Adopting Law of the People's Republic of China

Adopting Law of the People's Republic of China

Order of the pesident No.54

December 19, 1991

(Adopted at the 23rd Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1991, promulgated by Order No. 54 of the President of the People's Republic of China on December 29, 1991, and effective as of April 1, 1992)

CHAPTER I GENERAL PROVISIONS
　
Article 1 This Law is enacted to protect the lawful adoptive relationship and to safe-guard the rights of parties involved in the adoptive relationship.
　
Article 2 Adoption shall be in the interest of the upbringing and growth of adopted minors, in conformity with the principle of equality and voluntariness, and not in contravention of social morality.
　
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, as enumerated below, may be adopted:
1. orphans bereaved of parents;
2. abandoned infants or children whose parents cannot be ascertained or found; or
3. children whose 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 an orphan;
2. social welfare institutions; or
3. parents unable to rear their children due to unusual difficulties.
　
Article 6 Adopters shall meet simultaneously the following requirements:
1. childless;
2. capable of rearing and educating the adoptee; and
3. having reached the age of 35.
　
Article 7 Any childless citizen who has reached the age of 35 may adopt a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship, irrespective of the restrictions specified in Item (3), Article 4; Item (3), Article 5; and Article 9 of this Law as well as the restriction of a minor under the age of 14.
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 subject to the adopter's childless status.
　
Article 8 The adopter may adopt one child only, male or female.
Orphans or disabled children may be adopted irrespective of the restrictions that the adopter shall be childless, reach the age of 35 and adopt one child only.
　
Article 9 Where a male person without spouse adopts a female child, the age difference between the adopter and the adoptee shall be no less than 40 years.
　
Article 10 Where the parents intend to place out their child for adoption, they must act in concert.
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