Civil Code: Creation of an Adoptive Relationship
Civil Code: Creation of an Adoptive Relationship
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
Article 1102 Where an unmarried person intends to adopt a child of the opposite sex, the person shall be at least 40 years older than the child.
Article 1103 Notwithstanding the limitations in Articles 1093(3), 1094(3), and 1098 and the first paragraph of Article 1100 of this Code, stepparents may adopt their stepchild with the consent of the stepchild's biological parents.
Article 1104 Adoption by the adopters and placement of children for adoption by individuals or entities shall be based on their free will. Where a minor to be adopted has attained to the age of 8 years, the consent of the minor shall be obtained.
Article 1105 Adoption shall be registered with the competent civil affairs authority of the county or superior people's government. An adoptive relationship shall be created upon its registration.
In case of adoption of a minor whose biological parents cannot be found, the competent civil affairs authority before which the adoption is registered shall make a public announcement before the registration.
The parties to an adoptive relationship may enter into an adoption agreement.
Where any or all of the parties to an adoptive relationship request notarization of the adoption, the adoption shall be notarized.
The adoption evaluation shall be performed by the competent civil affairs authority of the county or superior people's government according to law.
Article 1106 Upon the establishment of an adoptive relationship, the police authority shall complete the process of household registration of the adoptee in accordance with the applicable laws and administrative regulations.
Article 1107 Orphans or children whose biological parents cannot afford to raise them may be raised by relatives or friends of their biological parents, in which case the provisions of this Chapter V shall not apply to the relationship between such orphans or children and such relatives or friends.
Article 1108 Where either spouse is deceased, and the other spouse places a minor child for adoption, the parents of the deceased spouse shall have a right of first refusal to raise the child.
Practising lawyers
-
Robert Zhang
An international lawyer registered in Shanghai, China. Master's degreePublish…
-
Steve Li
An international lawyer registered in Shanghai, China. Master's degreePublish…
ABOUT AUTHOR
- We are a group of China local lawyers from a few law firms
- Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz
Copyright © 2020 China International Arbitration Lawyers. All Rights Reserved.
