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Order of the Ministry of Civil Affairs of the People's Republic of China | | 中华人民共和国民政部令 |
(No. 15) | | (第15号) |
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. | | 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。 |
Minister, Duojicairang | | 部长:多吉才让 |
May 25, 1999 | | 一九九九年五月二十五日 |
Measures on the Registration of Adoption of Children by Foreigners in the People's Republic of China | | 外国人在中华人民共和国收养子女登记办法 |
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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。 |
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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. | | 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。 |
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. | | 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。 |
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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。 |
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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). | | 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。 |
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. | | 前款规定的收养人的收养申请、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: |
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(1) application for transnational adoption; | | (一)跨国收养申请书; |
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(2) birth certificate; | | (二)出生证明; |
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(3) certificate of marital status; | | (三)婚姻状况证明; |
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(4) certificate of occupation, income and property; | | (四)职业、经济收入和财产状况证明; |
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(5) certificate of health examination; | | (五)身体健康检查证明; |
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(6) certificate certifying whether the adopter has ever been subjected to criminal punishment; | | (六)有无受过刑事处罚的证明; |
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(7) certificate certifying the approval of transnational adoption by competent agencies of the adopter's home country; | | (七)收养人所在国主管机关同意其跨国收养子女的证明; |
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(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. | | (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。 |
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. | | 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。 |
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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: | | 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)、被收养人的户籍证明等情况证明,并根据不同情况提交下列有关证明材料: |
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(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. ...... | | (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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