VIDA
- China
The Hague Adoption Convention enters into force
with respect to the United States on April 1, 2008. Effective
April 1, 2008, intercountry adoptions between the United States and
other Convention countries must comply with the Hague Adoption
Convention.
The China foreign adoption program is well
coordinated. It is a model foreign service program for the United
States and many other countries. Families are referred infants, twins,
toddlers and school age children, depending on the family’s
eligibility. For example, twins can be a consideration, for a childless
couple, based on family income. Children are in government
orphanages. Priority is always given by VIDA to families
willing to consider older children, and children with special needs.
The government of Chins is attentive to each
family’s profile and request.
Chinese Organizations Involved in the Adoption
Process
Responsibility for the various procedures
necessary to adopt a child in China is divided among the following
Chinese government authorities:
The China Center For Adoption Affairs (CCAA)
The China Center for Adoption Affairs (CCAA), a
service branch of the Ministry of Civil Affairs, is the central
authority for adoptions in China. This is where your adoption papers
are registered, reviewed, processed, and where referrals are made.
Department of Civil Affairs
China’s provincial and county Civil Affairs
Bureaus are formally responsible for orphaned and abandoned children.
The Civil Affairs Bureaus are governed by the Ministry of Civil
Affairs. Civil Affairs Bureaus in each province and many counties
operate public Children’s Welfare Institutes.
Children’s Welfare Institute
Children’s Welfare Institutes are administered by
the Ministry of Civil Affairs through provincial Civil Affairs Bureaus.
These are governmental operated homes for orphaned and abandoned
children. Children can may be placed in the welfare institute if their
parents have died or abandoned them. In cases of abandoned children,
the authorities attempt to locate the children’s parents before
allowing them to be adopted from the institutes. All the children are
registered with a central authority.
A. Notarial Offices
The Provincial Notarial Offices, which are
administered by the Ministry of Justice, issue the final
adoption certificate. That process terminates parental rights to the
birth parents(s). Each adoption certificate is accompanied by a
notarial birth certificate for the child and either a statement
explaining the circumstances of abandonment for abandoned children or
notarial death certificate of the orphaned children’s parents.
B. Public Security Bureau
The Public Security Bureau in the locality where
the adoption takes place is responsible for issuing the child’s Chinese
passport and exit permit.
Requirements
The China Center for Adoption Affairs (CCAA) has
issued the following regulations for foreigners who wish to adopt
children in China. These regulations become effective for all
application received after May 1, 2007.
Adoption is limited to married couples, made up of
a man and a woman, who fit the following criteria:
- They must have been married at least two years.
If either person has previously divorced, the couple must have been
married at least five
years. No more than two divorces are allowed.
- Both partners must be between the ages of 30
and 50. Those couples who apply to adopt a special needs child must be
between the ages of 30 and
55.
- Both partners must be physically and mentally
fit, with none of the
following conditions:
- AIDS;
- Mental disability;
- Infectious disease that is actively contagious;
- Blind in either eye;
- Hearing loss in both ears or loss of language
function (those
adopting children with hearing or language function loss are exempted
from this requirement);
- Non-function or dysfunction of limbs or trunk
caused by impairment,
incomplete limbs, paralysis or deformation;
- Severe facial deformation;
- Severe diseases that require long-term
treatment and that may affect
life expectancy, including malignant tumors, lupus, nephrosis,
epilepsy, etc;
- Major organ transplant within ten years;
- Schizophrenia;
- Severe mental disorders requiring medication
for more than two
years, including depression, mania, or anxiety neurosis;
- Body Mass Index (BMI) of 40 or more
At least one member of the couple must have stable
employment. The
total value of family assets must be at least $80,000. The family’s
annual income equals at least $10,000 for each family member in the
household (including the child to be adopted). Annual income excludes
welfare, pensions, unemployment insurance, government subsidies and the
like.
Both prospective parents must be high school
graduates or have
vocational training equivalent to a high school education.
The family must have fewer than five children
under the age of 18, and
the youngest is at least one year old (those adopting special needs
children are exempted from this requirement.
Neither partner may have a significant criminal
record, and both must
have a history of honorable behavior and good moral character with no
evidence of:
- Domestic violence, sexual abuse, abandonment or
abuse of children;
- Use of narcotics or any potentially addictive
medication prescribed
for mental illness;
- Alcohol abuse, unless the individual can show
she/he has been sober
for at least ten years.
Note:
Applications from persons with past criminal records will be
considered on a case-by-case basis if the individual has fewer than
three minor criminal convictions (none in the last ten years) and fewer
than five minor traffic violations.
The prospective parents must demonstrate the
ability to provide a warm
family environment capable of meeting the needs of an orphaned child
and providing for her/his development, and an understanding of the
special risks (including potential diseases, developmental delays, and
post-placement maladjustment) that could come with inter-country
adoption.
The couple must provide an adoption application
letter that makes clear
the applicants’ willingness to allow post-placement follow-ups and
provide post-placement reports as required.
Note: In each
instance above where a specific age or time span is cited, it will be
computed from the time that the CCAA officially logs the adoption
application documents.
Time frame
At the present time, families are receiving
referrals from 18 months to 3 years after their papers are successfully
registered with CCAA. There are significantly shorter waiting times for
special needs and older children.
Travel
Families are required to travel to China for
approximately two to three weeks. In the case of
couples, only one parent may consider traveling. This must be
pre-approved, and a power of attorney is given to the parent that is
traveling.
|