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外国人是否可以在中国收养小孩
导读:外国人依法可以在中华人民共和国收养子女。外国人在中华人民共和国收养子女，应当经其所在国主管机关依照该国法律审查同意。收养人应当提供由其所在国有权机构出具的有关其年龄、婚姻、职业、财产、健康、有无受过刑事处罚等状况的证明材料，并与送养人签订书面协议，亲自向省、自治区、直辖市人民政府民政部门登记。
Laws Foreigners need to Know
Adoption of a Child in China
Nowadays, more and more foreigners come to China, some of them settle down, find a job and live in China, or even make up families with the Chinese, but most of them just wonder around as tourists; Anyway, you can find out that Chinese people are very kind, and China is more than a good place to see and live, some foreigners may want to adopt a Chinese baby, so here comes the question: Whether a Foreigner could adopt a Chinese child?
It’s not a common and easy question, but generally speaking, according to the Civil Code of the People’s Republic of China, the answer is positive in case the potential adopter satisfies specified conditions, such as: no child or only have one child, financially capable, physically heathy, no criminal record and above the age of 30, etc.
However, there are some additional requirements for the foreigners to adopt children in China: the adoption shall be lawful both in China and foreigner’s country of residence, the adoption shall be registered in the civil affairs department at the provincial level, and all the relevant materials/documents need to be certified and authenticated by the competent embassy or consulate as requested.
In practice, based on the successful precedents of the foreign related adoption, except the compliance with the law and legal proceedings, we could find out the foreigners‘good intention, healthy condition and excellent personal character are more valued in the censorship by the official authorities.
Note: Please pay attention that the Civil Code of the People’s Republic of China has come into force on January 1st, 2021, and the Adoption Law of the People’s Republic of China had been repealed at the same time.
Appendix
Article 1109 of 《The Civil Code of the People’s Republic of China》
Foreign nationals may adopt children in the People's Republic of China in accordance with law.
The adoption of a child by a foreign national in the People's Republic of China shall be subject to the review and approval of the competent authorities of the foreign national's country of residence in accordance with the law of that country. The foreign adopter shall submit documents issued by the competent authorities of his country of residence certifying such personal information as his age, marital status, occupation, financial situation, physical condition, and whether he has criminal record. The foreign adopter shall conclude a written agreement with the person who places the child for adoption and register the adoption in person with the civil affairs department of the people’s government at the level of provinces, autonomous regions, or municipalities directly under the State Council.
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