Decision of the Standing Committee of the National People's Congress on Amending the Adopting Law of the People's Republic of China

Order of the President of the People's Republic of China No.10

November 4, 1998

The Decision of the Standing Committee of the National People's Congress on Amending the Adopting Law of the People's Republic of China has been adopted at the 5th session of the Standing Committee of the Ninth National People's Congress on November 4, 1998, and is implemented as of April 1, 1999.

Jiang Zemin, President of the People's Republic of China

Decision of the Standing Committee of the National People's Congress on Amending the Adopting Law of the People's Republic of China

(Adopted at the 5th session of the Standing Committee of the Ninth National People's Congress on November 4, 1998)

It is decided to amend the Adopting Law of the People's Republic of China at the 5th session of the Standing Committee of the Ninth National People's Congress as follows:

I. Article 2 is revised to read: "Adoption shall be in the interest of the upbringing and growth of adopted minors, with the lawful rights and interests of both adoptees and adopters safeguarded, in adherence to the principles of equality and voluntariness, and not in contravention of social morality."

II. A new Sub-paragraph 3 of Article 6 is added to read: "3. suffering no such disease as is medically regarded as unfit for adopting a child; and"
Sub-paragraph 3 is renumbered as Sub-paragraph 4 thereof, and revised to read: "4. having reached the age of 30."

III. Paragraph 1 of Article 7 is revised to read: "A person may adopt a child belonging to a collateral relative by blood of the same generation and up to the third degree of kinship, irrespective of the restrictions specified in sub-paragraph (3) of Article 4; sub-paragraph (3) of Article 5 and Article 9 of this Law as well as the restriction that the adoptee shall be under the age of 14."

IV. Paragraph 2 of Article 8 is revised to read: "Orphans, disabled children, or abandoned infants and children whose parents cannot be ascertained or found and who are under the care of a social welfare institution may be adopted irrespective of the restrictions that the adopter shall be childless and that he or she may adopt one child only."

V. Article 14 is revised to read: "The husband or wife may, with the consent of the father or mother of a child, adopt the child as his or her step-son or step-daughter, and may be subject to no restrictions specified in sub-paragraph (3) of Article 4; sub-paragraph (3) of Article 5 and Article 6 of this Law, nor the restrictions that the adoptee shall be under the age of 14 and that only one child may be adopted."

VI. Paragraph 1 of Article 15 is revised to read: "The adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoptive relationship shall be established as of the date of registration."
A new Paragraph 2 thereof is added to read: "Where an abandoned infant or child whose parents cannot be ascertained or found is adopted, the civil affairs department in charge of registration shall make it known to the general public before registration."
Paragraph 2 is divided into two paragraphs as Paragraph 3 and Paragraph 4 thereof to read: "If the parties involved in the adoptive relationship wish to enter into an agreement on adoption, they may conclude such an agreement."
"If the parties or one party involved in the adoptive relationship wishes that the adoption be notarized, it shall be done accordingly."

VII. A new Article 16 is added to read: "After the adoptive relationship is established, the public security organ shall, in accordance with the relevant regulations of the State, register the adoptee's residence."

VIII. Article 20 is renumbered as Article 21, and Paragraph 2 thereof is divided into two paragraphs as Paragraph 2 and Paragraph 3 thereof to read: "Where a foreigner wishes to adopt a child in the People's Republic of China, the matter shall be subject to examination and approval of the competent authorities of the country, to which he or she belongs, in accordance with the law of that country. The adopter shall provide papers certifying such particulars of the adopter as age, marital status, profession, property, health and whether ever subjected to criminal punishment, which are issued by the competent agencies of the country to which the adotper belongs. Such certifying papers shall be authenticated by a foreign affairs institution of the country to which the adopter belongs or by an agency authorized by the said institution, and by the embassy or consulate of the People's Republic of China stationed in that country, too. The adopter shall conclude a written agreement with the person who places out the child for adoption and register in person the adoption with a civil affairs department of the people's government at the provincial level."
"If the parties or one party involved in the adoptive relationship wishes that the adoption be notarized, it shall be done with a notary agency that is qualified to handle foreign-related notarization and is designated by the administrative department of justice under the State Council."

IX. Article 27 is revised and renumbered as Article 28 to read: "Where the parties agree to terminate the adoptive relationship, they shall register the termination of the adoptive relationship with a civil affairs department."

X. Article 30 is renumbered as Article 31, and Paragraph 1 thereof is revised to read: "Whoever abducts and traffics in a child under the cloak of adoption shall be investigated for criminal responsibility in accordance with law."
Paragraph 2 thereof is revised to read: "Whoever abandons an infant shall be fined by a public security organ; if the act constitutes a crime, the offender shall be investigated for criminal responsibility in accordance with law."
Paragraph 3 thereof is revised to read: "Whoever sells his or her own child, his or her illegal gains shall be confiscated by a public security organ and he or she shall also be fined; if the act constitutes a crime, the offender shall be investigated for criminal responsibility in accordance with law."

XI. This Decision is implemented as of April 1, 1999. Prior to the effectiveness of the Decision, any establishment or termination of an adoptive relationship under the Adopting Law of the People's Republic of China (1991) shall not be registered.

The Adopting Law of the People's Republic of China (1991) shall be revised accordingly and re-promulgated.