Our firm has fielded several inquiries in recent months from foreigners seeking to formally adopt Chinese children. These new parents are a common sight China notary offices seeking official confirmation of a recent adoption. We have noticed and uptick in such adoptions, so we would like to offer preliminary comments on the basic procedure.
Western couples often seek out Chinese or other Asian children for adoption due to higher numbers of otherwise healthy children living in poverty. Many Children are abandoned due to lack of financial resources of the mother, or traditional cultural biases in China and other countries against female infants.
China, unlike other developing countries has a relatively well implemented system for international adoption. The process in China takes less time and required less official fees than in many countries. This can be a faster and cheaper option to adoption in the USA, which can be costly and take up to 5 years to finalize. In contrast, the process in China should not take more than 2 years.
When considering adoption in China, potential adopters should consider the Adoption Law of China. There are unique provisions in the law providing that where a single foreign man seeks to adopt a Chinese female child, be must meet specific criteria as regards his age (at least 40 years older than the child to be adopted), health and wealth status, in addition to the normal adoption procedures in China.
This is just one example; there are many additional provision s in the China Adoption Law that should be carefully considered when planning to adopt a Chinese child. Foreign couples seeking adoption should be sure to consult a knowledgeable China lawyer to ensure they understand the process and that they are eligible to adopt. A Chinese lawyer will help the overall process proceed smoothly.