What principles should be followed for adoption? What principles should be followed in adoption?

Adopters must meet the following criteria:

1. No children.

2. Have the ability to raise and educate the adoptee.

3. Do not suffer from a disease that is medically considered unsuitable for adoption.

4. Be at least 30 years old.

5. Adoption shall be registered with the people's ** civil affairs department at or above the county level. The adoptive relationship is established from the date of registration. Where the birth parents of abandoned infants and children cannot be found, the civil affairs department handling the registration shall make a public announcement before registration.

Where the parties to an adoption relationship are willing to enter into an adoption agreement, they may enter into an adoption agreement. Where all or one of the parties to the adoption relationship requests a notarization of adoption, the notarization of adoption shall be completed.

Adoption is the legal means by which the paternity of the pseudo-consanguinous blood relatives takes place. The adoption system is an important part of the marriage and family system. Adopt another person's child as your own child.

The adopter is called the adoptive father and adoptive mother, and the adoptee is called the adoptive son or adoptive daughter. Adoption is subject to the conditions and procedures established by law. Our country protects legal adoptive relationships.

The rights and obligations between adoptive parents and adoptive children shall be governed by the provisions of the Marriage Law on the relationship between parents and children.

Adoption is an important legal act that creates and modifies civil rights and obligations, and it involves a series of civil legal relationships such as the upbringing and education of minors, the maintenance and support of the elderly, and property inheritance. The purpose of the legal act of adoption is to create a fictitious legal parent-child relationship between persons who do not have a parent-child relationship.

The basic principles of adoption are the fundamental norms for the implementation of the adoption system. Article 2 of the Adoption Law stipulates: "Adoption shall be conducive to the upbringing and growth of the adopted minor, protect the legitimate rights and interests of the adoptee and the adopter, follow the principle of equality and voluntariness, and shall not violate social morality."

In accordance with the foregoing, adoption shall be governed by the following basic principles:

1) Principles conducive to the upbringing and growth of the adoptee. Adoption in modern society is based on the principle of taking the interests of minors as the supreme principle, that is, to protect the rights of children, promote the interests of children, and improve the living conditions of children. Article 13 of the Declaration on Social and Legal Principles Concerning the Protection and Welfare of Children, Especially National and International Foster Care and Adoption, adopted by the United Nations in 1986, states:

The main purpose of adoption is to provide a permanent family to a child who cannot be cared for by his or her biological parents. "In our country, the vast majority of adoptees are children or minors under the age of 14, who are persons with no or limited capacity for civil conduct, lack the ability to live and judge and identify things, and are in great need of the care and love of their parents, the warmth of the family and the environment and conditions for healthy growth. Adoption is based on the needs that are conducive to the growth of the minor adoptee, and can meet the needs that are conducive to the upbringing and growth of the minor adoptee.

The law of adoption is based on the protection of the interests of the child.

2) The principle of protecting the legitimate rights and interests of adoptees and adopters. The adoptee and the adopter are the basic parties to the adoption relationship, and after the adoption relationship is established, their legitimate rights and interests are protected by law, and any violation of the legitimate rights and interests of the adopter and the adoptee is an illegal act. The adoptive relationship is not only related to the vital interests of the adopter, the adoptee and the adopter, but also to the interests of society as a whole.

Adoption enables the adoption of children that the biological parents are unable to raise, and enables childless families to be perfected by adoption to meet their living and spiritual needs, which is conducive to the healthy growth of children and the elderly to provide for them.

3) The principle of equality and voluntariness. Adoption is a civil legal act and should follow the basic principles of civil activities. The so-called equality means that the parties to the adoption relationship are equal in the civil activities of establishing or dissolving the adoption relationship, and neither party is allowed to have privileges beyond the law, and one party may not force the other party to adopt or dissolve the adoption.

The so-called voluntariness means that in the process of establishing and dissolving the adoption relationship, the parties shall do so completely voluntarily and by consensus, and neither party shall use fraud, coercion or taking advantage of the danger of others to force the other party to adopt or dissolve the adoption against their true will.

4) Do not violate the principle of social morality. The establishment or dissolution of the adoptive relationship by the parties to the adoptive relationship shall respect social morality and must not harm the public interest, only in this way can the healthy and smooth development of the adoptive relationship be ensured and the lawful rights and interests of the parties concerned be safeguarded.

Adoption should be voluntary and the adoption should be registered.

1. Principles conducive to the upbringing and growth of minors.

Ensuring the healthy development of minors is the primary purpose of the adoption system. Many provisions in the Civil Code of the People's Republic of China embody the principle of being conducive to the upbringing and growth of minors, for example, the Civil Code stipulates the conditions for adoptees, and lists the following minors under the age of 14 as objects of adoption:

Orphans who have lost their parents, abandoned babies and children whose biological parents cannot be found, and children whose biological parents have special difficulties and are unable to raise them. In order to ensure the healthy growth of adopted minors, the Civil Code of the People's Republic of China also specifically stipulates that the adopter shall have the ability to raise and educate the adoptee. At the same time, it is strictly forbidden to buy and sell children in the name of adoption.

2) The principle of protecting the legitimate rights and interests of adoptees and adopters.

The adoptive relationship involves the interests of both the adopter and the adoptee, and the principle of protecting the legitimate rights and interests of the adoptee and the adopter is embodied in the Civil Code of China, such as the adoptee should generally be a minor under the age of 14 in a special living state; Adopters generally need to be at least 30 years old, have no children, and have the ability to raise and educate the adoptee; If the biological parents give up the child for adoption, both parties must jointly send the child for adoption; Where adopters or adopters request that the secret of the adoption be kept, the other people shall respect their wishes and must not disclose them.

3) The principle of equality and voluntariness.

The adoptive relationship belongs to the category of civil legal relations, and the adoptive relationship must also follow the principle of equality and voluntariness. The principle of equality and voluntariness is embodied in China's Civil Code, such as the adopter's adoption and the adopter's adoption, both parties must be voluntary; Where minors over the age of 10 are adopted, the adoptee's consent shall be sought. The adopter and the adopter may dissolve the adoption relationship by agreement, and if the adoptive child is over 10 years old, the consent of the adopter shall be obtained.

Where all parties or one of the parties to an adoption relationship requests notarization of adoption, they shall go to a qualified notary public to handle the notarization of adoption.

4) Do not violate the principle of social morality.

The act of adoption is not only related to the vital interests of the parties, but also directly involves the public interest, so it is necessary to impose necessary restrictions on the act of adopting children from the standpoint of safeguarding social morality. The principle of not violating social morality is embodied in China's Civil Code, if a man without a spouse adopts a woman, the age difference between the adopter and the adoptee should be more than 40 years. Where the adopter does not perform the obligation to adopt, or has abuse, abandonment, or other conduct that infringes upon the lawful rights and interests of the minor's adopted child, the adopter has the right to request that the adoptive relationship between the adoptive parents and the adoptive child be dissolved.

Where the adoptive relationship is dissolved due to abuse or abandonment of the adoptive parents by the adoptive child when he or she reaches adulthood, the adoptive parents may request compensation for the living and educational expenses incurred by the adoptive child during the period.

5. The principles of laws and regulations on family planning must not be violated.

China's Civil Code specifically stipulates that adopters should generally be childless. The person who is sending a child for adoption must not use the reason of sending a child for adoption to give birth to another child in violation of the provisions on family planning. Adopters can only adopt one child.

Adoption, in general, should follow the principle of "legality". Specifically, adoption shall be conducive to the upbringing and growth of the adopted minor, safeguard the lawful rights and interests of the adoptee and the adopter, follow the principle of equality and voluntariness, and must not violate social morality.

The reference materials include the "original Adoption Law of the People's Republic of China" (repealed), and the implementation of the "Civil Code of the People's Republic of China", which will come into force on January 1, 2021.

Adoption shall follow the principles of ensuring the interests of the child to the greatest extent possible, maintaining the connection between the child and the family of origin, ensuring the legality of the adoption, and proceeding with the adoption prudently.

1. Maximize the interests of the child: The interests of the child should be the highest priority, and a comprehensive assessment must be conducted before adoption to ensure that the adoption is beneficial to the child, while also complying with relevant laws, regulations and ethical norms. Children need to respect their personal rights, including the right to know, the right to express, the right to participate, the right to information protection, the right to privacy, etc.

2. Maintain the child's connection with the family of origin: If the child has a family of origin, the adoptive family needs to respect the child's connection with the family of origin, and ensure the kinship, cultural inheritance and identity of the child and the family of origin. Provide a safe and stable environment Loose fiber and adoptive families need to provide a safe, stable and truly caring environment for their children, provide them with a stable and comfortable daily life, and establish a positive and healthy parent-child relationship.

3. Ensure the legitimacy of adoption: The applicant for adoption should obtain the approval of the corresponding laws, abide by the relevant laws, regulations and ethical norms, ensure the legality of all actions and documents taken, and eliminate any form of adoption bribery. Adoptive families need to establish a stable, safe, and supportive family environment for the child's development and growth.

It's a good idea to provide your child with the medical, educational, and other necessary support they need to ensure that they receive adequate attention and care.

4. Proceed with the adoption in a safe manner: Adoption requires a serious process. Candidates should be vetted and trained to ensure they have proper knowledge of family life and home security, and to find the best adoptive families through visits and reality visits.

At the same time, adequate follow-up and evaluation procedures should be established for the relationship, behaviour and various supports between the child and the obligatory parents.

The Meaning of Adoption

Whether you are looking for an adoptive child or considering becoming an adoptive family, look out for your child's best interests and protect their basic rights. By building a safe, supportive, and loving family environment, following relevant laws and regulations, adoption will continue to play an important role in bringing more happiness and family to this world for the foreseeable future.