I. Steps to adopt a child
The first step in adopting earthquake orphans is to find a certificate from the local public security bureau to prove that the child is an orphan. At the same time, the adopted couple must be over 30 years old and need to be inspected by the Civil Affairs Bureau. The adopter has the ability to raise and educate, and the civil affairs department also needs to publish an announcement in the newspaper not to adopt the child. After 60 days, no one has any objection, and the adoption procedure is finished. (Source: New Express)
Orphans will first be placed in social welfare institutions under the civil affairs department, and the adoption of orphans needs the next arrangement and deployment of the civil affairs department. With regard to the adoption conditions, the adoption conditions stipulated in the national adoption law are aimed at ordinary children. Adoption of orphans and disabled children does not need to meet the conditions of childless and over 35 years old. However, the civil affairs department will conduct a comprehensive evaluation of the adopted families, including family income and marital relationship, in order to find a family suitable for their growth.
Two, for the adoption of earthquake orphans procedures need to provide proof:
1, adoption application;
2. The adopter's household registration book, ID card and marriage certificate;
3, issued by the neighborhood committee, the adopter's marital status, whether there are children, and the ability to raise and educate the adoptee;
4. The adopter issued by the hospital has no diseases (no mental illness or infectious disease) that are medically considered impossible to adopt children;
5. The certificate issued by the adopter's habitual residence and family planning department that the adopter has no children;
6. Both adopters are over 30 years old. If they have fertility, they must sign an agreement with the local family planning department that does not violate the current family planning regulations;
7, the report issued by the public security organs to pick up abandoned babies and children;
8. If an abandoned baby or child whose biological parents cannot be found in adoption, the adoption registration authority shall announce the finding of the biological parents before adoption registration, and if no one claims the biological parents or guardians of the abandoned baby or child for 60 days from the date of announcement, it shall be deemed that the biological parents cannot be found.
Because it involves all aspects of the adoption law, please consider the actual situation or ask the relevant institutions and departments.
As adoption law is involved, please consult the Red Cross or the orphanage.
The telephone number of the Red Cross Headquarters is (86 10)65 139999.
Three. Attached is the full text of People's Republic of China (PRC) Adoption Law.
People's Republic of China (PRC) Adoption Law (revised 1998)
(199165438+On February 29th, the 23rd meeting of the 7th NPC Standing Committee passed the Amendment to the Adoption Law of People's Republic of China (PRC) on the same day according to the Decision of the 5th meeting of the 9th NPC Standing Committee on October 4th.
catalogue
Chapter I General Provisions
Chapter II Establishment of Adoption Relationship
Chapter III Effectiveness of Adoption
Chapter IV Dissolution of Adoption Relationship
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
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, safeguard the legitimate rights and interests of adoptees and adopters, 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) guardian 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) Not suffering from diseases that are medically considered unsuitable for adopting children;
(4) At least 30 years old.
Article 7 The adoption of a child who is a collateral blood relative of the same generation within three generations may be exempted from the restrictions of 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, disabled children who can't find their biological parents, abandoned babies or children raised by social welfare institutions can be exempted from the restriction that the adopter has no children 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 may not be subject to the restrictions of Paragraph 3 of Article 4, Paragraph 3 of Article 5 and Article 6 of this Law. If the adoptee is under the age of 14, one person shall be adopted.
Fifteenth adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoption relationship shall be established from the date of registration.
Where an abandoned baby or child whose biological parents cannot be found is adopted, the civil affairs department that handles the registration shall make an announcement before registration.
If the parties to the adoption relationship are willing to conclude an adoption agreement, they may conclude an adoption agreement.
If the parties or one of the parties to the adoption relationship requests notarization of adoption, they shall do so.
Article 16 After the adoption relationship is established, the public security department shall register the adoptee registered permanent residence in accordance with the relevant provisions of the state.
Article 17 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 18 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 19 A person who puts out a child for adoption shall not give birth to another child in violation of family planning regulations on the grounds of putting out the child for adoption.
Article 20 It is forbidden to buy or sell children or to buy or sell children in the name of adoption.
Article 21 Foreigners may adopt children in People's Republic of China (PRC) in accordance with this Law.
Adoption of children by foreigners in People's Republic of China (PRC) shall be examined and approved by the competent authorities of the host country in accordance with the laws of that country. The adopter shall provide the certification materials issued by the state-owned organ where he is located about the adopter's age, marriage, occupation, property, health status and whether he has been subjected to criminal punishment. The certification materials shall be certified by the institutions authorized by diplomatic authorities or diplomatic authorities where they are located, and by the people of China and the embassies and consulates of China in that country. The adopter shall conclude a written agreement with the adopter and register with the civil affairs department of the provincial people's government in person.
If one or both parties to the adoption relationship request notarization of adoption, they shall go to a notarization institution with the qualification of notarization of foreign affairs recognized by the judicial administrative department of the State Council.
Article 22 Where 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
Twenty-third from the date of adoption, 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 24 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 25 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 26 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 27 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 28 If the parties agree to dissolve the adoption relationship, they shall register the dissolution of the adoption relationship with the civil affairs department.
Article 29 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.
Article 30 After the adoption relationship is dissolved, 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 have no source of income. 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 31 Whoever abducts and sells children in the name of adoption shall be investigated for criminal responsibility according to law.
Whoever abandons a baby shall be fined by the public security department; If a crime is constituted, criminal responsibility shall be investigated according to law.
Those who betray their own children shall be confiscated by the public security department and fined; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 32 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 rules 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 come into force after being approved by the standing committee of the people's congress of a province or autonomous region, and shall be reported to the NPC Standing Committee for the record.
Article 33 the State Council may formulate measures for implementation in accordance with this Law.
Article 34 This Law shall come into force as of April 6, 1999.