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Adoption refers to the adoption of another person's child as one's own child in accordance with the provisions of the law. In rural areas, the adoption of children is also a widespread reality. However, not anyone can adopt a child, and Article 4 of the Adoption Law stipulates that the following minors under the age of 14 may be adopted:
orphans who have lost their parents; abandoned babies and children whose biological parents cannot be found; Children whose biological parents have special difficulties and are unable to support them. Article 6 stipulates that the adopter shall meet the following conditions at the same time: childless; have the ability to raise and educate the adoptee; Be at least 30 years old.
According to the above-mentioned provisions of the Adoption Act, there are certain requirements for both the adopter and the adoptee. In particular, the adoptee must be childless, at least 30 years old, and able to raise and educate the adoptee. If a single man adopts a girl, the age gap between the adopter and the adoptee must be more than 40 years old; In the case of adoption by a spouse, the adoption is made by both spouses, and the adopter can adopt only one child.
However, there are some special circumstances, such as the adoption of a sibling child by a blood relative of the same generation within three generations, the adoptee may not be subject to the restriction that the adoptee is under the age of 14 and the biological parents have special difficulties and are unable to raise the child, and the adopter is not subject to the age difference of 40 years. The adoption of orphans, disabled children or abandoned babies is also not subject to the restriction of having no children and adopting only one.
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Can an older sister's child be adopted by a younger brother?
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(1) have no children or only one child;
It refers to the situation of having no childbearing ability, unwillingness to have children, or death of a child.
Children shall be considered to have been born to both parties or one of them if they have had children, have reached the age of majority, or have been raised by a former spouse as a result of divorce.
2) have the capacity to raise, educate and protect the adoptee;
Generally refers to good economic conditions, good conduct, etc.;
It is necessary to conclude through the assessment that the Beijing Municipality is now purchasing services in a unified manner, and there is a special assessment agency to conduct the assessment, and after the introduction of the new assessment measures, the district can arrange the assessment agency on its own, but there is no district-level agency at present.
3) Do not have a medical condition that medically deems unsuitable for adoption;
It is necessary to provide the health examination certificate issued by the tertiary hospital to the assessment agency, and the evaluation agency will judge according to the materials.
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.
It means that you are 30 years old on the date of application for adoption registration, for example, you were born on March 1, 1978 and turned 30 years old on March 2, 2008.
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Question: I am 38 years old and have not been able to have children since I got married. Now my husband and I want to adopt a small child. I heard that our laws have strict requirements for adopters, but we don't know what the specific regulations are. Question: What are the requirements for an adopter?
In order to protect the lawful adoptive relationship, it is conducive to the upbringing and growth of adopted minors, and the lawful rights and interests of adoptees and adopters are protected. Article 6 of China's Adoption Law sets out strict regulations on the conditions that an adopter should have, and the law stipulates that an adopter must meet the following conditions at the same time before adopting a child: childless; have the ability to raise and educate the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; Be at least 30 years old.
Judging from the situation reflected in your letter, your husband and wife have been married for more than 10 years, both parties have been in good health, and both of them have jobs, and they have reached the age of 30, which fully meets the requirements of the law for adopters, and can adopt minors under the age of 14 in accordance with the law.
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According to Article 6 of the Adoption Law, an adopter shall meet the following conditions at the same time:
1) childless;
2) Have the ability to raise and educate the adoptee;
3) Do not have a medical condition that medically deems unsuitable for adoption;
4) Be at least 30 years old.
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The adopter meets the following conditions at the same time: (1) The adopter has no children. (2) The adopter has the ability to raise and educate the adoptee. (3) The adopter does not suffer from a disease that medically deems unfit for adoption. (4) The adopter is at least 30 years old.
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1. If a person without a spouse adopts a child of the opposite sex, the age gap between the child and the child is more than 40 years old;
2. Have the ability to raise, educate and protect the adoptee;
3. Do not suffer from any disease that is medically considered unsuitable for adoption;
4. The adopter has no children or only one child;
5. Other conditions.
[Legal basis].Article 1093 of the Civil Code of the People's Republic of China.
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.
Article 1098.
The adopter shall meet the following conditions 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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The adopter shall meet the following conditions at the same time: no children or only one child; have the ability to raise, educate and protect the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; There is no record of criminal distress that is not conducive to the healthy growth of the adoptee; Be at least 30 years old.
Article 1098 of the Civil Code of the People's Republic of China.
The adopter shall meet the following conditions at the same time:
1) Childless or with only one child;
2) have the capacity to raise, educate and protect the adoptee;
3) She has a medical condition that makes her a child unfit 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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Legal Analysis: The adopter who adopts a child shall meet the following conditions at the same time:
1) Have no children or only one child;
2) Have the ability to raise the adoptee, 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.
Legal basis: "Civil Code of the People's Republic of China" Article 1 The adopter shall meet the following conditions 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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Legal Analysis: The adopter who adopts a child shall meet the following conditions at the same time:
1) Have no children or have only one child;
2) Have the ability to raise, educate, and protect adoptees;
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.
Legal basis: Civil Code of the People's Republic of China Article 1098 The adopter shall meet the following conditions 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 not conducive to the healthy growth of the adoptee;
5) Be at least 30 years old.
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The requirements for adopters who adopt children are: 1. They must have the ability to raise, educate and protect the adoptee; 2. There is no illegal or criminal record that is not conducive to the healthy growth of the adoptee; 3. Be at least 30 years old; 4. Do not suffer from any disease that is medically considered unsuitable for adoption; 5. The age difference between the adoption of a child of the opposite sex and the adoptee shall be at least 40 years old.
[Legal basis for destruction of socks].
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 who has been sentenced; 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. Article 1102:Where a person without a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee shall be 40 years or more.
I'm in Yixingbu, so let's take it as an example
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