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1. Conditions that the adopter must meet:
1) childless;
2) Have the ability to raise and educate the adoptee;
3) do not suffer from a medical condition that inadmissible to adopt a child;
4) The adopter is at least 30 years old (if a man without a spouse adopts a woman, the age difference between the adopter and the adoptee should be more than 40 years);
2. Information to be provided by the adopter to the registration authority:
1) Application;
2) The adopter's household registration and resident ID card;
3) Proof of the adoptee's marital status, whether he has children, and his ability to raise and educate the adoptee issued by the adopter's unit or village neighborhood committee;
4) A certificate issued by the family planning department of the adopter's habitual place of residence that the adopter has no children;
5) A physical health examination certificate issued by a medical institution at or above the county level that the child does not suffer from any disease that is medically considered unsuitable for adoption;
6) Proof of the report of the adoption of abandoned infants and children whose biological parents cannot be found;
In your case, you shouldn't be okay.
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No, you must go to the Public Security Bureau to go through the relevant procedures.
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It is illegal for an adopted baby to be adopted without going through the formalities for adoption. The following points should be noted for the adoption of the adopted baby:
1. Adoption shall follow the principle of the best interests of the adoptee, protect the lawful rights and interests of the adoptee and the adopter, and prohibit the sale and purchase of minors in the name of adoption;
2. These minors can be adopted and orphans who have lost their parents; Minors whose biological parents cannot be found; Children whose biological parents have special difficulties and are unable to support them;
3. The adopter's adoption and the adopter's adoption shall be consensual. Where a minor over the age of 8 is adopted, the consent of the adoptee shall be obtained;
4. 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.
Article 1111 of the Civil Code of the People's Republic of China: From the date on which the adoptive relationship is established, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adoptive children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents.
The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.
Article 1114:Adopters must not dissolve the adoptive relationship until the adoptee reaches adulthood, except where the adopter or the adopter agrees to do so. Where an adopted child is 8 years of age or older, the consent of the child shall be obtained.
Where the adopter does not perform the obligation to support the adopter and has abuse, abandonment, or other acts that infringe upon the lawful rights and interests of the minor 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 adopter or adopter is unable to reach an agreement to dissolve the adoption relationship, they may file a lawsuit in the people's court.
Article 1118:After the adoptive relationship is dissolved, adult adopted children who have been raised by their adoptive parents shall be paid living expenses to the adoptive parents who lack the ability to work and lack livelihood. Where the adoptive relationship is dissolved due to abuse or abandonment of the adoptive parents by the adoptive child after he or she reaches adulthood, the adoptive parents may request that the adoptive child compensate for the maintenance expenses incurred during the adoption period.
Where the biological parents request the dissolution of the adoption relationship, the adoptive parents may request that the biological parents appropriately compensate for the maintenance expenses incurred during the adoption period; However, there is an exception for the dissolution of the adoptive relationship due to the abuse or abandonment of the adoptive child by the adoptive parents.
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It is not illegal to adopt a child without going through the formalities, but the adoption is legally invalid.
In general, private adoption involves the issue of illegality, usually because of the sale of children.
For example, 50,000 yuan is given to buy a child, although nominally for adoption.
However, there is a possibility that the crime of buying and selling children may be suspected.
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It is not considered a crime, but because the relevant adoption procedures have not been completed, the adoptive parents relationship is not established.
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Committing a crime is equivalent to human trafficking.
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Legal Analysis: Relatives and friends, the general public, or relevant organizations have clearly stated that they have lived together for a long time in the relationship between adoptive parents and adoptive children, even if they have not gone through legal formalities, they should be treated as adoptive relationships. Accordingly, the State recognizes the validity of de facto adoptions that meet the aforementioned conditions and provides legal protection.
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.
Article 5 of the Measures for the Registration of Adoption of Children by Chinese Citizens (2019 Revision) The adopter shall submit an application for adoption and the following documents and supporting materials to the adoption registration authority:
1) The adopter's household registration book and resident identity card;
2) Proof of the adopter's marital status and ability to raise and educate the adoptee, as well as a statement of the adopter's situation of the child, issued by the adopter's unit, villagers' committee, or residents' committee;
3) A physical health examination certificate issued by a medical institution at the county level or above that does not have a medical condition that is considered medically inappropriate for the adoption of the child.
Where the birth parents of an abandoned infant or child cannot be found, a certificate of the adopter's birth status issued by the family planning department of the adopter's habitual residence shall be submitted; Where an abandoned infant or child raised by a non-social welfare institution cannot be found, the adopter shall also submit the following supporting materials:
1) A certificate issued by the family planning department of the adopter's habitual residence that the adopter has no children;
2) Proof issued by the public security organs for picking up abandoned infants or children and reporting the case.
In the case of the adoption of a stepchild, only the household registration booklet, resident identity card, and proof of marriage between the adopter and the adoptee's biological father or mother may be submitted.
The registration authority may conduct an investigation and verification of the declaration of the child's situation issued by the adopter.
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Legal Analysis: It is recommended to go through the adoption procedures in accordance with the relevant local rules and regulations. Because according to the current laws and regulations of our country, the act of private adoption is already illegal, and it is almost on the verge of being suspected of committing a crime, and if you are not careful, you may violate the criminal law.
Legal basis: Civil Code of the People's Republic of China
Article 1044: Adoption shall follow the principle of the best interests of the adoptee, and safeguard the lawful rights and interests of the adoptee and the adopter. It is forbidden to buy or sell minors in the name of adoption.
Article 1105: Adoptions shall be registered with the people's ** civil affairs department at the county level or above. The adoptive relationship is established from the date of registration. Where the biological parents cannot be found in the adoption of minors, the civil affairs department handling the registration shall make an announcement before registration.
Where the parties to the adoption relationship are willing to sign an adoption agreement, they may sign 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. The people's ** civil affairs departments at the county level or above shall conduct an adoption assessment in accordance with law.
Article 1106: After an adoptive relationship is established, the public security organs shall handle household registration for the adoptee in accordance with relevant state provisions.
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