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Procedure for Child Adoption in China

1. In accordance with the Adoption Law of the People's Republic of China, foreigners may adopt children in China. Applicants for child adoption shall be:

    A. Childless;

    B. Capable of rearing and providing education to the adopted child;

    C. Thirty years old or above;

    D. Where an adoptive parent has a spouse, the couple shall adopt the child together. In case of a spouseless male adopting a baby girl, he has to be at least 40 years older than the adopted child;

    E. An adopter could only adopt one child.

    Notwithstanding the above conditions, adopting an orphan or a handicapped child need not be subject to the restrictions A, C and E as specified above.

    2. To adopt a child in China, the necessary documents required are as follows:

    A. Written application for adoption (including the pledge of not maltreating and deserting the adopted child);

    B. Personal identifications (including birth and citizenship certificates);

    C. Certificate of marital status;

    D. Certificate of occupation and financial status;

    E. Health certificate;

    F. Certificate of non-criminal record;

    G. Document which testifies that the adoption accords with the current laws applied to adoption in Canada.

    H. Family investigation report

    During the process of adoption, either party of a couple may act on behalf of the other in case of absence and subject to the power of attorney signed by the absentee.

    3. All documents mentioned above shall be notarized by a notary public and be legalized by the Department of Foreign Affairs Canada or provincial authorities and then be authenticated by the China's Embassy or Consulates-General.

    4. A written agreement shall be reached between the adopting parents and the person putting the child up for adoption. The parties shall register in the local Chinese civil affairs department in person, complete notarial procedures at the designated notarial agency. Adoptive relations shall come into force on the day of the notarization.


Chinese Adoption Registration

Firstly, "where foreigners come to China for adoption, they should come to China in person to go through the registration formalities. Where a foreign couple adopts a child in concert, they should come to China in concert and go through the adoption formalities; when one of the spouses cannot come to China for some reasons, the other spouse should submit Power of Attorney on his/her behalf and it should be notarized and authenticated."

Secondly, foreigners who come to China for adoption should conclude a written adoption agreement with the person placing out the child for adoption. The adoption agreement should include in general such contents as the adopters' willingness to adopt, the consent of the person placing out the child for adoption and both parties agree to establish adoptive relationship. The agreement shall be done in triplicate, the adopters, the person placing out the child for adoption and the adoption registration organ each keep one copy.

Thirdly, foreign adopters, the person placing out the child for adoption and the adoptee should go together to the civil affairs department of the people's government of the province, autonomous region or municipality under the jurisdiction of the Central Government for the adoptive registration in the locality of the adoptee's permanent residence. During the course of registration, the foreign adopters should as required, fill in the registration application for adoption of children in China and submit to the registration organ the Notice of Coming to China for Adoption issued by the China Center of Adoption Affairs, identity credence and photos of the adopters. The registration organ will conduct examination within 7 days from the following day of the receipt of the registration application for adoption of children by foreigners who come to China, handle the adoption registration and issue registration certificate to the adopters in conformity with the Registration Measures for Adoption of Children by Foreigners in the People's Republic of China. The adoptive relationship will be thus established as of the date of registration.


Adoption Notarization

In accordance with the stipulations of the Registration Measures for Adoption of Children by Foreigners in the People's Republic of China, where the parties or one of the parties involved in the adoptive relationship after going through the adoption registration, wishes that the adoption be notarized, they should go to the notary organ with the qualification for managing foreign-related adoption notarization at the locality where the adoption is registered for the adoption notarization.

Adoption Fees

Foreign adopters coming to China for adoption, when going through matters relating to adoption in China should pay service fee to the China Center of Adoption Affairs; registration fee to the registration organ; service fees to passport and notarization.

In accordance with the stipulations set forth in the Registration Measures for Adoption of Children by Foreigners in the People's Republic of China, for the purpose of providing for the abandoned infants and children living in the social welfare institutes, the State encourages foreign adopters and foreign adoption organizations to make donations to the social welfare institutes. The social welfare institutes which accept donations could reach agreement with the donors, specifying the property descriptions, their quality, quantity and uses. After having received the donations, the social welfare institutes should write out legal and valid receipts for the donors. All the donations must be used to improve the nurturing conditions for the abandoned infants and children reared by the social welfare institutes and must not be misappropriated for other purposes. The social welfare institutes accepting donations should inform the donors of the use of the donations, both financial and material. They should also subject themselves to the supervision of the departments concerned and make public the use of the donations.


Exit Formalities

Before the adoptee's departure, the adopters should go bringing with them the certificate of adoption registration to the public security organ at the locality where the adoption is registered and go through exit formalities for the adoptee according to the stipulations set forth in the Registration Measures for Adoption of Children by Foreigners in the People's Republic of China.

Picking up the Child

In order to pick up the child, the parents must have an immigrant visa ready for the child (the process should be started before the parents leave for China). Once in the country, the parents are required to proceed directly to the Children's Welfare Institute. The parents will then be interviewed and a contract will be created and registered. Following that the adoption will be notarized. Upon adoption, an expected donation of $3,000 to $4,000 U.S. dollars to the Children's Welfare Institute is required. Other fees also apply. Adoption is considered final.
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