Are intercountry adoptions the same as foreign adoptions?

Foreign-related adoption includes foreign-related adoption in the broad sense and foreign-related adoption in the narrow sense.

Foreign-related adoption in a broad sense refers to an adoption with a foreign-related element, that is, at least one party between the adopter and the adopter is a foreigner; Adoption in a narrow sense refers to the adoption of a child of a Chinese citizen by a foreigner or stateless person within the territory of the People's Republic of China.

There are the following procedures for foreign adoption:

Clause. 1. The foreign adopter submits an application to the Chinese adoption organization through the foreign adoption organization;

Clause. 2. The Chinese adopter submits an application for adoption to the civil affairs department of China and its approval;

Clause. 3. Approval and notification of foreign-related adoptions by Chinese adoption organizations;

Clause. 4. Handle the registration of foreign-related adoptions;

Clause. 5. Handle the notarization of foreign-related adoption.

[Legal basis].Article 21 of the Adoption Law of the People's Republic of China Foreigners may adopt children in the People's Republic of China in accordance with this Law. The adoption of a child by a foreigner in the People's Republic of China shall be subject to review and consent by the competent authority of the country where the child is located in accordance with the laws of that country. The adopter shall provide proof of the adopter's age, marriage, occupation, property, health, whether he has been subject to criminal punishment and other such conditions as the adopter's age, marriage, occupation, property, health, and criminal punishment issued by the competent authority of the country where he is located, and the certification materials shall be authenticated by the diplomatic organ of the country where he is located or an institution authorized by the diplomatic organ and the embassy or consulate of the People's Republic of China in that country.

The adopter shall enter into a written agreement with the adopter and personally register with the provincial-level people's ** civil affairs department. Where all parties or one of the parties to the adoption relationship requests to handle the adoption notarization, they shall go to a notary public recognized by the judicial administrative department as having the qualifications to handle foreign-related notarization to handle the adoption notarization.

Article 2 of the Measures for the Registration of Adoption of Children by Foreigners in the People's Republic of China (hereinafter referred to as "Adoption of Children by Foreigners in China") shall be registered in accordance with these Measures. If one of the adopters' husband and wife is a foreigner and adopts a child in China, they shall also go through the registration process in accordance with these Measures.

Analysis of legal attacks: There are broad and narrow senses of foreign-related adoption. Foreign-related adoption in a broad sense refers to an adoption with a foreign-related element, that is, at least one party between the adopter and the adoptee is a foreigner.

Adoption in a narrow sense refers to the adoption of a child of a Chinese citizen by a foreigner or stateless person within the territory of the People's Republic of China.

Article 1098 of the Civil Code of the People's Republic of China: (1) having no children or only one child; (2) Have the ability to raise, educate, and protect adoptees; (3) They do not suffer from a disease that is medically deemed unsuitable for adoption; (4) There is no record of violations or crimes that are detrimental to the adoptee's healthy growth; (5) Be at least 30 years old.

Legal Analysis: The adoption of a child by a foreigner in China shall comply with the laws and regulations of China on adoption, and shall comply with the laws and regulations on adoption in the country where the adopter is located. The adopter shall meet the following conditions at the same time: the state of the family.

1) Have no children or only one child;

(2) Have the ability to raise, educate, and protect adoptees;

(3) They do not suffer from a disease that is medically deemed unsuitable for adoption;

(4) There is no record of violations or crimes that are detrimental to the adoptee's healthy growth;

(5) Be at least 30 years old. The sails are scattered.

Legal basis: Article 1098 of the Civil Code of the People's Republic of China provides that an adopter shall meet the following conditions at the same time:

1) Have no children or only one child;

(2) Have the ability to raise, educate, and protect adoptees;

(3) They do not suffer from a disease that is medically deemed unsuitable for adoption;

4) There is no record of violations or crimes that are detrimental to the healthy growth of the adoptee;

(5) Be at least 30 years old.

Lawyer. Article 28 of the Law on the Application of Laws to Foreign-Related Civil Relations.

The conditions and procedures for adoption shall be governed by the laws of the place where the adopter and the adoptee are habitually residing. The effect of the adoption shall be governed by the law of the place of habitual residence of the adopter at the time of adoption. The dissolution of the adoptive relationship shall be governed by the law of the place of habitual residence or the law of the forum at the time of adoption.

Extended Knowledge] In any of the following circumstances, the people's court may find it to be a foreign-related civil case:

1) One or both of the parties are foreigners, stateless persons, foreign enterprises or organizations;

2) The habitual residence of one or both parties is outside the territory of the People's Republic of China;

3) The subject matter is outside the territory of the People's Republic of China;

4) The legal facts that create, modify, or terminate the civil relationship occur outside the territory of the People's Republic of China;

5) Other circumstances that may be found to be foreign-related civil cases.

[Legal basis].Article 28 of the Law on the Application of Laws to Foreign-Related Civil Relations.

The conditions and formalities for adoption shall be governed by the law governing the place of habitual residence of the adopter and the adoptee. The effect of the adoption shall be governed by the law of the place of habitual residence of the adopter at the time of adoption. The dissolution of the adoptive relationship shall be governed by the law of the place of habitual residence or the law of the forum at the time of adoption.