Adoption of a child in 2002, de facto adoption before the implementation of the Adoption Act of 92

Your de facto adoption, just like two people living together and having children, constitutes a de facto marriage in the sense of the word, but it is not protected by law.

You are not yet a legal guardian of a child.

It's a bit of a hassle when it comes to getting an adoption permit.

Legal Analysis: The de facto adoptive relationship that has been formed before the implementation of the Adoption Law should be recognized. Article 28 of the 1994 Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policy Laws stipulates that:

Where relatives, friends, or the general public have recognized it, or the relevant organization certificate clearly states that the adoptive parents and the adoptive children 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. Therefore, before the implementation of the Adoption Law, the adoptive relationship that met the substantive requirements of adoption and only lacked the formal requirements was protected. After the implementation of the Adoption Law, some parties may apply for a notarization of adoption in order to avoid various problems arising from the failure to perform legal formalities when the original adoption relationship was established.

After the implementation of the Adoption Law, the establishment of an adoptive relationship shall be handled in accordance with the provisions of the Adoption Law.

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

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.

Legal Analysis: A de facto adoption shall meet the following conditions: (1) The parties treat each other as parents.

Specifically, it can be manifested as the adoption of the child to the surname of the adoptive parent, and the parents and children are commensurate with each other; Adoptive parents fulfill their obligations to raise and educate their adoptive children; There are household registration books and files. (2) Long-term living together. Living together is the most basic form of coexistence between parents and children, and only in this way can the main rights and obligations between parents and children be realized.

If the adoptive parents foster their adoptive child to another person for special reasons such as work or life, the adoption of a de facto child may also be established based on comprehensive consideration of the actual situation. (3) The rights and obligations of parents and children have been actually fulfilled. It is manifested in the parent's raising, care, protection, and education of the child, and the child's support and support for the parents; mutual suspicion, inheritance between soldiers, etc.

4) Recognition by relatives and friends, the public, or relevant units. It is believed that adoption is a private accident involving internal family relations, and outsiders generally do not know much about it. However, relatives, friends, or adopters' units that are close to the parties generally have a better understanding of this and can play a role as witnesses.

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 ability to raise, educate, and protect adoptees; (3) They do not suffer from a disease that is medically deemed 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.

Summary. Hello, it's a pleasure to answer for you; In 1990, the law does not recognize the adoption of children without adoption procedures, and the law only recognizes the adoption relationship formed through legal adoption procedures, and the conditions for the establishment of the adoption relationship are as follows: the adopter has no children or only one child; The adopter has the ability to raise and educate the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; The adopter has no criminal record and is at least 30 years old; The parties concerned shall go to the adoption registration authority in person to go through the registration formalities for the establishment of an adoption relationship.

Hello, it's a pleasure to answer for you; In 1990, the law does not recognize the adoption of children without adoption procedures, and the law only recognizes the adoption relationship formed through legal adoption procedures, and the conditions for the establishment of the adoption relationship are as follows: the adopter has no children or only one child; The adopter has the ability to raise and educate the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; The adopter has no record of breaking the law or committing crimes, and is at least 30 years old; The parties concerned shall go to the adoption registration authority in person to go through the formalities for the establishment of an adoption relationship.

Legal basis: Article 1098 of the Civil Code provides that an 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 the adoptee's friends; (3) They do not suffer from a disease that is medically deemed 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 144:Civil juristic acts carried out by persons who lack capacity for civil conduct are invalid.

Adopters are eligible.

Is it still on the account?

Yes, it has been registered in 93.

What's the problem now?

Normally, it has been registered, and there is generally no problem.

Is it possible to reissue an adoption certificate?

It shouldn't be done now, but you can issue a de facto adoption certificate.

What are you going to do now?

Notarization of adoption. The hukou is all on the line, why do you need to apply for adoption justice?

Since the parents have settled in Hong Kong, they need to register for adoption before they can apply for settlement in Hong Kong.

If it involves a foreign interest, it may consult the Civil Affairs Bureau whether the reason for issuing a certificate.

If the Civil Affairs Bureau is unwilling to issue it, can it be handled by a lawyer?

The lawyer can't handle it.

Isn't there a household register for immigration? Why not.

Summary. The adoptive relationship is not established without the adoption formalities. The conditions for an adoptive relationship to be established are as follows:

The adopter has no children or only one child; The adopter has the ability to raise and educate the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; The adopter has no criminal record and is at least 30 years old; The parties concerned shall go to the adoption registration authority in person to go through the registration formalities for the establishment of an adoption relationship. Legal basis: Article 1098 of the Civil Code: An 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) They do not suffer from a disease that is medically deemed 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.

If you don't go through the adoption procedures, you have to make up for it.

The adoptive relationship is not established without the adoption formalities. The conditions for an adoptive relationship to be established are as follows: the adopter has no children or only one child; The adopter has the ability to raise and educate the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; The adopter has no criminal record and is at least 30 years old; The parties concerned shall go to the adoption registration authority in person to go through the registration formalities for the establishment of an adoption relationship.

Legal basis: Article 1098 of the Civil Code provides that an adopter shall meet the following conditions at the same time: (1) the adopter has no children or only one child in the case; (2) Have the ability to raise, educate, and protect adoptees; (3) They do not suffer from a disease that is medically deemed 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.

Materials for re-completing the adoption formalities: The adopter shall submit the adoption application and the following documents and supporting materials to the adoption registration authority: (1) the adopter's household registration book and resident ID card; (2) Proof of the adopter's marital status, whether he or she has children, and the adoptee's ability to raise and educate the adoptee, as issued by the adopter's unit or the villagers' committee members; (3) A physical health examination certificate issued by a medical institution at the county level or above that does not have a disease that is medically deemed unsuitable for adoption.

Adopters are eligible.

It is possible to go through the formalities of making up for adoption.

You go to the local civil affairs bureau to handle it, dear.