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Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China [Effective]
外国人在中华人民共和国收养子女登记办法 [现行有效]
【法宝引证码】

 
Order of the Ministry of Civil Affairs of the People's Republic of China
(No. 15)
The revised Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China approved by the State Council on May 12, 1999 and promulgated hereby.
Minister, Duojicairang
May 25, 1999
Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China
 

中华人民共和国民政部令
(第15号)


经修订的《外国人在中华人民共和国收养子女登记办法》已于一九九九年五月十二日经国务院批准,现予发布施行。
部长:多吉才让
一九九九年五月二十五日
外国人在中华人民共和国收养子女登记办法
Article 1 These Measures are enacted in accordance with the Adoption Law of the People's Republic of China with a view to regularize the registration of foreign-related adoption.
   第一条 为了规范涉外收养登记行为,根据《中华人民共和国收养法》,制定本办法。
Article 2 Foreigners who attempt to adopt a child within the territory of the People's Republic of China (hereinafter referred to as foreigners attempting to adopt a child in China), shall be subject to a registration procedure according to these Measures.
Where a couple, one of whom is a foreigner, attempting to adopt a child in China, shall also be subject to a registration procedure according to these Measures.
   第二条 外国人在中华人民共和国境内收养子女(以下简称外国人在华收养子女),应当依照本办法办理登记。
收养人夫妻一方为外国人,在华收养子女,也应当依照本办法办理登记。
Article 3 Foreigners attempting to adopt a child in China shall conform to relevant laws in relation to adoption both in China and in their home countries; problems arising from the disaccords between the laws of their home countries and those of the China shall be resolved through consultation by relevant departments of the governments of two countries.
   第三条 外国人在华收养子女,应当符合中国有关收养法律的规定,并应当符合收养人所在国有关收养法律的规定;因收养人所在国法律的规定与中国法律的规定不一致而产生的问题,由两国政府有关部门协商处理。
Article 4 Foreigners attempting to adopt a child in China shall deliver an adoption application, a report and a certificate concerning family situation to adoption organizations authorized by Chinese government (hereinafter referred to as Chinese adoption organizations) through governments of their home countries or adoption organizations authorized by governments of their home countries (hereinafter referred to as foreign adoption organizations).
The adoption application, report and certificate concerning family situation mentioned in the preceding paragraph refer to following documents which shall be issued by competent agencies of the adopters' home countries, authenticated by diplomatic departments of the adopters' home countries or agencies authorized by such diplomatic departments, and authenticated by embassies or consulates of the People's Republic of China stationed in that country.
   第四条 外国人在华收养子女,应当通过所在国政府或者政府委托的收养组织(以下简称外国收养组织)向中国政府委托的收养组织(以下简称中国收养组织)转交收养申请并提交收养人的家庭情况报告和证明。
前款规定的收款人的收养申请、家庭情况报告和证明,是指由其所在国有权机构出具,经其所在国外交机关或者外交机关授权的机构认证,并经中华人民共和国驻该国使馆或者领馆认证的下列文件:
(1) application for transnational adoption;(2) birth certificate;(3) certificate of marital status;(4) certificate of occupation, income and property;(5) certificate of health examination;(6) certificate certifying whether the adopter has ever been subjected to criminal punishment;(7) certificate certifying the approval of transnational adoption by competent agencies of the adopter's home country;(8) report of family situation, including such contents as the adopter's status, eligibility and appropriateness of adoption, family background, medical history, motive for adoption and characteristics suited to child care.
Foreigners who have lived in China working or studing for more than one year, attempting to adopt a child in China, shall submit the documents prescribed in the preceding paragraph except for the certificate of health examination, and shall also submit the certificates issued by the Chinese units to which they belong or relevent departments, which certify such matters as marital status, occupation, income or property condition and whether have ever been subjected to criminal punishment, as well as the certificate of health examination issued by medical units at or above county level.
 (一)跨国收养申请书;
Article 5 Such certifying papers as the permanent resident booklet, the resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the identification card of the person in charge of such organization) and a resident certificate of the adoptee shall be submitted to a civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People's Government by the person placing out the child, and the following certifying papers shall also be submitted according to respective situations:
 (二)出生证明;
(1) Where the parents (including those who have divorced) intend to place out their child for adoption, a certificate on their incapability of upbringing owing to unusual difficulties and a written consent agreeing to place out the child for adoption shall be submitted; thereinto, where one of the parents intends to place out a child for adoption while the other spouse has died or has been missing, a certificate certifying that the other spouse has died or has been missing and a written paper declaring that the parents of the deceased or missing spouse have given up the priority in rearing the child shall also been submitted.
 (三)婚姻状况证明;
(2) Where a guardian intends to place out a child for adoption for the reason that the adoptee's parents do not have full civil capacity, a certificate certifying that the adoptee's parents have no full civil capacity and may do serious harm to the adoptee, and a certificate certifying that the guardian owns the guardianship shall be submitted.
 (四)职业、经济收入和财产状况证明;
(3) Where a guardian intends to place out a child for adoption for the reason that both of the adoptee's parents had died, certificates certifying that the adoptee's parents have died and the guardian assumes the obligations of guardianship virtually, as well as a written consent on the placement for adoption from the person who has obligations to support the adoptee shall be submitted.
 (五)身体健康检查证明;
(4) Where a social welfare organization intends to place a child for adoption, certificates on the abandonment and discovery of the abandoned infant or child as well as the process of searching for parents or other guardians of the infant or child shall be submitted; where the adoptee is an orphan, a certificate certifying the death or judicial declaration of death of the orphan's parents and a written consent from other persons having obligations to support the adoptee shall be submitted.
Where a disabled child is placed out for adoption, a certificate of disability of the child issued by a medical institution at or above the county level shall also be submitted.
 (六)有无受过刑事处罚的证明;
Article 6 The civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People's Government shall examine the credentials and certifying papers submitted by the person placing out a child for adoption, and issue public notice to look for parents for the abandoned infant or child whose parents cannot be ascertained or found; where the adoptee and the person placing out a child for adoption are believed to meet the requirements provided in the Adoption Law, a list of their names shall be notified to the Chinese adoption organizations, and the following credentials and certifying papers shall be conveyed simultaneously:
 (七)收养人所在国主管机关同意其跨国收养子女的证明;
(1) Copies of the permanent residence booklet and the resident identification card of the person placing out a child for adoption (where a social welfare organization placing out a child for adoption, the copy of the identification card of the person in charge of the organization).
 (八)家庭情况报告,包括收养人的身份、收养的合格性和适当性、家庭状况和病史、收养动机以及适合于照顾儿童的特点等。
在华工作或者学习连续居住一年以上的外国人在华收养子女,应当提交前款规定的除身体健康检查证明以外的文件,并应当提交在华所在单位或者有关部门出具的婚姻状况证明,职业、经济收入或者财产状况证明,有无受过刑事处罚证明以及县级以上医疗机构出具的身体健康检查证明。
(2) Copies of certificates certifying that the adoptee is an abandoned infant or orphan, and the resident certificate, the report of growth conditions, the certificate of health examinations as well as photos of the adoptee.
The public notice issued by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People's Government for looking for the parents of the abandoned infant or child shall be published in a local newspaper at the province level. Where no parents or other guardians acknowledge the abandoned infant or child within 60 days after the publication of the public notice, it shall be regarded as abandoned infant or child whose parents can not be acertainedren or found.
   第五条 送养人应当向省、自治区、直辖市人民政府民政部门提交本人的居民户口簿和居民身份证(社会福利机构作送养人的,应当提交其负责人的身份证件)、被收养人的户簿证明等情况证明,并根据不同情况提交下列有关证明材料:
Article 7 A suitable foreign adoptee, who is among the adoptees recommended by the civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People's Government and meets the requirements provided in the Adoption Law, shall be selected by Chinese adoption organizations after having examined the adoption application and relevant certificates submitted by a foreign adopter and by referring to the desire of the foreign adopter, and the information about the adoptee and the person placing out the child for adoption shall also be sent to the foreign adopter through foreign governments or foreign adoption organizations. Where the adoption is agreed to by the foreign adopter, a notice to come to China for adoption of the child shall be sent to him or her by Chinese adoption organizations, and simultaneously, the relevant civil affairs department of the people's government of a province, an autonomous region or a municipality directly under the Central People's Government shall be informed to send the person placing out the child for adoption a notice that a consent has already been given to the adoption of the adoptee.
......
 (一)被收养人的生父母(包括已经离婚的)为送养人的,应当提交生父母有特殊困难无力抚养的证明和生父母双方同意送养的书面意见;其中,被收养人的生父或者生母因丧偶或者一方下落不明,由单方送养的,并应当提交配偶死亡或者下落不明的证明以及死亡的或者下落不明的配偶的父母不行使优先抚养权的书面声明;
......

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