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中华人民共和国收养法(修正) Decision on the Revision of the Adoption Law of the People's Republic of China by the Standing Committee of the National People's Congress

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(Adopted at the 5th Meeting of the Standing Committee of the 9th National People's Congress on November 4, 1998 and promulgated by Order No. 10 of the President of the People's Republic of China on November 4, 1998)
颁布日期:19981104  实施日期:19990401  颁布单位:全国人大常委会

  The 5th Meeting of the Standing Committee of the 9th National People's Congress hereby decides to make the following revisions in the Adoption Law of the People's Republic of China:

  I. Article 2 shall be revised to read as: "Adoption should in the interest of the upbringing and growth of the minors adopted, safeguarding of the legitimate rights and interests of the person adopted and the consignee following the principle of equality and voluntariness, and should not violate social ethics."

  II. A section shall be added in Article 6 to read as the Third Section: "(3)those who have not contracted disease(s) that is(are) considered medically not advisable to adopt children;"

  The Third Section shall be revised to read as the Fourth Section: "(4)at the age of 30 full years."

  III. The First Paragraph of Article 7 shall be revised to read as: "Adoption of a child of collateral relative by blood of the same generation and up to the third degree of kinship may not be subjected to the restrictions of Section (3) of Article 4, the Section (3) of Article 5, Article 9 of this Law and the adopted minor under the age of 14 full years."

  IV. The Second Paragraph of Article 8 shall be revised to read as: "Adoption of orphans, disabled children or abandoned infants or children under the care of social welfare institutions whose own parents cannot be ascertained and found may not be subjected to restrictions of the consignee being childless and of adoption of one child."

  V. Article 14 shall be revised to read as: "A stepfather or stepmother may, with the consent of his/her own parents of the stepson or stepdaughter, adopt the stepson or stepdaughter and such adoption may not be subjected to restrictions of Section (3) of Article 4, Section (3) of Article 5 and Article 6 of this Law and the restriction that the adopted minor must be under 14 full years of age as well as adoption of one child."

  VI. The First Paragraph of Article 15 shall be revised to read as: "The adoption should be registered with the civil affairs department of people's government above the county level. The adoptive relationship shall be established as of the date of registration."

  A paragraph shall be added to read as the Second Paragraph: "For adoption of abandoned infants and children whose own parents cannot be ascertained and found, the civil affairs departments handling the registration should make an announcement prior to the processing of registration." The Second Paragraph shall be revised to be two paragraphs as the Third Paragraph and the Fourth Paragraph which read as: "The parties concerned to the adoptive relationship willing to conclude an adoption agreement may conclude the adoption agreement.

  "When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for the adoption, notarization for the adoption should be completed."

  VII. An article shall be added to read as Article 16: "The public security department should, upon establishment of the adoptive relationship, process household registration for the adopted minor pursuant to relevant state provisions."

  VIII. Article 20 shall be turned into Article 21, the Second Paragraph shall be turned into two paragraphs as the Second Paragraph and the Third Paragraph which read as: "Adoption of children by an alien in the People's Republic of China should be subject to the examination and approval of the competent organ of the country of domicile pursuant to laws of the said country. The consignee should provide certification on such particulars as age, marital status, occupation, property, health and whether or not he/she has been subjected to criminal penalty issued by an organ with authority of his/her country of domicile. The said certification should be authenticated by the organ of foreign affairs or the institution authorized by the organ of foreign affairs of the country of domicile, and authenticated by the Embassy or Consulate of the People's Republic of China in the said country. The said consignee should conclude an agreement in writing with the consignor, and enter into registration at the civil affairs department of people's government at the provincial level in person.

  "When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for adoption, notarization for the adoption should be completed at a notary organ with qualifications of handling foreign-related notarization confirmed by the department of justice administration under the State Council."

  IX. Article 27 shall be turned into Article 28 which shall be revised to read as: "The parties concerned who agree to terminate the adoptive relationship should go through registration for the termination of the adoptive relationship at the civil affairs department."

  X. Article 30 shall be turned into Article 31, the First Paragraph shall be revised to read as: "Whoever abducts and sells children under the cloak of adoption shall be investigated for criminal liability according to law."

  The Second Paragraph shall be revised to read as: "Whoever abandons an infant shall be imposed a fine by the public security department; where a crime has been constituted, criminal liability shall be investigated according to law."

  The Third Paragraph shall be revised to read as: "Whoever sells his/her/their own child(children) shall be confiscated of the illegal income and imposed a fine by the public security department; where a crime has been constituted, criminal liability shall be investigated according to law.

  XI. This Decision shall enter into force as of April 1, 1999. No registration shall be processed for the establishment or termination of adoptive relationship in pursuance of the Adoption Law of the People's Republic of China pending the implementation of this Decision.

  Corresponding revisions of the Adoption Law of the People's Republic of China shall be made in accordance with this Decision and promulgated again.

  Appendix: Adoption Law of the People's Republic of China(Adopted at the 23rd Meeting of the Standing Committee of the 7th National People's Congress on December 29, 1991 and revised in accordance with the Decision on the Revision of the Adoption Law of the People's Republic of China taken by the 5th Meeting of the Standing Committee of the 9th National People's Congress on November 4, 1998)

  Contents

  Chapter I

  General Provisions

  Chapter II Establishment of Adoptive Relationship

  Chapter III Validity of Adoption

  Chapter IV Termination of Adoptive Relationship

  Chapter V

  Legal Responsibility

  Chapter VI Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted to protect the lawful adoptive relationship and to safeguard the rights of parties involved in the adoptive relationship.

  Article 2 Adoption shall be in the interest of the upbringing and growth of minors adopted, safeguarding of the legitimate rights and interests of the person adopted and the consignee, following the principle of equality and voluntariness, and shall not violate social ethics.

  Article 3 Adoption shall not contravene laws and regulations on family planning.

  Chapter II Establishment of Adoptive Relationship

  Article 4 Minors under the age of 14 full years, as enumerated below, may be adopted:

  (1) orphans bereaved of parents;

  (2) abandoned infants or children whose own parents cannot be ascertained and found; or

  (3) children whose own parents are unable to rear them due to unusual difficulties.

  Article 5 The following citizens or institutions shall be entitled to place out children for adoption:

  (1) guardians of orphans;

  (2) social welfare institutions;

  (3) those who have not contracted disease(s) that is(are) considered medically not advisable to adopt children; and

  (4) having reached the age of 30 full years.

  Article 6 Consignees shall meet simultaneously the following requirements:

  (1) being childless;

  (2) capable of rearing and educating the person adopted;

  (3) haveing contracted no disease considered medically undesirable for adoption of children; and

  (4) having reached the age of 30 full years.

  Article 7 Adoption of a child of a collateral relative by blood of the same generation and up to the third degree of kinship may not be subjected to the restrictions specified of Section (3) of Article 4, Section (3) of Article 5, Article 9 of this Law and the adopted minor under the age of 14 full years.

  An overseas Chinese, in adopting a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship, may even be not subjected to the restriction of the consignee being childless.

  Article 8 The consignee may adopt one boy or girl only.

  Adoption of orphans, disabled children or abandoned infants or children under the care of social welfare institutions whose own parents cannot be ascertained and found may not be subjected to the restrictions of the consignee being childless and of adoption of one child.

  Article 9 Where a male person without spouse adopts a female child, the age difference between the consignee and the person adopted shall be no less than over 40 full years.

  Article 10 Where the parents intend to place out their child for adoption, they must act in concert. If one parent cannot be ascertained or found, the other parent may place out the child for adoption alone.

  Where a person with spouse adopts a child, the husband and wife must adopt the child in concert.

  Article 11 Adoption of a child and the placing out of the child for adoption shall take place on a voluntary basis on both sides. Where the adoption involves a minor above the age of 10 full years, the consent of the person adopted shall be obtained.

  Article 12 If the parents of a minor are both persons without full civil capacity, the guardian(s) of the minor may not place out him(her) for adoption, except when the parents may do serious harm to the minor.

  Article 13 Where a guardian intends to place out an orphaned minor for adoption, the guardian must obtain the consent of the person who has obligations to support the orphan. Where the person who has obligations to support the orphan disagrees to place out the orphan for adoption, and the guardian is unwilling to continue the performance of his/her guardianship, it is necessary to change the guardian in accordance with the General Principles of the Civil Law of the People's Republic of China.

  Article 14 A stepfather or stepmother may, with the consent of his/her own parents of the stepson or stepdaughter, adopt the stepson or stepdaughter, and such adoption may not be subjected to the restrictions of Section (3) of Article 4, Section (3) of Article 5 and Article 6 of this Law, and the restriction that the adopted minor must be under the age of 14 full years as well as adoption of one child.

  Article 15 The adoption should be registered with the civil affairs department of people's government above the county level. The adoptive relationship shall be established as of the date of registration.

  For adoption of abandoned infants and children whose own parents cannot be ascertained and found, the civil affairs department handling registration should make an announcement prior to the processing of registration.

  The parties concerned to the adoptive relationship willing to conclude an adoption agreement may conclude the adoption agreement.

  When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for adoption, notarization for the adoption should be completed.

  Article 16 The public security department should, upon establishment of the adoptive relationship, process household registration for the adopted minor pursuant to relevant state provisions.

  Article 17 Orphans or children whose own parents are unable to rear them may be raised by the relatives or friends of their own parents.

  The adoptive relationship shall not be applicable to the relations between the supporter and the supported.

  Article 18 When death occurs to one side of the spouses, and the other side intends to place out the minor for adoption, the parents of the deceased have priority rights to raise the child.

  Article 19 Persons having placed out a child for adoption may not bear any more child, in violation of the regulations on family planning, on the ground of having placed out their child for adoption.

  Article 20 Buying and selling of children or buying and selling of children under the cloak of adoption shall be strictly prohibited.

  Article 21 An alien may, in accordance with this Law, adopt a child (male or female) in the People's Republic of China.

  Adoption of children by an alien in the People's Republic of China should be subject to the examination and approval of the competent organ of the country of domicile pursuant to laws of the said country. The consignee should provide certification on such particulars as age, marital status, occupation, property, health and whether or not he/she has been subjected to criminal penalty issued by an organ with authority of his/her country of domicile. The said certification should be authenticated by the organ of foreign affairs or the institution authorized by the organ of foreign affairs of the country of domicile and authenticated by the Embassy or Consulate of the People's Republic of China in the said country. The said consignee should conclude an agreement in writing with the consignor, and enter into registration at the civil affairs department of people's government at the provincial level in person.

  When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for adoption, notarization for the adoption should be completed at a notary organ with qualifications of handling foreign-related notarization confirmed by the department of justice administration under the State Council.

  Article 22 When the consignee and the consignor request secrecy of the adoption be kept, others shall respect their wishes and shall not make a disclosure thereof.

  Chapter III Validity of Adoption

  Article 23 As of the date of establishment of the adoptive relationship, the legal provisions governing the relationship between parents and children shall apply to the rights and obligations in the relationship between adoptive parents and adopted children; the legal provisions governing the relationship between children and close relatives of their parents shall apply to the rights and obligations in the relationship between adopted children and close relatives of the adoptive parents.

  The rights and obligations in the relationship between an adopted child and his or her own parents and other close relatives shall terminate with the establishment of the adoptive relationship.

  Article 24 An adopted child may adopt his or her adoptive father's or adoptive mother's surname, and may also retain his or her original surname, if so agreed through consultation between the parties concerned.

  Article 25 Any act of adoption contravening the provisions of Article 55 of the General Principles of the Civil Law of the People's Republic of China and those of this Law shall be of no legal validity.

  Any act of adoption ruled to be invalid by a people's court shall be of no legal validity from the very start of the act.

  Chapter IV Termination of the Adoptive Relationship

  Article 26 No consignee may terminate the adoptive relationship before the adopted person comes of age, except when the consignee and the consignor for the adoption agree to terminate such relationship. If the adopted child involved reaches the age of 10 full years or more, his or her consent shall be obtained.

  Where a consignee fails to perform the obligation of rearing and commits maltreatment, abandonment, or other acts of encroachment upon the lawful rights and interests of the minor adopted child, the consignor for adoption shall have the right to demand termination of the adoptive relationship. Where the comsignee and the consignor for adoption fail to reach an agreement thereon, a suit may be filed in a people's court.

  Article 27 Where the relationship between the adoptive parents and an adult adopted child deteriorates to such a degree that their living together in a same household becomes impossible, they may terminate their adoptive relationship by agreement. In the event of failure to reach an agreement, a suit may be filed in a people's court.

  Article 28 The parties concerned shall, upon reaching an agreement on the termination of the adoptive relationship, go through the registration for the termination of the adoptive relationship at a civil affairs department.

  Article 29 Upon termination of the adoptive relationship, the rights and obligations in the relationship between an adopted child and his or her adoptive parents and other close relatives shall also terminate, and the rights and obligations in the relationship between the child and his or her own parents and other close relatives shall be restored automatically. However, with respect to the rights and obligations in the relationship between an adult adopted child and his or her own parents and other close relatives, it may be decided through consultation as to whether to restore them.

  Article 30 Upon termination of the adoptive relationship, an adult adopted child who has been reared by the adoptive parents shall provide alimony for the adoptive parents who have lost ability to work and are short of any source of income. If the adoptive relationship is terminated on account of the maltreatment or desertion of the adoptive parents by the adopted child on reaching adulthood, the adoptive parents may demand a compensation from the adopted child for the living and education expenses paid during the period of adoption.

  If his or her own parents of an adopted child request the termination of the adoptive relationship, the adoptive parents may demand an appropriate compensation from his or her own parents for the living and education expenses paid during the period of adoption, except if the adoptive relationship is terminated on account of the maltreatment or abandonment of the adopted child by the adoptive parents.

  Chapter V Legal Responsibility

  Article 31 Whoever kidnaps and traffics children under the cloak of adoption shall be investigated for criminal responsibility in accordance with law.

  Whoever abandons an infant shall be imposed a fine by a public security organ; where a crime has been constituted, criminal responsibility shall be investigated according to law.

  Whoever sells his or her own child(children) shall be confiscated of the illegal income and imposed a fine by a public security organ; where a crime has been constituted, criminal responsibility shall be investigated according to law.

  Chapter VI Supplementary Provisions

  Article 32 People's congresses and their standing committees of autonomous areas of nationalities may, on the basis of the principles of this Law and in the light of the local conditions, formulate adaptive or supplementary provisions. Provisions of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for the record. Provisions of autonomous prefectures or autonomous counties shall be submitted to the standing committees of the provincial or autonomous regions' people's congresses for approval before coming into force, and shall also be submitted to the Standing Committee of the National People's Congress for the record.

  Article 33 The State Council may, in accordance with this Law, formulate measures for its implementation.

  Article 34 This Law shall enter into force as of April 1, 1992.

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