptee acts as the person placing out the child for adoption when both parents of the adoptee do not have full civil capacity， the guardian shall provide the certificate of guardianship and the certificate that both parents of the adoptee do not have full civil capacity which result in serious harm to the adoptee； （4） Where the guardian of the adoptee acts as the person placing out the child for adoption when both parents of the adoptee have died， the death certificate of the adoptee's natural parents， the certificate of guardianship and the written consent of other persons bearing the upbringing responsibility shall be submitted； （5） Where the social welfare institution acts as the one that places out the child for adoption， the certificate of the situation in the abandonment and discovery of the abandoned infant or child and the certificate of the process of the search of his or her parents or guardians issued by the social welfare institution shall be submitted； where the adoptee is an orphan， the certificate of death or notice of death of the parents and the written consent of other persons bearing responsibility for upbringing the child regarding the adoption shall be submitted. （6） Where a handicapped child is to be placed out for adoption， a disability certificate issued by the hospital at or above the county level shall be submitted. Article 7 Where the Chinese adoption organization considers that the person placing out the child for adoption meets the provisions of the Adoption Law， the family background reports of the person placing out the child for adoption and the adoptee shall be sent to the foreign government or its entrusted adoption organization concerned and a notice of coming to china for adoption of the child shall be sent to the adopter. Article 8 The foreign adopter， after confirming the adoptee， shall conclude a written agreement with the person placing out the child for adoption. After the conclusion of the written agreement， parties involved in the adoptive relationship shall go in person to the civil administration department of the local people's government at or above the county level where the adoptee's domicile locates to handle the adoption registration. Where the conjoints jointly adopt the child but one of them can not come to China for the process， he or she may entrust the other in a written form. The power of attorney shall be both notarized and authenticated. Article 9 In handling the adoption registration， the adopter and the person placing out the child for adoption shall respectively provide relevant materials. The adopter shall provide the following materials： （1） the notice of coming to China for adoption of the child issued by the Chinese adoption organization； （2） the adopter's identity certificate and his photo； （3） the written agreement reached between the adopter and the person placing out the child for adoption. The person placing out the child for adoption shall provide the following materials： （1） his residence identity certificate， domicile booklet and the adoptee's photo； （2） the Chinese adoption organization's documents approving the person to place out the adoptee. Article 10 With regard to cases conforming to the provisions of Article 9 of these Measures， the adoption registration organ shall， after its review， register the adoption and issue an adoption registration certificate within three days after the date of receiving the adoption registration application. Article 11 After the registration of the adoption， parties involved in the adoptive relationship shall handle the adoption notarization in person at the notary office of the place where the adoption registration organ is located. Article 12 In handling the notarization of the adoption， the adopter and the person placing out the child for adoption shall provide the following materials： （1） adoption registration certificate； （2） materials prescribed in Article 9 of these Measures. Article 13 With regard to cases conforming to the provisions of Article 12 of these Measures， the notary office shall notarize the adoption within three days after the date of receiving the adoption notarization application and inform the Chinese adoption organization. Article 14 Before the adoptee exits from China， the adopter shall undergo exit procedure for the adoptee at the public security organ of the adoptee's domicile location on the strength of the adoption registration certificate and the notary certificate. Article 15 The Chinese adoption organization shall keep the case file of the parties involved in the adoptive relationship in proper care. Article 16 The Chinese adoption organization shall be subject to the supervision of the justice administration department and the civil affairs department of the State Council. Article 17 A foreign adopter who adopts a child in China shall pay the registration fee and the notarization fee respectively to the registration department and notary office. The standards and management rules for the registration fee and the notarization fee shall be implemented in accordance with the regulations of the state price administration department and the Ministry of Finance. The Chinese adoption organization may collect service fees. The standards for the service fees shall be regulated by the state price administration department and the Ministry of Finance. The adopter may consult with the person placing out the child for adoption on the payment of the adoptee's rearing fee. The rearing fee paid by the adopter to the social welfare institution may only by used for the improvement of the welfare institution's facilities and may not be diverted for other purposes. Article 18 These Measures shall come into force on the date of promulgation. |
