Chinese Adoption Law

Adoption under the Civil Code

Adoption (shouyang, 收养) is governed by Book V (Marriage and Family) of the Civil Code of the People’s Republic of China, Articles 1093 to 1111. The Civil Code provisions replaced the Adoption Law of 1991 (revised 1998) and introduced several significant reforms, including the relaxation of the adoptee’s age limit, the restriction on adoption by single men, and enhanced protection of adopted children’s rights.

The Civil Code provisions are supplemented by the Measures for the Registration of Adoption (1999, revised 2021) and the Opinions on Strengthening the Protection of Adopted Children issued jointly by the Ministry of Civil Affairs and other agencies.

Adoption Conditions (Articles 1093-1111)

Adoptees: Article 1093 provides that three categories of minors under the age of 18 may be adopted: (1) orphans who have lost their parents; (2) abandoned infants and children whose parents cannot be identified or found; and (3) children whose parents are unable to raise them due to special difficulties. The Civil Code removed the previous age limit of 14 for adoptees, extending the eligible age to all minors under 18.

Adopters: Article 1098 establishes the qualifications for adopters. The adopter must: (1) be childless (except where adopting a child of a collateral relative by blood within three generations, or where adopting an orphan, disabled child, or abandoned infant); (2) have the capacity to raise and educate the child; (3) be at least 35 years old (or 30 years old where adopting an orphan, disabled child, or abandoned infant); (4) be free of diseases that render the adoption unsuitable; and (5) have no criminal record for child abuse or abandonment.

The Civil Code introduced a restriction on adoption by single men: Article 1102 provides that a single man may not adopt a female child unless the age difference between the adopter and the adoptee is at least 40 years. This restriction was carried forward from the 1991 Adoption Law and reflects concerns about the risk of sexual abuse in single-male-adopting-female-child relationships.

Consent: Article 1104 requires the consent of both the adopter and the adoptee (where the adoptee is aged 8 or above). Consent of the child’s parent or guardian is also required, though the requirement is waived for abandoned infants whose parents cannot be identified.

Orphans and Abandoned Children

The adoption of orphans and abandoned children is governed by the Child Welfare Institutions (Ertong Fuli Jigou) system. Orphans and abandoned infants are placed in state-run child welfare institutions, which are responsible for their care and for arranging adoption.

The Procedures for the Adoption of Children by Foreigners (1999, revised 2021) establishes the procedures for international adoption of orphans and abandoned children. The child welfare institution must first exhaust domestic adoption possibilities before placing the child for international adoption. The institution must also ensure that the adoption is in the child’s best interests and that the adopting parents meet the qualifications requirements.

The Aid for Orphans programme (Guer Xingshan Gongcheng), launched by the Ministry of Civil Affairs in 2004, provides financial support to child welfare institutions for the care of orphans and children with disabilities. The programme funds medical treatment, rehabilitation, education, and adoption facilitation services.

International Adoption Restrictions

International adoption of Chinese children has been subject to increasing restrictions since 2017. China is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (since 2005), and international adoptions are conducted through the Convention’s framework.

The China Centre for Adoption (Zhongguo Shouyang Zhongxin), operating under the Ministry of Civil Affairs, is the central authority for international adoption. The Centre reviews applications from foreign adoption agencies and prospective adoptive parents, matching Chinese children with approved foreign parents.

International adoption from China has declined significantly since the 2000s. In 2005, China was the leading source country for international adoptions (14,491 children adopted by foreign parents). By 2023, the number had declined to fewer than 1,000 children per year. The decline reflects changing Chinese domestic policy — the government has prioritised domestic adoption and has restricted international adoption categories. As of 2024, only children with “special needs” (older children, children with disabilities, or children with medical conditions) are eligible for international adoption.

The restriction on international adoption has been controversial. Critics argue that it limits the opportunity for children with special needs to find permanent families. The Chinese government maintains that the restrictions are in the child’s best interests and that the priority is to strengthen the domestic adoption and foster care system.

Adoption Procedure

The adoption procedure in China is registration-based. Article 1105 of the Civil Code provides that adoption must be registered with the civil affairs department of the people’s government at or above the county level. The adopting parties must appear in person before the registration authority and submit specified documentation.

The registration procedure involves: (1) application — the adopter and the legal representative of the adoptee submit an application to the adoption registration authority; (2) review — the registration authority reviews the qualifications, consent, and documentation; and (3) registration — if the review is satisfactory, the authority registers the adoption and issues an adoption certificate.

The adoption takes effect on the date of registration. After registration, the legal relationship between the adoptee and the biological parents is extinguished, and the adoptee becomes the legal child of the adopter, with all the rights and obligations of a biological child.

Trial placement (shiyang): The adoption registration authority may require a trial placement period of up to three months before finalising the adoption. During the trial period, the adopter and the adoptee live together, and the registration authority monitors the placement.

Post-Adoption Supervision

The Civil Code introduced provisions for post-adoption supervision. The adoption registration authority is responsible for monitoring the child’s welfare after adoption and may order corrective measures where the child’s rights are not being protected. The authority may apply to the court to revoke an adoption in cases of serious child abuse or neglect.

The adoption revocation procedure requires the court to determine that revocation is in the child’s best interests. Where an adoption is revoked, the legal relationship with the biological parents is reinstated, and the child is returned to the biological parents or to a child welfare institution.

Conclusion

Chinese adoption law has evolved from a relatively permissive regime to a more restrictive one, particularly in the international adoption context. The Civil Code provisions modernised adoption law by extending the adoptee age limit, strengthening child protection, and codifying the best-interests principle. The restriction of international adoption to special-needs children reflects a policy shift toward domestic placement while maintaining China’s commitments under the Hague Convention.