Simplified guideline procedures for foreigners to adopt children in China

Until from now, there are 17 countries that have established adoption partnerships with China, namely the United States, Canada, the United Kingdom, France, Spain, Italy, the Netherlands, Belgium, Denmark, Norway, Sweden, Finland, Iceland, Ireland, Australia, New Zealand, and Singapore. Citizens of these countries can adopt children in China. The basic procedures are as follows:

● Submit the application

Foreign adopters who come to China to adopt their children must first pass the adoption application and supporting documents to the China  Adoption Center through the adoption organization entrusted by their host government or government itself:

(1) International adoption application;

(2) Birth certificate;

(3) Proof of marital status;

(4) Proof of occupation, income resource and property owned;

(5) Certification of physical health examination;

(6) Official affidavit to adopter whom has been a criminal punishment records or not;

(7) Family members with involvement of related ages, career report;

(8) The competent authority of the country where the foreign adopter is located agrees with the permision certificate of the adoption of the child from China;

(9) A copy of the passport of the foreign adopter;

(10) Two photos of two-inch bareheaded photos of foreign adopters and six photos of family life.

In addition to the above mentioned  ninth and tenth items, the other eight documents shall be issued by the competent authority of the host country, certified by the diplomatic or foreign authorities authorized by the host country, which refer to embassy or consulate of the People's Republic of China in that country for double certification.

The China Adoption  Center does not accept adoption documents submitted directly by foreign individuals.

●Acceptance of registration

After receiving the adoption documents submitted by the foreign adopters through their host government or adoption organization, the China Adoption Center will accept and register the adoption documents that are complete, valid and have paid the service fees to the China Adoption Center, and inform the acceptance of the registration to the foreign governments or adoption organizations which have submitted the adoption documents.

Review and match

After review by the China Adoption Center, the Chinese Adoption  Center selects the appropriate adoptee according to the wishes of the foreign adopter and passes the relevant information of the adoptee and the dependant to the foreign adopter who meets the requirements of the relevant Chinese laws and to the adopter's government for seeking theirs advice.

●Issue a notice

After the foreign government and the adopter agree to accept the recommended adoptee, the China Adoption Center issues a Notice of Adoption of Children in China for the adopter and forwards the notice to the foreign adopter through the foreign government or foreign adoption organization. At the same time, the China Adoption  Center issues a Notice of Foreign-related adoption advice to the adoption and registration authority of the provincial civil affairs department where the adoptee is located.

●come to China personally

After the foreign adopter receives the "Notice of Adopting a Child in China", both husband and wife must come to China personally with the original notice, and go through the adoption registration formalities at the provincial civil affairs department where the adoptee's permanent residence is located.

●registration

Foreign adopters who apply for adoption registration shall fill in an application form for the adoption of children in China, and submit a written adoption agreement with the sponsor, and submit the original “Notice of Adopting Children in China” issued by the China Adoption Center, and foreign adopters’ID and photos. The provincial civil affairs department shall handle the adoption registration of the parties to the parties who meet the legality requirements in accordance with the PRC Adoption  law, issue the "Adoption Registration Certificate", and issue the "Certificate of International Adoption". The adoption relationship is established from the date of registration.

Overseas Chinese or foreigners who inherit property in China shall go through the following formalities in accordance with the relevant provisions:

 ● Overseas Chinese or foreigners applying for inheritance of real estate in China shall apply to the notary office of the country of residence for certifying the applicant's occupation, address and his kinship with the deceased of whom the property left over inChina. The certificate must also be authenticated by china embassies or consulates stationed whereof (except for mutual exemption under consular treaties). In principle, notarization documents handled by overseas Chinese or foreigners in a country without diplomatic relations with China shall be certified by the Ministry of Foreign Affairs of that country and referred to the embassies (consulates) of a third country with which has diplomatic relations toChina.

 ●The Applicant holds the above-mentioned certified certificates, including the death certificate of the ancestor, the will to the notary office in the place where the property is located to clear the formalities needed. After examining and verifying the relevant documents, the notary office shall issue a certificate of the right of inheritance to the real estate if it considers that it conforms to the provisions of Chinese law. The applicant hereby be qualified of go to the real estate management department in the place where the property is located to handle specific inheritance matters. If the applicant cannot come to Chinaper sonally for inheritance, he may entrust Chinese attorney to handle it on his behalf. The attorney shall also submit a power of attorney in which specify the name, address and authority of the agent and be signed and sealed by the principal when handling the inheritance of real estate.  The power of attorney shall also go through the formalities of notarization and certification in accordance with the PRC procedure laws.

 ●When disputes arise between overseas Chinese or foreigners with the Chinese inheritors over inheritance of property in China, they may bring a suit in the people's court of the place where the real estate is located. The people's court shall decide whom would be legitimate inheritor and the portion be shared according to the provisions of the Inheritance Law of PRC .