Article 1 In order to standardize adoption registration, these Measures are formulated in accordance with the Adoption Law of People's Republic of China (PRC) (hereinafter referred to as the Adoption Law). ?
Article 2 A citizen of China who adopts a child in China or terminates the adoption relationship by agreement shall register in accordance with the provisions of these Measures. The adoption registration authority is the civil affairs department of the people's government at the county level.
Article 3 If abandoned babies, children and orphans raised by social welfare institutions cannot be found, they shall register with the adoption registration authority where the social welfare institutions are located.
If abandoned babies and children raised by non-social welfare institutions cannot be found, they shall register with the adoption registration authority in the place where the abandoned babies and children are found.
If the adoptive parents have special difficulties and are unable to support the children or orphans raised by their guardians, they shall register with the adoption registration authority at the place where the adoptive parents or guardians have their permanent residence (where the guardian is organized, the place where the organization is located).
If a child is adopted by a blood relative of the same generation within three generations, or if a stepfather or stepmother adopts a stepchild, registration shall be made with the adoption registration authority where the adoptive father or adoptive mother has a permanent residence.
Article 4 The parties to an adoption relationship shall personally go to the adoption registration authority to register the establishment of the adoption relationship.
If a husband and wife jointly adopt a child, they shall jointly go through the registration formalities at the adoption registration authority; If one party is unable to go in person for some reason, it shall entrust the other party to go through the registration formalities in writing, and the power of attorney shall be certified or notarized by the villagers' committee or residents' committee.
Article 5 An adopter shall submit an application for adoption and the following documents and supporting materials to the adoption registration authority:
(a) the adopter's household registration book and identity card;
(2) A certificate issued by the adopter's unit or villagers' committee or residents' committee on his marital status, whether he has children and the ability to raise and educate the adoptee;
(3) A physical examination certificate issued by a medical institution at or above the county level that he has not suffered from a disease that is medically considered unsuitable for adopting a child.
Where an abandoned baby or child whose biological parents cannot be found is adopted, the birth certificate issued by the family planning department of the adopter's habitual residence shall be submitted; Among them, if the abandoned baby or children raised by non-social welfare institutions cannot be found, the adopter shall also submit the following supporting materials:
(a) the certificate issued by the family planning department of the adopter's habitual residence that the adopter has no children;
(two) the report certificate issued by the public security organ for picking up abandoned children.
When adopting a stepchild, you can only submit the household registration book, identity card and proof that the adopter is married to the adopted father or mother.
Article 6 The person placing out the child for adoption shall submit the following documents and supporting materials to the adoption registration authority:
(a) the resident's household registration book and identity card of the person placing out the child for adoption (if the organization is a guardian, the identity certificate of the person in charge shall be submitted);
(2) If the adoption law stipulates that adoption should be approved by other persons with the obligation to support, submit the written opinions of other persons with the obligation to support.
If the social welfare institution is the adopter, it shall also submit the original records of abandoned babies and children entering the social welfare institution, the certificate issued by the public security organ to pick up abandoned babies and children and report the case, or the certificate that the orphan's biological parents are dead or declared dead.
If the guardian is the person who puts out the child for adoption, he shall also submit the certificate that he actually bears the guardianship responsibility, the certificate that the orphan's parents are dead or declared dead, or the certificate that the adoptive parents have no full capacity for civil conduct and are seriously harmful to the adoptee.
If the parents are adopters, submit an agreement signed with the local family planning department that does not violate the family planning regulations; If you are unable to support your children due to special difficulties, you should also submit a certificate issued by your unit or villagers' committee or residents' committee that the adopter has special difficulties. Among them, if the spouse is widowed or the whereabouts of one party is unknown, it is necessary to provide proof of the death or whereabouts of the spouse; If a child is adopted by collateral blood relatives of the same generation within three generations, a notarized certificate of kinship with the adopter shall also be submitted.
If the adoptee is a disabled child, a child disability certificate issued by a medical institution at or above the county level shall be submitted.
Article 7 After receiving the application for adoption registration and related materials, the adoption registration authority shall conduct an examination within 30 days from the next day. If the conditions stipulated in the Adoption Law are met, the parties concerned shall register the adoption and issue the adoption registration certificate, and the adoption relationship shall be established from the date of registration; If it does not meet the requirements stipulated in the adoption law, it shall not be registered and the reasons shall be explained to the parties concerned.
Where an abandoned baby or child whose biological parents cannot be found is adopted, the adoption registration authority shall announce the situation of finding the biological parents before registration; If the biological parents or other guardians of an abandoned baby or child fail to claim it within 60 days from the date of announcement, it shall be regarded as an abandoned baby or child whose biological parents cannot be found. The announcement period is not included in the registration period. ? Article 8 If it is necessary to register or transfer the adoptee's household registration after the establishment of the adoption relationship, the adopter shall go to the household registration authority with the adoption registration certificate in accordance with the relevant provisions of the state.
Article 9 If the parties to the adoption relationship agree to dissolve the adoption relationship, they shall jointly go to the adoption registration organ where the adoptee's permanent residence is located to handle the registration of dissolution of the adoption relationship with the household registration book, identity card, adoption registration certificate and a written agreement on dissolution of the adoption relationship.
Article 10 After receiving the application for cancellation of adoption registration and related materials, the adoption registration authority shall conduct an examination within 30 days from the next day. In accordance with the provisions of the adoption law, the parties concerned shall handle the registration of dissolution of the adoption relationship, obtain the adoption registration certificate and issue the certificate of dissolution of the adoption relationship.
Article 11 An organization that issues certification materials for the parties involved in the adoption relationship shall truthfully issue relevant certification materials. If false certification materials are issued, the adoption registration authority shall confiscate the false certification materials, and suggest that the relevant organizations give criticism and education to the persons directly responsible, or give them administrative sanctions or disciplinary sanctions according to law.
Article 12 If a party to an adoption relationship obtains adoption registration by deception, the adoption relationship is invalid, and the adoption registration authority shall cancel the registration and collect the adoption registration certificate. ? Thirteenth the provisions of the adoption registration certificate, certificate of dissolution of adoption style, formulated by the civil affairs department of the State Council. ?
Article 14 Where overseas Chinese and China citizens living in Hongkong, Macao and Taiwan Province adopt children in the Mainland, the jurisdiction of applying for adoption registration and the required documents and certification materials shall be implemented in accordance with the relevant provisions of the civil affairs department of the State Council.
Fifteenth these Measures shall come into force as of the date of promulgation. ?
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