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What are the regulations for foreign adoptive parents in different situations?

Updated: August 4, 2020 15:22

What are the requirements for foreign adopters who have already had children to adopt a child in China?

China Center of Adoption Affairs (CCAA) gives priority to those foreign adopters who have less than five children under 18 and whose youngest child is one-year-old or above when accepting, reviewing the applications and arranging adoptees for them. "Adopters shall have less than five children under 18" rule does not apply to adopters adopting a child with special needs.

Can the mentally or physically disadvantaged foreigners adopt children in China?

CCAA shall not assign prospective adoptees to mentally challenged foreign adoption applicants or those suffering from psychiatric problems. As to the foreign adoption applicants with other disabilities, the CCAA shall deal with each case on a case-by-case basis. For those disabled who can look after themselves and have the ability of bringing up and educating the prospective adopted children, CCAA shall identify appropriate adoptive referrals for them.

Can foreigners subject to criminal punishment adopt a child in China?

Whether the adopter has ever been subjected to criminal punishment is an important part in investigating whether the adopter has the ability to bring up and educate the adoptee. The CCAA refuses to accept the application of foreign adopter who has ever been subjected to criminal punishment, but for those whose crimes are relatively minor, and who have gone through repentance program and have not committed a crime in a long time, the CCAA will take their case into consideration.

Can the homosexual partners adopt children in China?

CCAA shall not identify prospective adoptive referrals for homosexuals. Legally, the Marriage Law of the People’s Republic of China recognizes only families formed by marriage of opposite sexes and does not recognize the legitimacy of homosexual families, and the homosexual families are, therefore, not protected by laws.

In terms of the Chinese traditional familial ethics and customs, homosexuality is not fully recognized by the society. In accordance with the principle that adoption shall not violate social ethics as set forth in the Adoption Law, foreign homosexuals are currently not allowed to adopt children in China.