Attachment: People's Republic of China (PRC) Adoption Law
Decree of the President of the People's Republic of China (No.54 of the Seventh Session)
The Adoption Law of People's Republic of China (PRC) was adopted by the 23rd meeting of the Standing Committee of the 7th NPC in People's Republic of China (PRC) on February 29th. It is hereby promulgated and shall come into force as of April 29, 20 14 1992.
Yang, Chairman of People's Republic of China (PRC)
199 1 year 65438+February 29th.
People's Republic of China (PRC) adoption law
(On February 29th, it was adopted at the 23rd meeting of the Standing Committee of the Seventh NPC, and promulgated by Decree No.54 of the President of the People's Republic of China, which will take effect on April 1 day, 2002.
Chapter I General Principles
Article 1 This Law is formulated for the purpose of protecting the lawful adoption relationship and safeguarding the rights of the parties involved in the adoption relationship.
Article 2 Adoption shall be conducive to the upbringing and growth of adopted minors, follow the principle of equality and voluntariness, and shall not violate social morality.
Article 3 Adoption shall not violate family planning laws and regulations.
Chapter II Establishment of Adoption Relationship
Article 4 The following minors under the age of 14 may be adopted:
(1) Orphans who have lost their parents;
(2) Abandoned babies and children whose biological parents cannot be found;
(3) Children whose biological parents have special difficulties and are unable to support them.
Article 5 The following citizens and organizations may be put out for adoption:
(1) guardians of orphans;
(2) Social welfare institutions;
(3) biological parents who have special difficulties and are unable to raise their children.
Article 6 An adopter shall meet the following conditions:
(1) No children;
(2) Having the ability to raise and educate the adoptee;
(3) At least 35 years old.
Article 7 A childless citizen who has reached the age of 35 may adopt a child who is a blood relative of the same generation within three generations, and is not restricted by the third paragraph of Article 4, the third paragraph of Article 5 and Article 9 of this Law, and the adoptee is under the age of 14.
Overseas Chinese can adopt children who are collateral relatives of the same generation within three generations, or they can be free from the restriction that the adopter has no children.
Article 8 An adopter can only adopt one child.
The adoption of orphans or disabled children is not restricted by the fact that the adopter has no children and has reached the age of 35 to adopt one.
Article 9 If a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be over 40 years old.
Article 10 If the biological parents put their children out for adoption, both parties must put them out for adoption. If one parent is unknown or can't be found, it can be adopted unilaterally.
If the spouse adopts a child, the husband and wife must adopt it together.
Article 11 Adoption by adopters and adoption by adoptees shall be voluntary. Where a minor over the age of ten is adopted, the consent of the adoptee shall be obtained.
Article 12 If neither of the parents of a minor has full capacity for civil conduct, the guardian of the minor shall not put him up for adoption, unless his parents may cause serious harm to the minor.
Article 13 A guardian must obtain the consent of the person who has the obligation to support the adoption of minor orphans. If the person who has the obligation to support does not agree to the adoption and the guardian is unwilling to continue to perform the guardianship duties, the guardian shall be changed in accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC) and the General Principles of the Civil Law of People's Republic of China (PRC).
Article 14 A stepfather or stepmother may adopt a stepchild with the consent of the biological parents of the stepchild, and is not restricted by Article 4, Paragraph 3, Article 5, Paragraph 3 and Article 6 of this Law. The adoptee is under the age of 14.
Fifteenth adoption of abandoned babies, children and orphans raised by social welfare institutions can not find their biological parents, should be registered with the civil affairs department.
In addition to the provisions of the preceding paragraph, the adopter and the adopter shall conclude a written agreement in accordance with the adoption conditions and adoption conditions stipulated in this Law, and the adoption can be notarized; Where the adopter or the person placing out the child for adoption requests notarization, it shall do so.
Article 16 Orphans or children whose biological parents are unable to raise them may be raised by their relatives or friends.
The relationship between dependents and dependents does not apply to adoption.
Article 17 If one spouse dies and the other spouse puts out a minor child for adoption, the parents of the deceased spouse shall have the preemptive right.
Article 18 A person who puts out a child for adoption shall not give birth to another child in violation of the family planning regulations on the grounds of putting out the child for adoption.
Article 19 It is forbidden to buy or sell children or to buy or sell children in the name of adoption.
Article 20 Foreigners may adopt children in People's Republic of China (PRC) in accordance with this Law.
Foreigners who adopt children in People's Republic of China (PRC) shall provide proof of the adopter's age, marriage, occupation, property, health status and whether he has been subjected to criminal punishment. The certificate shall be notarized by a notary office or notary in the country where it is located, and certified by the people of China and the embassy or consulate of China in that country. The adopter shall conclude a written agreement with the adopter, register with the civil affairs department in person, and go to the designated notary office for adoption notarization. The adoption relationship shall be established from the date of notarization.
Article 21 If the adopter or the adopter requests that the adoption be kept confidential, others shall respect their wishes and shall not disclose them.
Chapter III Effectiveness of Adoption
Article 22 Since the adoption relationship is established, the rights and obligations between adoptive parents and adopted children shall be governed by the provisions of the Law on the Relationship between Parents and Children; The rights and obligations between adopted children and close relatives of adoptive parents shall be governed by the provisions of the Law on the Relationship between Children and Close Relatives of Parents.
The relationship of rights and obligations between adopted children and biological parents and other close relatives is destroyed by the establishment of adoption relationship.
Article 23 An adopted child may adopt the surname of the adoptive father or mother, and the original surname may be retained after the parties reach an agreement through consultation.
Article 24 Adoption that violates Article 55 of the General Principles of the Civil Law of People's Republic of China (PRC) and the provisions of this Law has no legal effect.
If the adoption is confirmed invalid by the people's court, it has no legal effect from the beginning.
Chapter IV Dissolution of Adoption Relationship
Article 25 The adopter shall not dissolve the adoptive relationship before the adoptee comes of age, unless the adopter and the adopter reach an agreement to dissolve it. If the adopted child reaches the age of 10, his consent shall be obtained.
If the adopter fails to perform the obligation of raising, maltreatment, abandonment and other acts infringe upon the legitimate rights and interests of the minor adopted child, the adopter has the right to demand the dissolution of the adoptive relationship between the adoptive parents and the adopted child. If the adopter and the adopter cannot reach an agreement to terminate the adoption relationship, they may bring a lawsuit to the people's court.
Article 26 If the relationship between adoptive parents and adult adopted children deteriorates and they cannot live together, the adoptive relationship may be dissolved by agreement. If negotiation fails, a lawsuit may be brought to the people's court.
Article 27 The parties concerned shall reach a written agreement to dissolve the adoption relationship. The adoption relationship shall be registered by the civil affairs department, and the dissolution of the adoption relationship shall be registered with the civil affairs department. If the adoption relationship is notarized, it shall go to the notary office for a notarial certificate of dissolution of the adoption relationship.
Article 28 After the dissolution of the adoptive relationship, the rights and obligations between the adopted child and the adoptive parents and other close relatives are eliminated, and the rights and obligations between the adopted child and the biological parents and other close relatives are restored by themselves. However, whether the rights and obligations between adult adopted children and their biological parents and other close relatives are restored can be determined through consultation.
Twenty-ninth after the dissolution of the adoptive relationship, the adult adopted children raised by the adoptive parents shall pay the living expenses to the adoptive parents who lack the ability to work and the source of livelihood. If the adoptive relationship is dissolved because the adopted child maltreats or abandons the adoptive parents as an adult, the adoptive parents may require the adopted child to compensate for the living expenses and education expenses incurred during the adoption.
If the biological parents ask for the dissolution of the adoption relationship, the adoptive parents may ask the biological parents to compensate the living expenses and education expenses incurred during the adoption period, except for the dissolution of the adoption relationship due to the abuse and abandonment of the adopted children by the adoptive parents.
Chapter V Legal Liability
Article 30 Whoever abducts and sells children in the name of adoption shall be investigated for criminal responsibility in accordance with the Decision of the NPC Standing Committee on Severely Punishing Criminals Who Abduct and Sell Women and Children.
Abandoning a baby shall be fined not more than 1,000 yuan by the public security department; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 183rd of the Criminal Law of People's Republic of China (PRC).
Whoever sells his own children shall be punished in accordance with the provisions of the second paragraph of this article.
Chapter VI Supplementary Provisions
Article 31 The people's congresses of ethnic autonomous areas and their standing committees may, in accordance with the principles of this Law and in light of local conditions, formulate flexible or supplementary provisions. The provisions of the autonomous region shall be reported to the NPC Standing Committee for the record. The provisions of an autonomous prefecture or autonomous county shall take effect after being approved by the standing committee of the people's congress of the province or autonomous region, and shall be reported to the NPC Standing Committee for the record.
Article 32 the State Council may formulate measures for implementation in accordance with this Law.
Article 33 This Law shall come into force as of April 2002 1992.