Is it illegal to voluntarily give away a child?

The key to the distinction lies in whether the perpetrator has the purpose of illegally making profits, and if the purpose is to sell one's own children directly for the purpose of illegal gain, it shall be punished as the crime of abducting and trafficking in women or children. Whether the perpetrator has the purpose of illegally making profits shall be comprehensively determined by examining facts such as the background and reasons for giving the children away, whether and how much money they have received, and whether the other party has the purpose of raising them and whether they have the ability to do so.

Legal analysis

Where adoption for profit is suspected of abducting or trafficking children, and where childbirth is used as a means of illegal profit, and the child is sold immediately after giving birth, it may be found to be a sale of biological children, and shall be punished as the crime of abducting and trafficking in women or children, knowing that the other party does not have the purpose of raising them, or without considering whether the other party has the purpose of raising them, or giving the children away for the purpose of receiving a huge amount of money that is clearly not a nutrition fee or thank you fee, and the rest of the acts of giving up and adopting that are sufficient to reflect that the perpetrator had the purpose of making illegal profits, may be found to be the sale of biological children, and shall be punished as the crime of abducting and trafficking in women or children. Where, not for the purpose of illegal profit, but forced to live in difficulty, or influenced by the patriarchal mentality, a child who is incapable of independent living is privately given to others to raise, including receiving a small amount of nutrition or thanks, it is an act of giving up a child for adoption by the people, and cannot be punished as the crime of abducting and trafficking in women or children. Where the child's physical and psychological health is seriously harmed as a result of the child's private adoption, or where there are other heinous circumstances, and the characteristics of the crime of abandonment are met, the crime of abandonment may be punished; Where the circumstances are obviously minor and the harm is not great, the public security organs may give administrative punishments in accordance with law.

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 can only be adopted, and it is strictly forbidden to buy and sell children or to buy and sell children in the name of adoption.

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 1093: The following minors may be adopted: (1) orphans who have lost their parents; (2) Minors whose biological parents cannot be found; (3) Children whose biological parents have special difficulties and are unable to raise them.

Voluntarily giving away a child is a crime of abandonment, if someone reports it, it is considered illegal, if both parties agree and no one pursues it, it is not for economic reasons, and if it is not for selling children, it will not be sentenced.

The adopter, that is, the parents, must have "biological parents who have special difficulties and are unable to raise their children." This is the provision of Article 1094 of China's Civil Code, which is not an illegal act. Adopters also need to qualify.

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;

This is provided for in Article 1098 of the Civil Code. As long as the procedures are legal, the adoption must go through the relevant formalities with the local civil affairs organs and public security organs.

Of course, it is not illegal, but it is necessary to sign an adoption agreement. That is, the two parties sign an agreement, so that it is legally recognized. It is also in line with the normal adoption procedures, but if it is suspected of buying and selling, then it is illegal.

It is also illegal to voluntarily give away the child, because he can be regarded as buying and selling children, so you have the relevant obligation to raise the child, and if you send it away, it will be your immorality.

There may be a violation of the law.

Parents are the legal guardians of their children, and it is also the responsibility of parents to raise their children. If you are unable to take care of the child directly due to work or some reason, it is also feasible to temporarily leave it to relatives to help take care of it, but the responsibility of guardianship is not transferred. If you give your child directly to someone else to raise, this is not allowed by law, unless you go through formalities such as giving it up for adoption.

The adoptee must also meet the conditions prescribed by law before the adoption can be processed.

Not breaking the law, but not compliant.

Specifically, parents are the legal guardians of their children and seem to have the right to deal with their children's affairs, but the law also protects their children's rights. If parents want to give up custody, they should go to the local civil affairs department to go through the relevant procedures and implement the child's guardianship, which is to protect the child and protect the guardian's rights.

Violate the law. It is not permissible to buy or sell human beings, nor is it allowed to commit illegal acts in the name of giving them for adoption. Eligible adoptions must go through the formalities and go to the Civil Affairs Bureau for processing.

If you are sure that you do not have the ability to raise the child, then you go through the normal procedure and can give the child to someone else to raise If you have the ability to raise the child, but you refuse to raise the child yourself, then you are guilty of abandonment.

Voluntarily giving a child away is also a crime of abandonment, which does not comply with legal procedures. Voluntary adoption is not illegal as long as it complies with the procedures established by law.

Adoption is a fictitious blood relationship, that is, a relationship between the adopter and the adoptive parents and adoptive children is formed that is legally considered to be the same as the real biological parents. After the adopter and the adopter sign the adoption agreement, they need to register with the civil affairs department, and the general adoption process generally includes the following steps: policy consultation, filling in the form for registration, submitting materials, reviewing and verifying, reporting for approval, and issuing the adoption registration certificate.

It is necessary to strictly distinguish the boundaries between the sale of one's own children in the name of giving them up for adoption and the acts of giving them up for adoption by the people, and the key to the distinction lies in whether the perpetrator has the purpose of making illegal profits. In specific cases, a comprehensive judgment shall be made on whether the perpetrator has the purpose of illegally making profits by examining facts such as the background and reasons for giving the children away, whether and how much money was collected, whether they have the purpose of raising them, and whether they have the ability to support them.

It is necessary to go through the procedure, and the civil affairs department has a gift and adoption regulation, and after the civil affairs bureau confirms it, it is legal.

Of course, it is illegal, the child is not an accessory of the parents, it is okay to give it to others for temporary upbringing, and the law also allows it, but it does not mean that the custody of the child is given to others.

Legal analysis: Voluntarily giving away a child is also a crime of abandonment if it does not comply with legal procedures. Voluntary adoption is not illegal as long as it complies with the procedures established by law.

Legal basis: Article 1093 of 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; (3) Children whose biological parents have special difficulties and are unable to raise them.

It is not illegal to give birth to a child and give it away under certain conditions. Adoption is allowed by law in our country, and adoption can be carried out as long as the conditions for adoption are met. The conditions for adoption are:

The adopter has no children or only one child; have the ability to raise, educate and protect the adoptee; Not suffering from a medical condition that makes it medically inappropriate to adopt a child; There is no criminal record that is not conducive to the healthy growth of the adoptee; Be at least 30 years old.

Legal basisArticle 1098 of the Civil Code.

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 1099.

The adoption of a child who is a blood relative of the same generation within three generations may be exempt from the restrictions provided for in Article 1093, Paragraph 3, Article 1094, Paragraph 3, and Article 1102 of this Law.

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

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

It is illegal to give a child to someone else without permission, and only those who meet the requirements for adoption and have gone through the formalities for adoption are not illegal

Legal basisAccording to Article 1094 of the Civil Code of the People's Republic of China, the following individuals and organizations may be adopters:

1) Guardians of orphans;

2) Child welfare establishments;

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

Article 1095:Where neither of a minor's parents has full capacity for civil conduct and might seriously endanger the minor, the minor's guardian may give them up for adoption.

Whether it is an offence to voluntarily give a child away depends on the circumstances.

Not for the purpose of illegal enrichment, but forced to live in difficulty, or under the influence of patriarchal thinking, privately give children who are not able to live independently to others to raise, including charging a small amount of "nutrition fees" and "thank you fees".It is an act of giving up women for adoption and cannot be punished as the crime of abducting and trafficking in women or children.

Where the child's physical and psychological health is seriously harmed as a result of the child's private adoption, or there are other heinous circumstances, and the characteristics of the crime of abandonment are met, the crime of abandonment may be punished; Where the circumstances are obviously minor and the harm is not great, the public security organs may give administrative punishments in accordance with law.

Legal basis

Article 1094 of the Civil CodeConditions for the adopter:

1) If the adoptee is an orphan without parents, the guardian may act as a sponsor, but only with the consent of the person who has the obligation to support him/her. If the adoptee is an orphan without a guardian, the social welfare agency can act as a sponsor.

2) If a child is sent for adoption by the biological parents, the parents must jointly send the child for adoption. However, if one of the biological parents is unknown or cannot be found, they may be unilaterally adopted. In the event of the death of one spouse and the other spouse gives up a minor child for adoption, the parents of the deceased spouse have the right of priority for maintenance.

3) Must be biological parents with full capacity for civil conduct. However, this restriction is not applicable if parents have the potential to cause serious harm to minors;

4) Have special difficulties and are unable to raise their own children. However, the adoption of a child of a blood relative of the same generation within three generations is exempt from this restriction. This restriction is also not applicable to the adoption of a stepchild by a stepparent.

Summary. Legal basis: According to Article 5 of the Law of the People's Republic of China on Confirmation of Custody Rights, "parents shall not transfer or give up custody rights without authorization. Therefore, voluntarily giving away a child is not in accordance with the law and is also illegal.

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Not breaking the law. Giving children to others, especially non-biological parents, is against the law of Ming Yan Wu and anti-China. Article 314 of the Civil Code of the People's Republic of China stipulates:

Parents are not allowed to give their children away without permission." According to Chinese law, parents cannot give their children away without authorization, and only after the trial of the court and in accordance with the relevant regulations of the court, can they give away the good children.

Legal basis: According to Article 5 of the "Law of the People's Republic of China on Confirmation of Custody Rights", "parents shall not transfer or give up custody rights without authorization. Therefore, voluntarily giving away a child is not in accordance with the law of God's depression, and it is also illegal.