What are the requirements for adoption??? 5

After Zhu Lina (female), a dancer of a song and dance troupe, married Liu Liu, Zhu Lina refused to have children in order to prolong her stage career and maintain a slender body, but her husband Liu Liu loved children very much, so the couple decided to adopt a child to enjoy the joy of family. It just so happened that Liu Liu's sister gave birth to a baby girl not long ago, because her in-laws favored sons over daughters, and planned to have a second child, so as soon as they combined, they wanted to give the baby girl to Liu Liu and his wife for adoption, and Liu Liu and his wife also agreed, so they adopted the baby girl. However, three months later, the civil affairs department received a report from the masses and declared the adoption relationship null and void.

Question: Why is this adoptive relationship invalid?

A: China's Adoption Law stipulates that an adopter shall meet the following conditions at the same time:

1) Childless. The term "childlessness" here includes situations in which an unmarried person has no children, a married person who has no children, and a person who is unable to have children due to lack of childbearing capacity. In terms of legal interpretation, children include legitimate children and illegitimate children, including already adopted children.

China's "Adoption Law" stipulates that "an adopter can only adopt one child, unless otherwise provided by law".

2) Have the ability to raise and educate adopters. Competencies are spoken of here in terms of their totality, not in terms of any particular aspect of them. When assessing whether the adoptee has the ability to raise and educate the adoptee, it is necessary to consider not only the adoptee's financial affordability, but also whether the adoptee has the ability to raise and educate in terms of ideology, morality, health status, etc., such as those with bad moral character, misconduct, mental illness, etc.

3) Do not have a medical condition that makes it medically inappropriate to adopt a child. This is mainly based on the protection of the health of the adoptee, because the adoptee is generally a minor, with poor resistance and is susceptible to infectious diseases.

4) Be at least 30 years old. The minimum age for adopters is set by law in consideration of the nature of the adoptive relationship and the duration of childbearing. People under the age of 30 still have many opportunities to have children, and they are not in a hurry to adopt other people's children as their own children.

Adopting a child after reaching a certain age is better able to assume the responsibilities of an adoptive parent.

At the same time, China's "Adoption Law" also stipulates that when a man without a spouse adopts a girl, the age difference between the adopter and the adoptee shall be more than 40 years. This provision is based on ethical considerations and the need to protect adoptees.

In this case, Liu Liu and Zhu Lina were neither 30 years old, which did not meet the requirements of China's "Adoption Law" for adopters, and at the same time, Liu Liu's sister gave the adopted baby girl to Liu Liu, the purpose of which was illegal and violated the provisions of China's "Adoption Law" that "adoption shall not violate the laws and regulations on family planning". Therefore, the adoptive relationship formed by Liu Liu and Zhu Lina's adoption of her sister's daughter is invalid.

Money, a physically and mentally healthy child, right.

1. Adults with full capacity for civil conduct, that is, adults who can independently carry out civil activities and are mentally normal.

2. Be at least 35 years old. However, the adoption of orphans or disabled children may be exempt from this restriction. Stepparents adopting stepchildren are also exempt from this restriction.

Where a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be at least 40 years; However, the adoption of children of collateral blood relatives of the same generation within three generations is exempt from this restriction.

3. No children. However, the adoption of orphans or children with disabilities is exempt from this restriction. Stepparents adopting stepchildren are also exempt from this restriction.

Overseas Chinese who adopt children of collateral blood relatives of the same generation within three generations may also be exempt from this restriction. Alternatively, if a child suffers from a serious illness such as mental illness and is unable to fulfill the obligation to support him in the future, a healthy child may be adopted.

4. Have the ability to raise and educate the adoptee. If you have a legitimate job or reliable financial support, be able to take care of the adoptee's livelihood and bear the corresponding financial expenses, etc.

1. How many children can be adopted by an adopter.

Article 1110 of the Civil Code of the People's Republic of China stipulates that an adopter without children may adopt two children; Adopters with children can only adopt one child.

Minors who adopt orphans or disabled minors, or minors raised by child welfare establishments whose biological parents cannot be found, may be exempted from the restrictions provided for in the preceding paragraph and the first paragraph of article 1098 of this Law.

2. What is the process of adoption?

1. The adopter shall submit an application to the local civil affairs department with jurisdiction and fill in the Application Form for Adoption Registration.

2. The adoption registrar accepts the application for adoption registration and handles it in accordance with the following procedures:

1) Distinguish the type of adoption registration, check whether the documents and supporting materials submitted by the parties meet the requirements of this type;

2) Inquire or investigate the parties' adoption intentions, objectives and conditions, and inform them of the conditions for adoption registration and the consequences of fraud;

3) Witness the parties' signatures on the Application for Adoption Registration;

4) The information of the parties shall be entered into the computer using a program and verified;

5) Make copies of the parties' identity documents and household registration booklets. Where a single person adopts a marriage, he shall make a copy of the certificate of no marriage registration record, divorce certificate, or spouse's death certificate; Where both husband and wife adopt together, the marriage certificate shall be copied.

3. After receiving the application and relevant materials submitted by the parties, the adoption registrar shall conduct an examination within 30 days from the next day. Adopters, adopters, adoptees who are 10 years of age or older, and other persons who shall be questioned or investigated should be questioned or investigated. Adoptees who have reached the age of 10 shall be asked whether they are in agreement with the adoption and the content of the agreement.

4. For those who meet the requirements for adoption, handle the adoption registration for the parties, fill in the "Adoption Registration Review and Processing Form", report to the main leaders of the Civil Affairs Bureau or the leaders in charge for approval, and fill in and issue the adoption registration certificate.

According to Article 143 of the General Provisions of the Civil Law, the civil juristic actor must have the corresponding capacity for civil conduct, be able to express the true intention, and the civil juristic act does not violate laws and regulations or public order and good customs.

In addition to this, the adopter must also have the following qualifications:

1. Childless, childlessness here not only refers to the absence of biological children, but also refers to the absence of other adopted children and stepchildren;

2. Those who have the ability to raise and educate the adoptee, and who have the ability to raise and educate the adoptee in terms of physical, intellectual, economic, and moral character, may fulfill their parents' obligations to their children;

3. Not suffering from a disease that is medically considered unsuitable for adoption, mainly referring to mental illness and infectious diseases;

4. The adopter must be at least 30 years of age or older, and if it is a joint adoption, both parties must be at least 30 years of age.

Legal basis: Civil Code of the People's Republic of China

Article 1101:Where a person has a spouse to adopt a child, the husband and wife shall adopt it jointly.

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 more than 40 years.

Legal analysis: no children or only one child, have the ability to raise, educate and protect the adopted traveler, do not suffer from a disease that is medically considered unsuitable for adoption, have no criminal record that is not conducive to the healthy growth of the adoptee, and be at least 30 years old.

Legal basis: Article 1 of the 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 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 analysis: 1. The conditions that should be met at the same time for the maintenance of the dry chain are silver blindness: (1) no children; (2) have the ability to raise and educate the adoptee; 3) Do not have a medical condition that makes it medically inappropriate to adopt a child. 4) Be at least 30 years old.

2. If a spouse adopts a child, the husband and wife must agree to adopt a child together. 3. Where a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be at least 40 years.

Legal basis: 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) 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.

Legal analysis: The adopter should meet the following requirements of Lu Youcha: 1. No children or only one child; 2. Have the ability to raise, educate and protect the adoptee; 3. Not suffering from a spring disease that is medically considered unsuitable for adoption; 4. There is no criminal record that is not conducive to the healthy growth of the adoptee; 5. Be at least 30 years old.

Legal basis: Article 1098 of the Civil Code of the People's Republic of China: Adopters 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 and crimes that are not conducive to the healthy growth of the adoptee;

5) Be at least 30 years old.

The conditions for adoption are as follows: the adopter shall be: (1) the guardian of the orphan; (2) Child welfare establishments; (3) Biological parents who have special difficulties and are unable to raise their children.

The adoptee shall be: (1) an orphan who has lost his parents; (2) Minors whose biological parents cannot be found; (3) Children whose biological parents have special difficulties and are unable to raise them. Legal basis:

Article 1093 of the People's Republic of China and 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 in a sharp search; Children whose biological parents have special difficulties and are unable to raise them.