Insights

Ningbo Foreign Adoption: How Foreigners and Overseas Chinese Adopt Chinese Children

Ningbo Author：LuXu WANG

Put the conclusion first:Foreign nationals and overseas Chinese can adopt children in China, but the procedures are much more complex than those for domestic adoptions. According to Article 1109 of the Civil Code, the adoption of a Chinese child by a foreigner requires three passes-the adoption must be examined and approved by the competent authority of the country where the child is adopted in accordance with the laws of the country; the age, marriage, occupation, property, health, whether the adopter has received criminal punishment and other supporting materials must be certified by the diplomatic authority or the agency authorized by the diplomatic authority of the country where the adopter is adopted, and the the People's Republic of China in the consulate; finally, the adopter must sign a written agreement with the adopter and register in person with the civil affairs department of the people's government of the province, autonomous region or municipality directly under the Central Government. The adoption relationship is not established. For foreigners in Ningbo who intend to adopt Zhejiang children, local procedures such as provincial acceptance, announcement and evaluation should also be superimposed.

1. Legal basis and basic rules for international adoption

foreign-related adoption, usually refers to the adoption that contains foreign-related factors, that is, at least one party of the adopter and the adoptee is a foreigner. Foreign nationals adopting Chinese children is one of the most typical cases.

(I) Legal Basis

Article 1109 of the Civil Code states: "Foreigners may adopt children in the People's Republic of China in accordance with the law. The adoption of a child by a foreigner in the People's Republic of China shall be subject to the examination and consent of the competent authorities of the country where the foreigner is located in accordance with the laws of that country. The adopter shall provide certification materials on his age, marriage, occupation, property, health, whether he has received criminal punishment, etc. issued by the competent agency of the country where he is located, and sign a written agreement with the adopter, and personally report to the province, autonomous region, or The civil affairs department of the people's government of the municipality directly under the Central Government is registered. The certification materials specified in the preceding paragraph shall be certified by the diplomatic agency or an agency authorized by the diplomatic agency of the country where the adopter is located, and by the the People's Republic of China embassy or consulate in that country, unless otherwise provided by the state."

The accompanying administrative regulation is the "Measures for the Registration of Adoption of Children by Foreigners in the People's Republic of China," with the current version issued in 1999 and revised on December 6, 2024. Furthermore, China has acceded to the Convention on Protection of Children and Co‑operation in Respect of Intercountry Adoption, and intercountry adoptions are conducted in accordance with principles such as the best interests of the child and the priority of domestic adoption.

(II) Triple checks

Article 1109 sets out a three-tiered review process for international adoptions. The first requirement is compliance with the laws of the adopter’s country: adoption must be reviewed and approved by the competent authority in the adopter’s country in accordance with its laws, indicating that, in addition to complying with Chinese law, it must also satisfy the legal requirements of the adopter’s home country. The second hurdle is the materials certification stage: The relevant supporting documents must first be authenticated by the foreign diplomatic authorities or authorized agencies of the country in question, and then by the Chinese embassy or consulate in that country, thereby establishing a dual authentication process. The third hurdle is the registration requirement: adopters must enter into a written agreement with the foster parents and personally register with the civil affairs department of the provincial-level people’s government.

(III) Territorialism and Overlapping Application

Article 1109 replaces the original wording “in accordance with this Law” in the Adoption Law with “in accordance with the law,” thereby aligning China’s laws on foreign-related adoptions with international standards. In terms of the applicable law, foreign nationals adopting in China are subject to the principle of territoriality and must comply with Chinese law. At the same time, Article 3 of the Regulations on Registration stipulates that foreign nationals adopting children in China must also satisfy the requirements of the laws of the adopter’s country of nationality. Any issues arising from inconsistencies between the laws of the two countries shall be resolved through consultation between the relevant government authorities of both countries. This means that both sets of laws must be acceptable.

2. Requirements for adopters

When foreigners and overseas Chinese adopt Chinese children, the three conditions of adoptees, adopters and adopters must be met.

(I) The scope of adoptees and adoptive parents

Adoptees are limited to the three categories of minors specified in Article 1093 of the Civil Code: orphans who have lost both parents, minors whose biological parents cannot be located, and children whose biological parents face special difficulties and are unable to raise them. Adoption in China is limited to minors, and adults are not within the scope of foreign-related adoption. The person placing the child for adoption shall be, pursuant to Article 1094, the guardian of the orphan, a child welfare institution, or the biological parents who are experiencing special difficulties and are unable to raise their child.

Five conditions for (II) adopters

The adopter shall meet the five conditions stipulated in Article 1098 of the Civil Code at the same time: (1) no children or only one child; the (II) has the ability to raise, educate and protect the adoptee; the (III) does not suffer from diseases that are medically considered inappropriate for the adoption of children; the (IV) has no criminal record that is harmful to the healthy growth of the adoptee; the (V) is over 30 years old. Five items must be met at the same time, one is indispensable.

(III) Limits on the number of adopters and joint adoption

Article 1100 provides that adopters without children may adopt two children, while adopters who already have children may adopt only one child; however, this restriction does not apply to the adoption of orphans, minors with disabilities, or minors raised by child welfare institutions whose biological parents cannot be located. Article 1101 provides that when a person with a spouse adopts a child, the adoption shall be undertaken jointly by the spouses; Article 1102 stipulates that when 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. The same rules apply to foreign adoptions.

The law of the country where the (IV) is located shall not prohibit

International adoptions are subject to an additional restriction: the laws of the adoptive parents’ country must not prohibit such adoptions. Article 1109 requires that the competent authority of the country of residence review and approve the matter in accordance with the laws of that country, and Article 4 of the “Registration Measures” lists the “certificate from the competent authority of the adopter’s country of residence consenting to the international adoption of a child” as a mandatory document. Even if all five requirements under Chinese law are fully met, if the adopter’s home country prohibits international adoptions, the adoption cannot be registered in China.

3. Material List

Documentation is the most common bottleneck in intercountry adoptions. Article 1109 lists the status certificates that adopters should provide, and Article 4 of the Registration Measures details the list into eight items.

Documents to be submitted by the (I) adopter

  • Application for Intercountry Adoption;
  • birth certificate;
  • Marriage Status Certificate;
  • Proof of occupation, economic income and property status;
  • Certificate of Physical Health;
  • Whether there is a certificate of criminal punishment;
  • Proof of approval by the competent authority of the country of the adopter for the intercountry adoption of the child;
  • Family situation report, including the identity of the adopter, the eligibility and appropriateness of the adoption, family status and medical history, the motivation for the adoption, and the characteristics suitable for the care of the child.

The aforementioned documents must be issued by the competent authority of the adopter's country, authenticated by that country's foreign affairs authority or an agency authorized by it, and further authenticated by the embassy or consulate of the People's Republic of China in that country, or by fulfilling the certification procedures stipulated in international treaties to which China is a party.

(II) How does the certification chain proceed?

Authentication involves two steps. First, the notary or competent authority of the country where the adopter is located shall issue a document and handle the certification of the diplomatic agency or authorized agency of that country; then the Chinese embassy or consulate in that country shall handle the consular certification. In accordance with the “Measures on Consular Legalization,” documents issued abroad and intended for use in China shall, after being notarized and authenticated by the competent authorities of the issuing country, be submitted to the Chinese embassy or consulate in that country, or to other overseas institutions authorized by the Ministry of Foreign Affairs, for consular legalization. When applying for the application, you must submit a legal and valid identity document, a truthfully filled application form and the original document for certification. If the consular authentication authority deems that the application meets the requirements after review, it shall issue the consular authentication certificate within 10 working days from the date of receipt of the application.

Materials to be submitted by (III) adopters

The person who sends for adoption should submit his/her residence booklet and resident identity card to the civil affairs department of the people's government at the provincial level (if the social welfare institution acts as the person who sends for adoption, the identity card of the person in charge should be submitted), the household registration certificate of the adoptee and other circumstances, and submit relevant materials according to different situations, for example, the proof that the biological parents are unable to support them due to special difficulties and the written opinion of agreeing to adopt them, the death certificate of the orphan's parents, the proof that the guardian actually bears the responsibility of guardianship, etc.

4. handling process

The process of international adoption can be summarized in five steps.

(I) Review and forwarding of applications by the host country

The first step is to transfer the adoption application to the adoption organization entrusted by the Chinese government through the local government or the adoption organization entrusted by the government, and submit the adopter's family situation report and certified certificate.

(II) the application and provincial review

Step 2: The person intending to place a child for adoption submits the required documents and supporting materials to the civil affairs department of the people’s government of the province, autonomous region, or municipality directly under the central government. The provincial civil affairs department shall review the materials of the adopter, and find the biological parents of abandoned babies and children whose biological parents cannot be found; if the adoptee or the adopter meets the prescribed conditions, the list shall be notified to the Chinese adoption organization and the relevant documents and supporting materials shall be forwarded.

(III) matching adoptee and notification to China

The third step, after reviewing the applications and certificates of the foreign adopters, the Chinese adoption organizations select the proper adoptees according to the wishes of the adopters among the qualified persons submitted by the civil affairs departments at the provincial level, and submit the relevant information to the adopters through the foreign government or the foreign adoption organizations; if the adopters agree to adopt, the Chinese adoption organizations will send them the notice of coming to China to adopt children, and notify the civil affairs department to issue a notice to the adoptee that the adoptee has been approved for adoption.

(IV) to China to sign contracts and register at the provincial level

The fourth step, foreigners who come to China to adopt children should come to China to go through the registration procedures in person; if the husband and wife adopt together, they should come to China together. If one party cannot come to China for some reason, they should entrust the other party in writing, and the power of attorney must be notarized and certified by the host country. The adopter shall conclude a written adoption agreement with the adopter, which shall be in triplicate. After the written agreement is concluded, the parties to the adoption relationship shall jointly go to the civil affairs department of the provincial people's government where the adoptee's permanent residence is located to register the adoption.

(V) Review of licensing and establishment of the relationship

The fifth step, after receiving the application and relevant materials for the registration of the adoption of children by foreigners in China, the registration authority shall examine within 7 days from the next day, handle the adoption registration in accordance with the regulations, issue the adoption registration certificate, and the adoption relationship shall be established from the date of registration; the registration authority shall notify the Chinese adoption organization of the registration result. Before the adoptee leaves the country, the adopter shall go through the exit formalities with the public security organ on the strength of the adoption registration certificate.

Special rules for 5. overseas Chinese

Overseas Chinese are still Chinese citizens in terms of identity, but there is a significant relaxation in the adoption rules.

Relaxation of collateral consanguinity within three generations of (I)

Article 1099 of the Civil Code stipulates that the adoption of children of the same generation within three generations is not subject to the restrictions stipulated in the third paragraph of Article 1093, the third paragraph of Article 1094 and the third paragraph of Article 1102, that is, the restrictions of "biological parents have special difficulties and are unable to raise their children", "the adopter must be the biological parents who have special difficulties and are unable to raise their children", "and" the adoption of heterosexual children without spouse must be more than 40 years apart. Overseas Chinese who adopt children of the same generation within three generations may also be exempted from the restriction of "no children or only one child" in the first paragraph of Article 1098. In other words, even if overseas Chinese already have children, they can still adopt children of collateral blood relatives within three generations.

What needs to be reminded is that the civil code has deleted the expression of "not subject to the restriction of the adoptee under the age of 14" in the original adoption law, and the adoptee must still be a minor (under the age of 18). When adopting a minor who is eight years of age or older, the consent of the adoptee shall be obtained.

(II) processing channel

Although overseas Chinese adoption has foreign-related factors, it is applicable to relevant regulations concerning overseas Chinese. Overseas Chinese and Chinese citizens living in Hong Kong, Macao and Taiwan who adopt children in the mainland shall apply for adoption registration at the civil affairs department of the people's government of the city divided into districts or autonomous prefecture or the civil affairs department of the regional (league) administrative office where the adoptee's permanent residence is located. Adoption of children of consanguinity within three generations shall be registered at the adoption registration authority where the adoptee's biological father or mother's permanent residence is located, and submit a certificate of kinship issued by the public security organ or notarized.

6. What should I do in Ningbo?

International adoption registrations involving foreign nationals adopting children from Zhejiang Province are handled by the Zhejiang Provincial Department of Civil Affairs. As long as the adopter is a foreigner and the adoptee's permanent residence is in Zhejiang, the registration authority is the Provincial Civil Affairs Department, not the municipal or county-level civil affairs departments.

Zhejiang Civil Affairs Department The main body of the implementation of foreign-related adoption registration is Zhejiang Civil Affairs Department. The place of the registration is No. 32 Baochu Road, Xihu District, Hangzhou. The telephone number is 0571-87055493. It promises that the time limit for completion is 2 working days, and the legal time limit for completion is 30 days. It needs to go to the site twice. Before arriving at the window, you should check the latest application materials and processing procedures in Zhejiang government service network or national government service platform.

If adopters, adopters and adoptees are involved in Ningbo, materials preparation, adoption examination and announcement are usually carried out in Ningbo: if abandoned babies, children and orphans whose parents cannot be found are adopted by social welfare institutions, they should be handled in the adoption registration authority where the social welfare institutions are located; the adoption registration authority where the children's welfare institutions are located in Ningbo mainly involves Jiangbei District, Yuyao City and Cixi City. See the practical tips at the end.

The authentication process cannot be completed in Ningbo. The adopter must first apply for notarization or certification by the competent authority in the country where he is located, then apply for certification by the diplomatic agency or authorized agency of the country, and finally go to the Chinese embassy or consulate in the country for consular certification, and the certified documents can be returned to the country for use.

Difference between 7. and domestic adoption

There are at least four significant differences between foreign adoption and domestic adoption.

First, the program is more complicated.Domestic adoption is mainly in accordance with Chinese law, and foreign-related adoption must be reviewed and approved by the competent authority of the country where the adopter is located, and certification must be completed between the two countries. Second, the registration authority level is higher. Domestic adoption shall be registered with the civil affairs department of the people's government at or above the county level; foreign-related adoption shall be registered with the civil affairs department of the people's government at the provincial level, and the civil affairs department at the county level shall not have the right to register and confirm, and foreign-related adoption without registration with the civil affairs department at the provincial level shall not be established. The third is to review more levels. Foreign-related adoptions are superimposed on the three procedures of the host country's review, the matching of Chinese adoption organizations, and the review of provincial civil affairs departments. There are also announcements and evaluation links for foreign adopters. Fourth, a written agreement must be signed and registered in China in person. In principle, husband and wife should come to China together for joint adoption.

8. FAQs and Risks

Consequences of falsification and misrepresentation of (I) materials

The certification materials of foreign-related adoption should be certified by both countries. Once the seal and signature of the document are found to be untrue or inconsistent with the record, the certification body can refuse to handle the consular certification; the certificate that has been obtained, if the document is changed or replaced, will also become invalid, and the legal liability arising therefrom shall be borne by the applicant. If the registration is obtained with false materials, the adoption may also be deemed invalid. According to Article 1113 of the Civil Code, an adoption in which a civil legal act is invalid or in violation of the provisions of this Part is invalid, and an invalid adoption is not legally binding from the beginning.

Household registration and entry formalities after (II) adoption

After the adoption relationship is established, the public security organ shall handle the household registration for the adoptee according to law. Before the adoptee leaves the country, the adopter shall, on the strength of the adoption registration certificate, go to the public security organ in the place of registration to go through the exit formalities for the adoptee. In practice, the passport, visa and related notarization procedures of the adoptee should be confirmed in advance to avoid being blocked by entry and exit after registration.

(III) Cross-border guardianship and nationality

The adoptee not only establishes a proposed blood relationship with the foreign adoptive parents, but also may face significant changes in nationality, social relations and living environment, which is also the reason why the law requires the signing of written agreements and the setting of strict procedures. After the establishment of the adoptive relationship, the rights and obligations between the adopted child and the biological parents and other close relatives shall be eliminated, and the rights and obligations between the adoptive parents and the adopted child shall apply to the provisions on the relationship between parents and children. Whether the adoptee can acquire the nationality of the country where the adopter is located and whether he can enter the country for long-term residence depends on the law of the country where the adopter is located and should be verified with the competent authority of the country in advance.

(IV) Do not substitute registration with "de facto adoption".

The foreign-related adoption which is not registered with the civil affairs department of the provincial people's government cannot be established. In practice, there have been cases where only the village group witnessed, did not go through civil registration and foreign-related procedures, and finally found that the adoption relationship was not established. Never substitute a so-called de facto adoption for the legally prescribed registration procedure.

9. Frequently Asked Questions

Question 1: Can foreigners adopt children in China?

Sure. Article 1109 of the "Civil Code" clarifies that foreigners may adopt children in the People's Republic of China in accordance with the law, but they must be reviewed and approved by the competent authority of the country where they are located, complete material certification, and register with the civil affairs department of the provincial people's government.

Question 2: What conditions must foreigners meet to adopt a Chinese child?

The adoptee must be a minor of the three categories specified in Article 1093; the adopter must fall within the scope specified in Article 1094; the adopter must also meet the five conditions specified in Article 1098; the law of the country where the adopter is located shall not prohibit the adoption.

Question 3: Why do the materials require “dual authentication”?

Because Article 1109 requires the certification materials to be certified by the diplomatic agency or the agency authorized by the diplomatic agency of the country where the adopter is located, and then by the Chinese embassy or consulate in that country, so as to ensure that the documents are authentic, traceable and can be used in China.

Question 4: What is the relaxation of overseas Chinese adoption?

Overseas Chinese who adopt children of the same blood generation within three generations can not be restricted by the third item of Article 1093, the third item of Article 1094 and Article 1102, but also can not be restricted by the first item of Article 1098 "no children or only one child", and the existing children can still be adopted.

Question 5: Where is an international adoption registered?

is registered in the civil affairs department of the people's government of the province, autonomous region and municipality directly under the central government, that is, the provincial civil affairs department of the place where the permanent residence of the adoptee is located. If the permanent residence of the adopter is in Zhejiang, the case shall be accepted by the Civil Affairs Department of Zhejiang Province.

Question 6: What else needs to be done after the adoption registration is completed?

can handle the adoption notarization voluntarily, and the foreign-related ones should go to the notarization institution with the foreign-related notarization qualification; handle the household registration for the adoptee; go to the public security organ to handle the exit formalities with the adoption registration certificate before leaving the country.

10. Practical Legal Insights

International adoptions most often run into trouble at the two stages of documentation and timing. Proof of age, marriage, occupation, property, health and no criminal record issued by the country where the adopter is located must first be certified by the diplomatic agency of the country or its authorized agency, and then sent to the Chinese embassy or consulate in the local area for certification. These two certifications are indispensable, and most materials have validity periods. Once the processing order is reversed, they will have to be pushed back again. The safe way is to consult the provincial civil affairs department for the current list before formal submission, and to leave sufficient time for certification and mailing for those with long validity periods and those with expiration dates.

Be especially cautious when choosing your distribution channels. The legal way is for the adopter to sign a written agreement with the adopter and register with the provincial civil affairs department in person. Any arrangement that bypasses registration and is privately "taken care of" by an intermediary cannot form a legal adoption relationship, and problems will arise in future settlement, entry and exit, and inheritance. For overseas families who want to adopt children from non-welfare institutions, it should be clear that China does not support private adoption. The qualifications of the adopters and the source of the children must be examined by the civil affairs department. Do not trust the so-called promise of "registered permanent residence" and "internal channels.

Although the status of overseas Chinese is convenient to some extent, it does not exempt the basic procedures, and it still needs to go through the links of adoption evaluation, announcement and so on. It is suggested that the adoption should be coordinated with the subsequent visa and nationality arrangements: the establishment of the adoption relationship is different from whether the child can accompany and settle down. The completion of the adoption formalities does not mean that the entry and exit formalities are automatically resolved, and must be confirmed to the civil affairs and public security entry and exit departments in advance. The whole process has a long front and many variables. The earlier it is started and the more strictly it is prepared according to the official list, the less risk of repetition and return.

The adoption of Chinese children by foreigners and overseas Chinese is legally allowed, but the threshold and procedures are higher than those of domestic adoption: the examination and approval of the host country, the certification of the two countries and the registration at the provincial level are the triple checks that cannot be bypassed. It is suggested to do three things before starting: first, confirm with the competent authority of the country where the adopter is located whether the country allows inter-country adoption and the specific conditions; The second is to prepare certified materials item by item according to Article 4 of the Registration Measures. The third is to check the latest application materials and time limit with the Zhejiang Provincial Civil Affairs Department or Ningbo Municipal Civil Affairs Bureau to avoid traveling back and forth. The adoptive relationship is established from the date of registration, and skipping the legal procedure cannot produce the effect of adoption.