Regulations on how foreign Chinese can adopt three generations of collateral children

Overseas Chinese who adopt children of blood relatives of the same generation within three generations may also be exempted from the restriction that the adopter has no children.

The specific conditions are as follows: (1) The adopter shall meet the following conditions at the same time:

1.childless;

2.have the ability to raise and educate the adoptee;

3.Not have a medical condition that is considered unfit for a child;

4.Be at least 30 years old. Adopters can only adopt 1 child.

Adoption of orphans, disabled children, or abandoned infants and children raised by social welfare establishments whose biological parents cannot be found, may be exempted from the restriction that the adopter has no children and adopts one. It is possible to adopt a child of a blood relative of the same generation within three generations.

There are no restrictions on "children whose biological parents have special difficulties and are unable to raise them" and "if a man without a spouse adopts a woman, the age difference between the adopter and the adoptee shall be at least 40 years" and that the adoptee is under 14 years of age. Overseas Chinese who adopt children of blood relatives of the same generation within three generations may also be exempted from the restriction that the adopter has no children. (China Overseas Chinese Network).

2) Conditions for adoptees:

1.Minors under the age of 14 who meet the following criteria may be adopted;

2.orphans who have lost their parents;

3.abandoned babies and children whose biological parents cannot be found;

5.Children whose biological parents have special difficulties and are unable to support them.

There are special regulations for overseas Chinese to adopt children of collateral blood relatives of the same generation within three generations, so please understand.

Legal Analysis: 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.

The following citizens and organizations may be adopters: guardians of orphans; social welfare institutions; Biological parents who have special difficulties and are unable to raise their children.

Information required for the adoption of a child of a collateral blood relative of the same generation within three generations:

1) Application for joint adoption by the couple (signed by the person and fingerprinted);

2) Adopter's ID card, household registration booklet, marriage certificate (original and photocopy);

3) Proof of whether the adopter has the ability to raise and educate the adoptee (stamped and signed by the unit or village (neighborhood) committee);

4) Physical health examination certificate issued by the hospital that the adopter does not suffer from a disease that is medically considered unsuitable for adoption (two persons);

5) Proof of kinship between the adopter and the adoptee issued by the public security organ or notarized;

6) ID card and household registration book of the adopter (original and photocopy);

7) Written opinion of the adoptee (over 10 years old) agreeing to the adoption (signature and fingerprint);

8) If the biological parents are adopters, the agreement signed with the local family planning department that does not violate the provisions of family planning shall be submitted.

9) The adoptee's household registration booklet and ID card (original and photocopy);

10) Photo: Adopter: 2-inch single color photo (2 for men and 2 for women). Adoptee: 4 2-inch single color photos, 1 5-inch life photo. Group photo of the adopter and the adoptee is 2 inches and 2 pieces.

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

Article 1114:Adopters must not dissolve Lu Bizai's adoptive relationship until the adoptee reaches adulthood, except where the adopter and the adopter agree to do so. Where an adopted child is 8 years of age or older, the consent of the child shall be obtained. If the adopter does not perform the obligation to support the adoptive child, and the adopter 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 1115:Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, they may dissolve the adoptive relationship by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.

Adoptions between relatives have a relatively strong emotional foundation and can further stabilize the family relationship between the two parties. The conditions set forth in the Adoption Act for the adoption of children of the same generation within three generations between relatives:

1) The adoptee may not be under the age of 14, that is, the adoptee can be over 14 years old or an adult.

2) The biological parents who are the adopters can give up their children for adoption even if they do not have the difficulty of raising them; Adoptees can be adopted even if they are not children that the biological parents are unable to raise.

3) When a man without a spouse adopts a daughter of a blood relative of the same generation within three generations, he can be dressed up without the age difference of more than 40 years.

4) Overseas Chinese who adopt children of blood relatives of the same generation within three generations may not be subject to the restriction that the adopter has no children.

Legal basis] Article 1099 of the Civil Code, the adoption of a child who is a blood relative of the same generation within three generations may not be subject to the restrictions provided for in Article 1093, Paragraph 3, Article 1094, and Article 1102 of this Law.

Overseas Chinese who adopt children who are blood relatives who have returned to the same bureau within three generations may also be exempt from the restrictions provided for in paragraph 1 of Article 1098 of this Law.

The conditions to be met for the adoption of a child of collateral blood relatives within three generations are:

1.Adoptees may be exempt from the restriction of being under the age of 14;

2.Biological parents can give their children up for adoption even if they do not have the difficulty of raising them;

3.When a man without a spouse adopts a daughter of a blood relative of the same generation within three generations, he may not be subject to the age difference of more than 40 years;

4.Huayou Qingkaiqiao adopts the children of blood relatives of the same generation within three generations, and may not be subject to the restriction that the adopter has no children.

The adoption of a child of a collateral blood relative of the same generation within three generations may be exempted from the restrictions of Article 4, Paragraph 3, Article 5, Paragraph 3, and Article 9 of this Law and the adoptee's age of 14.

Overseas Chinese who adopt children of blood relatives of the same generation within three generations may also be exempted from the restriction that the adopter has no children.

Supplementary Provisions: Minors under the age of 14 may be adopted under the following sections of the fourth vertical strip:

1) Orphans who have lost their parents;

2) Abandoned infants and children whose biological parents cannot be found;

3) Children whose biological parents have special difficulties and are unable to raise them.

Article 5: The following citizens and organizations may be adopters:

1) Guardians of orphans;

2) Social welfare institutions;

3) Biological parents who have special difficulties and are unable to raise their children.

Article 6: Adopters 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.