Chapter V Adoption

Section 1 Establishment of an Adoptive Relationship

Article 1093 The following minors may be adopted:

(1) an orphan bereaved of parents;

(2) a minor whose natural parents cannot be traced; or

(3) a minor whose natural parents are incapable of raising him due to unusual difficulties.

Article 1094 The following individuals and organizations may place a minor for adoption:

(1) the guardian of an orphan;

(2) a children’s welfare institution;

(3) a minor’s natural parents who are incapable of raising him due to unusual difficulties.

Article 1095 Where neither of the parents of a minor has full capacity for performing civil juristic acts, and where they may seriously harm the minor, the guardian of the minor may place such minor for adoption.

Article 1096 Where a guardian intends to place an orphan under his guardianship for adoption, he shall obtain the consent of the person who has the duty to raise the orphan. Where the person with the duty to raise the orphan does not consent to the adoption and the guardian is unwilling to continue exercising guardianship, a successive guardian shall be appointed in accordance with the provisions of Book One of this Code.

Article 1097 Where the natural parents intend to place their child for adoption, they shall act in concert. Where one of the natural parents is unknown or cannot be traced, the other parent may place the child for adoption by himself.

Article 1098 A prospective adopter shall meet all the following conditions:

(1) having no child or only one child;

(2) being capable of raising, educating, and protecting the adoptee;

(3) not suffering from any disease that is deemed medically unfit to be an adopter;

(4) having no criminal record unfavorable to the healthy growth of the adoptee; and

(5) reaching the age of thirty.

Article 1099 Adoption of a child from one’s collateral relatives by blood of the same generation and up to the third degree of kinship may be exempted from the restrictions provided in Subparagraph (3) of Article 1093, Subparagraph (3) of Article 1094, and Article 1102 of this Code.

Adoption of a child by an overseas Chinese from his collateral relatives by blood of the same generation and up to the third degree of kinship may also be exempted from the restrictions prescribed in Subparagraph (1) of Article 1098 of this Code.

Article 1100 A childless adopter may adopt two children, and an adopter with one child may adopt only one more child.

Adoption of an orphan, a minor with disabilities, or a minor in a children’s welfare institution whose natural parents cannot be traced may be exempted from the restrictions provided in the preceding paragraph and Subparagraph (1) of Article 1098 of this Code.

Article 1101 Where a person with a spouse intends to adopt a child, the person and his spouse shall jointly adopt the child.

Article 1102 Where a person without a spouse intends to adopt a child of a different gender, the prospective adopter shall be at least forty years older than the adoptee.

Article 1103 A stepparent may, with the consent of the natural parents of the stepchild, adopt the stepchild, and such adoption may be exempted from the restrictions provided in Subparagraph (3) of Article 1093, Subparagraph (3) of Article 1094, Article 1098, and Subparagraph (1) of Article 1100 of this Code.

Article 1104 Both adoption and placing for adoption shall be based on mutual consent. Where a minor adoptee is aged eight or above, his consent shall be obtained.

Article 1105 Adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoptive relationship is established upon registration.

In the case of adopting a minor whose parents cannot be traced, the civil affairs department for adoption registration shall make public notice prior to the registration.

The parties to an adoptive relationship may enter into an adoption agreement on a voluntary basis.

Upon request of both parties or one of the parties to an adoptive relationship, an adoption shall be notarized.

The civil affairs department of the people's government at or above the county level shall evaluate the adoption in accordance with the law.

Article 1106 Upon establishment of an adoptive relationship, the public security department shall facilitate household registration for the adoptee in accordance with the relevant regulations of the State.

Article 1107 An orphan or a child whose natural parents are incapable of raising him may be raised by the relatives or friends of his natural parents. The provisions of this Chapter shall not apply to the relationship between two persons one of whom is raised by the other.

Article 1108 Where one spouse is deceased and the surviving spouse intends to place their minor child for adoption, the parents of the deceased spouse shall have priority in raising the child.

Article 1109 Foreign nationals may adopt children in the People's Republic of China in accordance with law.

The adoption of a child by a foreign national in the People's Republic of China shall be subject to the review and approval of the competent authorities of the foreign national's country of residence in accordance with the law of that country. The foreign adopter shall submit documents issued by the competent authorities of his country of residence certifying such personal information as his age, marital status, occupation, financial situation, physical condition, and whether he has criminal record. The foreign adopter shall conclude a written agreement with the person who places the child for adoption and register the adoption in person with the civil affairs department of the people’s government at the level of provinces, autonomous regions, or municipalities directly under the State Council.

The certifying documents provided in the preceding paragraph shall be authenticated by the diplomatic authorities of the country in which the foreign national resides or by an agency authorized by the said diplomatic authorities, and then authenticated by the embassy or consulate of the People's Republic of China in the said country unless otherwise provided by the State.

Article 1110 Where an adopter or a party placing a child for adoption requires that the adoption be kept confidential, the other persons shall respect their will and shall not disclose it.

Section 2 Effect of Adoption

Article 1111 Upon establishment of an adoptive relationship, the provisions of this Code governing the parents-children relationship shall apply to the rights and duties between the adoptive parents and the adopted children. The provisions of this Code governing the relationship between children and the close relatives of their parents shall apply to the rights and duties between the adopted children and the close relatives of their adoptive parents.

Upon establishment of an adoptive relationship, the rights and duties arising between the adoptee and his natural parents as well as the latter’s other close relatives shall be terminated.

Article 1112 An adopted child may take the surname of his adoptive father or mother, or may retain his original surname upon consent of all the parties to the adoption.Article 1113 An adoption shall be void when it constitutes a void civil juristic act as provided in Book One of this Code or violates the provisions provided in this Book.

A void adoption has no legal effect ab initio.

Section 3 Dissolution of an Adoptive Relationship

Article 1114 No adopter may dissolve an adoptive relationship before the adoptee has reached the majority age unless there is an agreement between the adopter and the party who places the child for adoption to dissolve such relationship. Where an adoptee is aged eight or above, his own consent thereto shall be obtained. Where an adopter fails to perform the duty to raise the adoptee or commits maltreatment, desertion, or other acts infringing upon the lawful rights and interests of the minor adoptee, the person who has placed the child for adoption has the right to request that the adoptive relationship be dissolved. Where an adopter and a party who has placed a child for adoption fail to reach an agreement for dissolution of the adoptive relationship, either party may file a lawsuit with the people’s court.

Article 1115 Where the relationship between the adoptive parents and the adopted child who has become an adult so deteriorates that they are unable to live together, the adoption may be dissolved by agreement. Where the parties fail to reach such an agreement, either party may file a lawsuit with the people's court.

Article 1116 Where the parties agree to dissolve an adoptive relationship, they shall register the dissolution with the civil affairs department.

Article 1117 Upon dissolution of an adoptive relationship, the rights and duties between an adoptee and his adoptive parents as well as the latter’s other close relatives shall be terminated, and the rights and duties between the adoptee and his natural parents as well as the latter’s other close relatives shall be automatically restored. However, while an adopted child has become an adult, whether the rights and duties between such an adoptee and his natural parents as well as the latter’s other close relatives are to be restored may be decided through consultation.

Article 1118 After dissolution of an adoptive relationship, an adoptee who has been raised up by the adoptive parents and now become an adult shall provide living expenses to his adoptive parents who lack both the capacity to work and the means to support themselves. Where an adoptive relationship is dissolved because the adopted child maltreats or deserts his adoptive parents after the adopted child has become an adult, the adoptive parents may request the adoptee to compensate for the expenses incurred to raise the adoptee during the adoption period.

Where dissolution of an adoptive relationship is required by the natural parents of the adoptee, the adoptive parents may request the natural parents of the adoptee to appropriately compensate for the expenses incurred to raise the adoptee during the adoption period, unless the adoptive relationship is dissolved because the adoptive parents maltreat or desert the adoptee.