Insights

How does Ningbo legally adopt a child? Conditions, procedures and registration

Ningbo Author：LuXu WANG

If you wish to adopt a child, the first step is not to “bring the child home,” but rather to apply for adoption registration at the civil affairs department of the people’s government at or above the county level. This is a mandatory provision set forth in the Civil Code: adoption shall be registered with the civil affairs department of the people’s government at or above the county level, and the adoptive relationship shall come into existence from the date of registration. In other words, no matter how deep the relationship between the two parties is and how long they have been raised, as long as they are not registered in accordance with the law, the relationship between parents and children is not recognized in law-the child is not "your child", and you are not the child's "father" or "mother". In practice, commonly encountered arrangements such as “informal fostering,” “adoption by relatives or friends,” and “verbal agreements” do not give rise to legal effects of adoption, except in a very limited number of historically established cases. In combination with the adoption chapter of the Civil Code (Articles 1093 to 1110) and the rules of marriage and family affairs, this paper makes clear "who can be adopted, who will be adopted, what conditions the adopter needs, where to do it, how to do it, and what will happen without registration", and attaches practical tips for handling in Ningbo area.

1. Who can be adopted: three categories of minors

Article 1093 of the Civil Code stipulates that the following minors may be adopted:

  • Orphans who have lost their parents, i.e., children whose parents have died or been declared legally dead;
  • Minors whose biological parents cannot be found—typically children who have been abandoned, found as stray infants, or remain unaccounted for after public notices have been issued—are included.
  • Children whose biological parents have special difficulties and are unable to raise them., such as situations where the biological parents are seriously ill, severely disabled, or incarcerated, and are genuinely unable to provide care.

Here, we need to focus on three key words. The first is "minors". The Civil Code extends the upper age limit for adoption to less than 18 years of age, and adult children cannot be adopted-in practice, some people "adopt" adult relatives to change the relationship, and the court finds that it is not established (in the case of "adoption" after adulthood, the adoption is invalid because the adoptee is an adult and does not meet the conditions). Second, individuals who do not fall into any of the three designated categories are, in principle, ineligible for adoption; for example, children whose parents are alive and capable of providing care may not be “adopted” by others without the consent of their biological parents. The third is voluntary consent. Article 1104 stipulates that if a minor over eight years old is adopted, the consent of the adoptee shall be obtained; the civil affairs registration will require him to issue a written consent.

2. Who is the adopter: there are only three options.

Article 1094 of the Civil Code stipulates that only three categories of persons may serve as adopters:

  • Guardian of the orphan;
  • Child welfare institution;
  • Biological parents who are experiencing severe financial hardship and are unable to raise their children.。

These three categories are “eligible adopters”; others do not have the qualification to place a child for adoption. For example, if the child's uncle and neighbor "send" someone else's child to you, even if they sign it, it will be invalid because the foster person is not suitable. There are also several accompanying rules regarding adoption that you should keep in mind:

  • If a guardian adopts an orphan, he should obtain the consent of the person who has the obligation to support the orphan; if the person who has the obligation to support the orphan does not agree to adopt the orphan, and if the guardian is unwilling to continue to perform the duty of guardianship, the guardian should be appointed separately (Article 1096);
  • When biological parents place a child for adoption, both parents shall jointly undertake the adoption; however, if one parent is unknown or cannot be located, adoption may be carried out by the other parent alone (Article 1097).
  • If both parents of a minor lack full civil capacity and may seriously endanger the minor, the minor’s guardian may place the minor for adoption (Article 1095);
  • If one spouse dies and the surviving spouse places a minor child for adoption, the parents of the deceased spouse shall have priority in custody (Article 1108);
  • Orphans or children whose biological parents are unable to raise them may be cared for by the relatives or friends of their biological parents; however, such “care” does not constitute adoption and is not subject to the provisions governing adoptive relationships (Article 1107).

These provisions, taken together, underscore a key principle: adoption is not something that anyone can undertake at will; it involves a dual safeguard—respect for the biological parents’ wishes and the best interests of the minor.

3. The adopter must simultaneously meet five conditions.

Article 1098 of the Civil Code stipulates that adopters shall simultaneously meet the following conditions:

  • No children or only one child. This represents a relaxation of the 2020 Civil Code compared to the original Adoption Law: whereas the previous requirement was “no children,” single-child families are now also permitted to adopt one additional child.
  • Has the ability to nurture, educate, and protect the adoptee., covering aspects such as economics, physical well-being, time management, and character;
  • Does not suffer from any medical condition that, according to medical opinion, would preclude adoption., a medical examination by a medical institution at or above the county level and the issuance of a certificate are required;
  • There is no criminal record that is harmful to the healthy growth of the adopter, this is a new requirement under the Civil Code; any individual with a record of sexual assault, abuse, abandonment, violent injury, human trafficking, or similar offenses shall be deemed ineligible.
  • Is thirty years old.

All five are indispensable. If there is a spouse, the husband and wife shall also adopt together (Article 1101), and unilateral adoption is not established in principle; In the existing cases of the court, if one party adopts without authorization and the other party has not adopted together, it is deemed not to be established.

Beyond the general provisions, the law provides several “relaxed” pathways:

  • Adopting children of the same blood within three generations (such as children of brothers and sisters) can be exempted from the three restrictions of "the biological parents have special difficulties and are unable to raise", "the adopter must be the biological parents who have special difficulties and are unable to raise" and the adoption of the opposite sex without a spouse must be 40 years old (Article 1099, Paragraph 1);
  • When overseas Chinese adopt the children of collateral relatives within three generations, they are also exempt from the requirement that they must be “childless or have only one child” (Article 1099, paragraph 2);
  • If a stepfather or stepmother, with the consent of the biological parents of the stepchild, adopts the stepchild, they may be exempt from certain general restrictions (Article 1103).

4. Limits on the number of adopted children and the age difference

In addition to the “person” criterion, there are also two other restrictions: “quantity” and “age difference.”

With regard to the number of children, Article 1100 provides: An adopter without any children may adopt two children; an adopter who already has one or more children may adopt only one child. However, there are exceptions: the adoption of orphans, minors with disabilities, or minors raised by child welfare institutions whose biological parents cannot be located is not subject to the aforementioned numerical limits, nor to the requirement that the adoptive parents have no children or only one child. In other words, the law encourages people to adopt children who are in the greatest need of a family.

With regard to the age difference, Article 1102 provides: Where a person without a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee shall be at least forty years. This article focuses on the adoption of girls by single men and aims to prevent ethical risks. It should be noted that “being single” does not equate to “being ineligible for adoption”; it merely establishes a higher age threshold. However, this restriction does not apply when adopting the children of collateral relatives within three degrees of kinship (Article 1099).

Where to do the 5. and how to do it: it is established on the date of registration

This is the most crucial step in the entire text. Article 1105 of the Civil Code provides: Adoption shall be registered with the civil affairs department of the people’s government at or above the county level, and the adoption relationship shall come into existence from the date of registration. In the case of adopting a minor whose biological parents cannot be located, the civil affairs department responsible for the registration shall issue a public notice prior to registration. The parties may sign an adoption agreement if they wish; if one party or each party requests for adoption notarization, it shall handle adoption notarization; the civil affairs department of the people's government at or above the county level shall conduct adoption evaluation in accordance with the law.

From an operational perspective, it can be broadly divided into four stages:

  • Application: The parties of the adoptive relationship should apply to the adoption registration authority in person, submit the adoption application and supporting materials, and fill in relevant forms; The husband and wife who adopt together should be present together, and if one party cannot go there for some reason, it needs to be entrusted in writing and certified or notarized by the village (neighborhood) committee;
  • Examination and evaluation: After the registration authority accepts the case, it will comprehensively examine the qualifications of both parties, whether the expression of intention is true, whether there is any act of buying and selling children or selling children in disguised form, etc., and conduct adoption evaluation on the adoption applicant and the family members who live together. Only those who pass the evaluation (including the integration period) can be registered;
  • Announcement (for the children whose biological parents cannot be found): For the adoption of abandoned infants and children whose biological parents cannot be found, the registration authority shall announce the search for their biological parents before registration. If the biological parents or other guardians fail to claim for 60 days from the date of announcement, it shall be regarded as the abandoned infants and children whose biological parents cannot be found, and the announcement period shall not be included in the registration processing period;
  • Registration and Certificate Issuing: The registration authority shall examine the application materials within 30 days from the next day after receiving them. The qualified ones shall be registered and the adoption registration certificate shall be issued; the unqualified ones shall not be registered and the reasons shall be explained. The adoption relationship is established as of the date of registration.

As for the materials, it usually needs: the application for adoption; the household register and identity card of the adopter; the certificate of the adopter's marital status, upbringing ability and the statement of the child's situation issued by the unit or the village (resident) committee; the certificate of health examination issued by the medical institution above the county level; the adoption can not find the abandoned baby (child) of the birth parents, it is also necessary to have a birth certificate issued by the health department of the place of habitual residence, as well as a report certificate issued by the public security organ to pick up abandoned babies (children); if the adoptee has reached the age of eight, he shall issue an opinion that he agrees to be adopted.

In terms of jurisdiction, the adoption of abandoned babies, children and orphans raised by social welfare institutions whose biological parents cannot be found shall be handled in the adoption registration authority where the social welfare institutions are located; the adoption of abandoned babies and children whose biological parents cannot be found shall be registered in the place where the abandoned babies and children are found; other situations are generally handled in the corresponding registration authority such as the place where the adopted parents or guardians live.

6. Risks of de facto adoption and unregistered relationships

Raising a child for a long period without having registered the arrangement in accordance with the law is legally referred to as “de facto adoption.” Its greatest risk is that it does not produce the legal effects of adoption.

Since the amendment of the Adoption Law and the implementation of the Civil Code, registration has been a prerequisite for the validity of adoption; in cases of “private adoption” that have not been registered, courts generally do not recognize the establishment of an adoptive relationship. There are typical cases: the parties have raised their children for many years since 2002 but have never registered. The court found that the two parties have not formed an adoption relationship, the custody of the child's biological mother still exists, and their request for confirmation of the adoption relationship has not been supported. There are also cases where the child's household registration is only in the name of a relative, and the court also finds that there is no adoption relationship and there is no obligation to support the two parties.

Failure to register will lead to a series of practical challenges:

  • No parent–child relationship is established: No rights and obligations of a parent–child nature arise between adoptive parents and the child; the child has no obligation to support the adoptive parents, nor do the adoptive parents automatically enjoy the right to be supported.
  • Ambiguity regarding parental responsibilities: The child remains the legal child of the biological parents, and once the biological parents reappear or assert their right to custody, the party who has been raising the child without formal adoption often finds it difficult to resist.
  • Impact on inheritance: The adoption relationship is not valid; the child cannot be a legal heir of the adoptive parents, nor can they inherit the estate of the adoptive parents’ close relatives.
  • Difficulties in Obtaining Household Registration: Children who are “adopted” often remain without legal household registration for extended periods, which in turn affects their access to schooling, medical insurance, and travel.

What needs to be explained is that the factual adoption, which was formed before the amendment of the Adoption Law on April 1, 1999, and all parties lived together for a long time, was confirmed through notarization of factual adoption and settlement in history. However, this is the treatment of specific problems left over from history and cannot be used to prove that "it is OK not to register today".

7. The relationship between adoption, household registration, surname, and guardianship.

Once the adoption relationship is established, a series of changes will occur in the parties’ legal status. Article 1111 stipulates that, from the date of the establishment of the adoptive relationship, the rights and obligations between adoptive parents and adopted children shall be governed by the provisions of the law on the relationship between parents and children; the rights and obligations between adopted children and their biological parents and other close relatives shall be eliminated by the establishment of the adoptive relationship. This is what is known as “legal kinship by fiction”—under the law, the child is treated as if they were a biological offspring, while the original parent–child legal relationship is severed.

Household Registration: Article 1106 stipulates that, upon the establishment of an adoption relationship, the public security organ shall, in accordance with relevant national regulations, register the adoptee’s household registration. In other words, household registration is premised on lawful adoption; it is a subsequent administrative procedure that follows the establishment of the adoptive relationship, rather than the adoption itself. The approach of “registering household registration first, then discussing adoption” does not work—merely registering household status is not equivalent to adoption.

Surname: The adopted child can follow the surname of the adoptive father or adoptive mother, and the original surname can also be retained after the parties agree (Article 1112). Changing one’s name and identity is not a prerequisite for adoption; respecting a child’s existing identity also benefits their development.

Guardianship: Upon the establishment of the adoption, the adoptive parents become the legal guardians of the minor adopted child and assume the duties of care, education, and protection.

8. Common scenarios and misconceptions

  • Adoption of children of relatives: Adoption between collateral blood relatives within three generations, the conditions are relaxed (not subject to the third item of Article 1093, the third item of Article 1094, and the third item of Article 1102), but registration is still required according to law; usually, the certificate of kinship with the adopter issued by the public security organ or notarized shall be submitted during registration;
  • Unmarried (no spouse) adoption: no spouse can adopt, but the adoption of children of the opposite sex, the age difference between the two parties should be more than 40 years old; adoption of children of the same sex and the adoption of children of the same generation within three generations of collateral blood parents and children of the same generation, not subject to this restriction;
  • Old-age adoption: the age is only set as the lower limit of "over 30 years old", but there is no upper limit. However, the adoption evaluation committee focuses on the health and support ability of the adopters. The older applicants need to prove that they have the ability and energy to raise children until they reach adulthood;
  • Adoption of spouse's children in remarried families: stepfather or stepmother can adopt stepchildren with the consent of the stepchildren's biological parents, and can be free from many general restrictions (Article 1103), but still need to go through the adoption registration according to law;
  • Picking up an abandoned baby and wanting to raise it yourself: This is the most problematic situation. The Civil Code and local regulations make it clear that citizens should report to the village (resident) committee and the public security organ as soon as they find abandoned babies (children), and shall not take them in privately. If the public security organ cannot find the biological parents and other guardians, it shall issue a collection certificate and transfer it to the child welfare institution, and then the qualified adopter shall apply for adoption in accordance with legal procedures. It is illegal to take in and raise children without permission, and it may also make children have no legal status for a long time.

9. Frequently Asked Questions

1. Not registered, but the child has been living with me, is it my child? Not counting. Except for a very small number of historical cases, the adoption relationship has been established since the date of registration by the civil affairs department, and there is no legal parent-child relationship without registration.

2. Must both parties be present for adoption? The parties involved in the adoptive relationship shall apply to the registration authority in person. If the husband and wife adopt together, they should be present together. If one party is unable to go for some reason, it must be entrusted in writing and certified or notarized by the village (resident) committee.

3. Does the adoption of an eight-year-old child need the consent of the child himself? Needed. Article 1104 of the Civil Code stipulates that, in the case of adopting a minor who has reached the age of eight, the consent of the adoptee himself or herself shall be obtained.

4. If you already have one child, can you still adopt? may adopt one; however, the adoption of orphans, disabled minors, or minors raised by child welfare agencies who cannot find their biological parents is not subject to "childless or only one child" and the number of restrictions.

5. Does adoption cost money? How long does it take to complete the process? Adoption registration is free of charge. The registration authority generally reviews the completion within 30 days from the day after receiving the application materials; for children whose parents cannot be found, there is a 60-day announcement period before registration, and the announcement period is not included in the processing period.

6. Can a certificate of adoption prove an adoptive relationship that existed before registration? No. Mere household registration, a certificate issued by the village (residents’) committee, or evidence of long-term care is insufficient to substitute for adoption registration with the civil affairs department.

10. Practical Legal Insights

Many clients only seek legal counsel after their child has already been living with them at home for several years, at which point they inquire whether the necessary paperwork can still be completed. In practice, one sentence should be made clear: the adoption relationship is not established until the day of registration by the civil affairs department. Adoption, adoption by relatives and friends, and oral agreement do not produce a parent-child relationship. Therefore, before moving on the idea of "bringing it back before making up the formalities", you should check three things one by one-whether the child belongs to the situation that can be adopted, whether the adopter is the subject who has the right to be adopted, and whether you meet the hard conditions of having no children, having the ability to raise children, not suffering from diseases that are medically considered not to be adopted, and being over 30 years old. If even one item doesn’t match, the registration will be rejected; bringing it back anyway under duress will only create hidden risks.

Once the eligibility criteria are met, the real skill lies in the proper sequencing of the supporting documents. The adoptive party shall prepare the written opinions of the biological parents agreeing to the adoption, the guardian's consent or relevant certificates according to the specific circumstances. If the biological parents cannot be found, there shall also be a public announcement to find out the missing materials. The adoptive party shall prepare certificates of identity, marriage, health, income and residence. Instead of going on a trip by yourself, it is better to ask the civil affairs department of the place to be handled for the local list and forms first, and then make an appointment according to the list, which can save a lot of time for round-trip correction. After the registration is completed, be sure to promptly finalize the household registration, surname change, and guardianship arrangements, so that the process doesn’t stop at just “obtaining the certificate.”

The most important thing to remember is to avoid taking the seemingly easier route of “de facto adoption.” Without registration, there is no legal relationship between parents and children between you and your child. Once the adopter goes back on his word, the biological parents claim it back, or you need to go through medical treatment, school entrance, going abroad and other matters for your child as a guardian, you will encounter insurmountable obstacles, and the emotional investment formed by years of upbringing is also difficult to transform into a legal status that can be claimed. Furthermore, never pay the birth parent “nutrition fees” or “introduction fees” in private to bypass the official registration process, as the legal risks involved are far more serious than you might realize. If a long-term de facto caregiving relationship has indeed been established, you should promptly seek professional advice to assess whether it can be legally rectified; the sooner you address the matter, the greater your leverage will be.

gather the above points into a few words: if you want to make adoption legal, you must meet the physical conditions of "adoptee, adopter and adopter" at the same time, and complete the adoption registration of the civil affairs department, and the adoption relationship will be established from the date of registration; the ideas of "adoption", relatives and friends "and" just drop a household "cannot replace registration. It is suggested to do three things before starting work: first, check whether you meet the five conditions of Article 1098, especially if you are over 30 years old and have no relevant criminal record; The second is to confirm the source of the child and whether the adopter is legal (whether it is an orphan, the biological parents cannot be found, or the biological parents are really unable to raise it); The third is to consult the local civil affairs department in advance for the required materials, set aside time for announcements and assessments. If you have been raising privately for many years, you should bring the relevant certificate to the civil affairs department as soon as possible to make up the adoption registration or handle the settlement matters according to law. In case of disputes over custody and inheritance, you can also claim rights through litigation.