1. What's the procedure for adopting a child?
According to the relevant provisions of the Measures for the Registration of Adoption of Children by Citizens of China, the adoption of children requires the following procedures:
1. The adopter shall submit an application for adoption and the following documents and supporting materials to the adoption registration authority.
(1), adopter's household registration book and ID card;
(2), the adopter's unit or village (neighborhood) committee issued by my marital status, whether there are 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.
2. If the adoptive parents cannot be found for abandoned babies or children, the birth certificate of the adopter 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:
(1), a certificate issued by the family planning department of the adopter's habitual residence that the adopter has no children;
(2) A report certificate issued by the public security organ for picking up abandoned babies and children. If you adopt a stepchild, you can only submit the household registration book, identity card and proof that the adopter is married to the adoptive father or adoptive mother.
3. The person placing out the child for adoption shall submit the following documents and supporting materials to the adoption registration authority:
(1), household registration book and ID card of the person placing out the child for adoption (if the organization is a guardian, submit the identity certificate of the person in charge);
(2) If the Civil Code stipulates that adoption shall be approved by other persons with the obligation to support, the written opinions of other persons with the obligation to support shall be submitted.
4. Adoption registration adopts a hierarchical registration system, involving mainland citizens and mainland citizens, and shall be handled by the county-level civil affairs department where the children's household registration is located; Adoption registration involving Hong Kong, Macao, Taiwan, overseas Chinese and mainland citizens shall be handled by the civil affairs departments of prefecture-level cities (states); Foreign adoption registration shall be handled by the civil affairs department of a province (city, autonomous region) or prefecture-level city (state) designated by the people's government of the province (city, autonomous region).
5. The parties to the adoption relationship shall personally go to the adoption registration authority to register the establishment of the adoption relationship.
At the same time, you need to bring one-inch positive photos of adopters (men and women) and recipients, and two-inch family photos of adopters and adoptees.
Second, the process of adoption
1, application
(1), the parties to the adoption relationship shall personally apply to the adoption registration authority for adoption registration. If a husband and wife jointly adopt a child, they shall jointly go through the registration formalities with the registration authority;
(2) If one party is unable to go in person for some reason, it shall entrust the other party to go through the registration formalities in writing, and the power of attorney shall be certified or notarized by the villagers' committee or residents' committee.
Step 2 review
Examination is the central link of adoption registration. After accepting the application for registration, the registration authority shall conduct a comprehensive review of the situation of the parties, including:
(1). Whether the certification materials submitted by the adopter are complete and valid;
(two) whether the conditions of the adopter, the adopter and the adoptee conform to the provisions of the laws of China;
(3) Whether the adoption purpose of the adopter is legitimate and whether the expression of will is true;
(four) whether there is a sale of children or a disguised sale of children;
(5), whether there are other illegal acts.
Step 3 register
(1). After accepting the application for registration, the adoption registration authority shall handle the adoption registration for the applicant within 30 days and issue the adoption certificate, and the adoption relationship shall be established from the date of registration;
(2), does not meet the conditions stipulated in the civil code, shall not be registered, and explain the reasons to the parties.
Step 4 announce
(1). If an abandoned baby or child whose biological parents cannot be found is adopted, the adoption registration authority shall make an announcement to find the biological parents before registration;
(2) If the abandoned baby or child's biological parents or other guardians fail to claim it within 60 days from the date of announcement, it shall be deemed that the abandoned baby or child whose biological parents cannot be found, and the announcement period shall not be counted in the registration period.
Three, the adopter has the conditions:
(a) adults with full capacity for civil conduct, that is, adults with normal mental health who can independently engage in civil activities;
(2) At least 35 years old. But the adoption of orphans or disabled children is not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. If a man without a spouse adopts a woman, the age difference between the adopter and the adoptee should be over 40 years old; However, children who adopt collateral blood relatives within three generations are not subject to this restriction.
(3) No children. But the adoption of orphans or disabled children is not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. Overseas Chinese can also adopt children of collateral blood relatives within three generations without this restriction. Or although there are children, but the children suffer from serious diseases such as mental illness, they can also adopt healthy children in the future.
(4) Having the ability to raise and educate the adoptee. Those who have a proper occupation or a reliable source of income can take care of the adopted person's life and bear the corresponding economic expenses. Except for adult adoption.
(5) Being in good health and free from infectious diseases.
(6) It has a legitimate adoption purpose and does not violate social morality, national laws and national family planning regulations. If you are playing with women or living together for a long time, you are not allowed to adopt children of the opposite sex.
(7) If the adopter has a spouse, the consent of the spouse shall be obtained; And it must be adopted by both husband and wife.
(8) The adopter can only adopt one child. However, the adoption of orphans or disabled children is not subject to this restriction.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1098 An adopter shall meet the following conditions:
(a) no children or only one child;
(2) Having the ability to support, educate and protect the adoptee;
(3) Not suffering from diseases that are medically considered unsuitable for adopting children;
(4) All criminal records that are not conducive to the healthy growth of the adoptee;
(five) at least thirty years of age.
"Measures for the registration of children adopted by citizens of China"
Article 5 An 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 and the ability to raise and educate the adoptee, as well as a description of the children issued by the adopter;
(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.
If you adopt a stepchild, you can only submit the household registration book, identity card and proof that the adopter is married to the adoptive father or adoptive mother.
The registration authority may investigate and verify the child declaration issued by the adopter.