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The child can be registered from the date of the adoption relationship.
The law clearly stipulates that if the adoption relationship is to be established, in addition to meeting the substantive requirements of adoption, the adoption procedure must be carried out. Otherwise, it may constitute de facto adoption, which refers to the act of both parties meeting the conditions prescribed by law and publicly living together for a long time in the relationship of adoptive parents and children without going through the adoption notarization or registration formalities, and the specific number of years of living together can constitute de facto adoption, which is not clearly stipulated in the law. The following conditions shall be met for the determination of a de facto adoptive relationship:
1. Both parties to the adoption must meet the conditions prescribed by law.
2. The adopter and the adoptee publicly recognize the relationship between their adoptive parents and children, and are commensurate with their parents and children, and are recognized by the masses and relevant organizations, and the fact that the two parties support each other.
3. The relationship of rights and obligations between the parents and the biological parents has in fact been terminated.
4. Adoption notarization or registration procedures have not been completed.
According to the relevant policies of the law, if it is recognized by relatives, friends, the public, or the relevant organization that clearly states that the adoptive parents and the adoptive child have lived together for a long time, they should be treated as an adoptive relationship, even if they have not gone through the legal formalities. Accordingly, the State recognizes the validity of de facto adoptions that meet the aforementioned conditions and provides legal protection.
The following minors may be adopted:
1. Orphans who have lost their parents;
2. Minors whose biological parents cannot be found;
3. Children whose biological parents have special difficulties and are unable to raise them.
Civil Code of the People's Republic of China.
Article 1098: Adopters shall meet the following requirements at the same time:
1) Have no children or only one child;
2) have the capacity to raise, educate and protect the adoptee;
3) Do not have a medical condition that medically deems 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.
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There is no such thing as de facto adoption, and if you want to formally adopt, you have to go through various procedures with the relevant departments. After this is done, the child may not be dissolved from the adoption relationship until the child reaches the age of 18.
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As long as you meet the conditions for adoption, it doesn't take a few years, and you can register your child in the same year!
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In this year's seventh national census, as long as there is no concealment, there will be a chance to register for the household registration.
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If you adopt a child, you have to go to the civil affairs department to go through the adoption procedures. It depends on whether you have the ability to adopt, and you can only adopt if you have the conditions!
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De facto adoption can only be settled according to the registration of the adoption, and it has nothing to do with the number of years. If there is no qualification for adoption but there is already the fact of adoption, the person concerned can go to the local welfare institute to apply for a collective household registration for the child, and then go through the normal settlement procedures after meeting the conditions.
Where the fact of support between the parties has been notarized, the dependents may submit an application for settlement to the household registration authority at the place of their permanent residence with a notarial certificate, their own legal and valid identity documents, and relevant supporting materials, and go through the formalities for settlement after approval by the county or city public security organs. If the adopter meets the conditions prescribed by law, and privately adopts abandoned babies and children whose biological parents cannot be found in the non-social welfare institutions to raise Zaofan, and the pick-up certificate is incomplete, the adopter shall apply to the civil affairs department of the county where the abandoned baby and child was found to collect and fill in the "Certificate of Picking Up Abandoned Infants", which shall be confirmed by the villagers' committee where the adopter's permanent residence is located, and the township people's ** and the sub-district office shall review and issue the "Certificate of the Child's Situation", and the public security department of the place where the pick-up will be found to inquire about the person and issue the " Proof of Picking Up Abandoned Infant Reports", and the person who has been found to have adopted the abandoned infant shall go to the civil affairs department of the county where the abandoned infant and the child has changed his posture to register for adoption with the above-mentioned certificate and other supporting materials stipulated in the Measures for the Registration of Adopted Children by Chinese Citizens.
Legal basisArticle 10 of the Regulations of the People's Republic of China on Household Registration.
If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, obtain a migration certificate, and cancel his or her household registration.
Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.
Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
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A de facto adoption is not the same as an adoption that is required by the civil affairs department to go through the adoption formalities, and it has nothing to do with the number of years.
Opinions of the General Office on Resolving the Problem of Household Registration for Persons Without Hukou (3) The fact that the adoption of a person without a hukou has not been completed in the formalities for the adoption of a person without a hukou. If the person concerned has not completed the registration of the adoption, the person concerned may apply to the civil affairs department for the registration of the adoption in accordance with the regulations, and apply for permanent residence registration with the "Adoption Registration Certificate" applied for and the adopter's household registration booklet. Before the implementation of the "Decision of the Standing Committee of the National People's Congress on Amending the Adoption Law of the People's Republic of China" on 1 April 1999, if a domestic citizen adopted a child without registration for adoption, the party concerned may, in accordance with the regulations, apply to a notary public for notarization of de facto adoption.
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1. What is the procedure for the registration of de facto adopted children?
1. The public security police station where the adopter's household registration is located accepts the application, and within 20 working days, the police in the responsible area shall investigate and verify the materials provided by the applicant and put forward opinions, and the leaders of the competent office shall sign the opinions and report to the household affairs department of the municipal public security bureau.
2. The household administration department of the Municipal Public Security Bureau shall make a decision to approve or disapprove within 15 working days after receiving the reported materials.
3. The public security police station where the adopter's household registration is located shall notify the applicant within 2 working days after receiving the decision of the household administration department of the higher-level public security organ to review and approve the lead bridge.
4. For adoptees who have registered their permanent residence, the public security police station where their household registration is located shall issue a "Migration Certificate" and cancel their household registration on the spot with the "Adoption Certificate" and the approval document of the household administration department of the municipal and county public security bureaus and the "Permit for Relocation".
5. If the adoptee's permanent residence has been registered at the public security police station where the adoptee's household registration is located, the adoptee shall go through the household registration formalities on the spot with the "Adoption Certificate", "Permit for Relocation" and "Migration Certificate"; For adoptees who have not yet settled in their permanent residence, they shall go through the household registration formalities with the "Adoption Certificate" and the approval documents of the household affairs departments of the municipal and county public security bureaus.
Legal basisAccording to Article 1099 of the Civil Code, there are special provisions on the adoption of children of collateral blood relatives of the same generation within three generations and the adoption of children of collateral blood relatives of the same generation within three generations by overseas Chinese.
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