China's laws and administrative regulations on the adoption of children are: 1, "Adoption Law of People's Republic of China (PRC)" and "Measures for the Registration of Children Adopted by Citizens of China".
The Adoption Law stipulates that the following minors under the age of 14 can 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.
The Adoption Law stipulates that the following citizens and organizations can adopt as adopters:
(1) guardian of orphans;
(2) Social welfare institutions;
(3) biological parents who have special difficulties and are unable to raise their children.
The Adoption Law stipulates that the adopter shall meet the following conditions:
(1) No children; The adoption of orphans, disabled children in Wenchuan, Sichuan, abandoned babies whose biological parents cannot be found, and children raised by social welfare institutions can be exempted from the restriction that the adopter has no children and adopts one. )
(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.
In addition, 1, if a spouse adopts a child, both husband and wife must adopt it together. 2. If a man without a spouse adopts a woman, the age difference between the adopter and the adoptee should be over 40 years old.
The Adoption Law stipulates that 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. 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.
The Measures for the Registration of Children Adopted by Citizens of China stipulates that the adopter shall submit an application for adoption and the following documents and supporting materials to the adoption registration authority:
(a) the adopter's household registration book and identity card;
(2) A certificate issued by the adopter's unit or villagers' committee or residents' committee on his marital status, whether he has children and the ability to raise and educate the adoptee;
(3) A physical examination certificate issued by a medical institution at or above the county level that he has not suffered from a disease that is medically considered unsuitable for adopting a child.
Where an abandoned baby or child whose biological parents cannot be found is adopted, the birth certificate issued by the family planning department of the adopter's habitual residence shall be submitted; Among them, if the abandoned baby or children raised by non-social welfare institutions cannot be found, the adopter shall also submit the following supporting materials:
(a) the certificate issued by the family planning department of the adopter's habitual residence that the adopter has no children;
(two) the report certificate issued by the public security organ for picking up abandoned children.
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Urgent notice of the general office of the Ministry of Civil Affairs on doing a good job in the consultation of orphan adoption in disaster areas
Mindian [2008] No.80
Civil affairs departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, civil affairs bureaus under separate state planning, and civil affairs bureaus of Xinjiang Production and Construction Corps:
After the Wenchuan earthquake in Sichuan, many domestic and foreign organizations and individuals have consulted and adopted orphans in the disaster area. In order to solve the problems of inconsistent answers and irregular operation in various places, we should do a good job in consulting orphans in disaster areas and cooperate with the smooth progress of earthquake relief. The relevant issues are hereby notified as follows:
First, the provincial civil affairs departments should assign comrades who are familiar with the adoption business, answer in strict accordance with the adoption laws and regulations, and guide the local authorities to do a good job in interpretation.
Two, the request for the adoption of orphans in the disaster area, should be thanked, and that the orphans in the disaster area have been properly placed by the local civil affairs department. Because the earthquake rescue and emergency transfer and resettlement work are still in progress, the identity of orphans is being verified, and the adoption conditions are not yet available. After the production and living order is gradually restored, the civil affairs departments in the disaster areas will carry out the orphan adoption work as soon as possible.
General office of Ministry of Civil Affairs
May 20(th), 2008
First, the general principle of "government-led, multi-party participation, proximity-oriented, supplemented by different places" was clarified. The second is to clarify the methods and measures of combining temporary resettlement with long-term resettlement, not only based on solving the current urgent problems, but also focusing on long-term proper resettlement in the future. Third, according to the method of combining centralized resettlement with decentralized resettlement, a more comprehensive and feasible resettlement channel is put forward for the "three orphans" personnel. Fourth, the specific support policies, measures and funding channels for welfare institutions' facilities construction, daily expenses of welfare institutions, scattered resettlement expenses and psychological comfort counseling for "three orphans" personnel have been clarified.
For orphans and temporarily unclaimed children, the Opinions suggest that they should be separated from other affected people as soon as possible, on the one hand, help them find their parents and relatives as soon as possible, on the other hand, properly resettle them in welfare institutions and public schools with better conditions in Sichuan Province as soon as possible, and temporarily concentrate on raising or boarding schools. If there are difficulties in resettlement in Sichuan Province, the Ministry of Civil Affairs shall coordinate the resettlement. After the identity of orphans is confirmed, the Opinions clearly adopt the following methods for long-term resettlement: First, guardianship of relatives. Adhere to the principle of giving priority to relatives. Orphans are first raised by relatives with guardianship ability and perform guardianship duties and obligations according to law. Orphans' relatives have the will of guardianship, but their lives are difficult and they lack the ability to support them. Try to ensure that orphans grow up in a familiar family environment. The second is family adoption. Adhere to legal adoption and carry out family adoption for eligible orphans as soon as possible. If the families of the victims are willing to adopt earthquake orphans, priority can be given. The adoption of orphans over the age of ten shall obtain the consent of the orphans themselves. In order to ensure the life and study of orphans and promote their healthy growth, adopters should have certain psychological, educational and communication skills related to the adoption of orphans, and those who adopt disabled orphans should have relevant rehabilitation knowledge. The third is family foster care. For orphans who cannot be adopted by their families, we should provide a family-based care model for orphans through family foster care. Local civil affairs departments should, in accordance with the requirements of the Interim Measures for the Administration of Family Foster Care of the Ministry of Civil Affairs, choose caring, qualified and capable families to carry out family foster care, and earnestly strengthen supervision, guidance and services to foster families. The fourth is family-style parenting. Recruit qualified caring families in society and raise orphans through centralized or decentralized family facilities. Each family provides childcare services for 3-5 orphans, so that orphans can grow up healthily in the family environment. The fifth is centralized support. It is necessary to make full use of child welfare institutions with good conditions in disaster areas and other cities in Sichuan Province to properly resettle orphans. According to the physical and mental characteristics of orphans after the disaster, we should take good care of them, let them live in a family-friendly environment, and promote their healthy physical and mental development.
At the same time, the opinions put forward specific requirements for the rescue and resettlement of orphans: First, the rights of children should be guaranteed. We should adhere to the principle of giving priority to children's rights and fully respect the wishes of orphans. For orphans who can be adopted, raised and fostered by relatives, their existing kinship and geographical relationship should be maintained as far as possible; For orphans who really can't be resettled on the spot, choose the nearest city for resettlement; For orphans placed outside the province, choose welfare institutions or families with better conditions in large and medium-sized cities. Orphans are ethnic minorities, and we should respect their religious traditions and customs. Second, actively carry out medical rehabilitation for disabled orphans. Disabled orphans should receive timely treatment and rehabilitation. Those who have surgical indications are included in the "Tomorrow Plan for Rehabilitation of Disabled Orphans" of the Ministry of Civil Affairs for surgical correction and rehabilitation; Need to install artificial limbs, orthoses and other rehabilitation equipment, the civil affairs department is responsible for timely assembly. Third, effectively protect orphans' right to receive a good education. For orphans currently studying in primary and secondary schools, according to their wishes, try to let them finish their studies in their original schools or other schools with better conditions in China. Boarding orphan schools should provide them with accommodation services and take care of their lives. For disabled orphans who can't go to school, the schools within their respective administrative areas provide on-site services; For orphans admitted to ordinary high schools and institutions of higher learning, we will implement various state funding policies and provide all kinds of help to support them to complete their studies; Orphans who are willing to receive secondary vocational education can enter secondary vocational schools for free and receive good vocational education. The fourth is to do a good job in housing and employment for orphans after they become adults. In accordance with the spirit of Opinions of the Ministry of Civil Affairs and other departments 15 on Strengthening the Relief Work for Orphans (Minfa [2006] No.52), we should take more effective measures, take a long-term view, and effectively solve the housing and employment problems of orphans as adults, so as to better guarantee their lives and employment. At the same time, the Opinions provide a channel for social caring organizations and individuals to help orphans, and clarify the way and object of "social support", that is, social caring people can provide one or more orphans with economic security or services in life, education, medical care and rehabilitation. Directional or non-directional, regularly or irregularly. Orphans who receive help can be orphans living in welfare homes, orphans who are adopted or fostered, orphans who grew up in similar families and orphans who live in schools.