中华人民共和国收养法（修正） Decision on the Revision of the Adoption Law of the Peoples Republic of China by the

hout spouse adopts a female child, the age difference between the consignee and the person adopted shall be no less than over 40 full years.

　　Article 10 Where the parents intend to place out their child for adoption, they must act in concert. If one parent cannot be ascertained or found, the other parent may place out the child for adoption alone.

　　Where a person with spouse adopts a child, the husband and wife must adopt the child in concert.

　　Article 11 Adoption of a child and the placing out of the child for adoption shall take place on a voluntary basis on both sides. Where the adoption involves a minor above the age of 10 full years, the consent of the person adopted shall be obtained.

　　Article 12 If the parents of a minor are both persons without full civil capacity, the guardian(s) of the minor may not place out him(her) for adoption, except when the parents may do serious harm to the minor.

　　Article 13 Where a guardian intends to place out an orphaned minor for adoption, the guardian must obtain the consent of the person who has obligations to support the orphan. Where the person who has obligations to support the orphan disagrees to place out the orphan for adoption, and the guardian is unwilling to continue the performance of his/her guardianship, it is necessary to change the guardian in accordance with the General Principles of the Civil Law of the People's Republic of China.

　　Article 14 A stepfather or stepmother may, with the consent of his/her own parents of the stepson or stepdaughter, adopt the stepson or stepdaughter, and such adoption may not be subjected to the restrictions of Section (3) of Article 4, Section (3) of Article 5 and Article 6 of this Law, and the restriction that the adopted minor must be under the age of 14 full years as well as adoption of one child.

　　Article 15 The adoption should be registered with the civil affairs department of people's government above the county level. The adoptive relationship shall be established as of the date of registration.

　　For adoption of abandoned infants and children whose own parents cannot be ascertained and

found, the civil affairs department handling registration should make an announcement prior to the processing of registration.

　　The parties concerned to the adoptive relationship willing to conclude an adoption agreement may conclude the adoption agreement.

　　When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for adoption, notarization for the adoption should be completed.

　　Article 16 The public security department should, upon establishment of the adoptive relationship, process household registration for the adopted minor pursuant to relevant state provisions.

　　Article 17 Orphans or children whose own parents are unable to rear them may be raised by the relatives or friends of their own parents.

　　The adoptive relationship shall not be applicable to the relations between the supporter and the supported.

　　Article 18 When death occurs to one side of the spouses, and the other side intends to place out the minor for adoption, the parents of the deceased have priority rights to raise the child.

　　Article 19 Persons having placed out a child for adoption may not bear any more child, in violation of the regulations on family planning, on the ground of having placed out their child for adoption.

　　Article 20 Buying and selling of children or buying and selling of children under the cloak of adoption shall be strictly prohibited.

　　Article 21 An alien may, in accordance with this Law, adopt a child (male or female) in the People's Republic of China.

　　Adoption of children by an alien in the People's Republic of China should be subject to the examination and approval of the competent organ of the country of domicile pursuant to laws of the said country. The consignee should provide certification on such particulars as age, marital status, occupation, property, health and whether or not he/she has been subjected to criminal penalty issued by an organ with authority of his/her country of domicile. The said certification should be authenticated by the organ of foreign affairs or the institution authorized by the organ of foreign affairs of the country of domicile and authenticated by the Embassy or Consulate of the People's Republic of China in the said country. The said consignee should conclude an agreement in writing with the consignor, and enter into registration at the civil affairs department of people's government at the provincial level in person.

　　When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for adoption, notarization for the adoption should be completed at a notary organ with qualifications of handling foreign-related notarization confirmed by the department of justice administration under the State Council.

　　Article 22 When the consignee and the consignor request secrecy of the adoption be kept, others shall respect their wishes and shall not make a disclosure thereof.

　　Chapter III Validity of Adoption

　　Article 23 As of the date of establishment of the adoptive relationship, the legal provisions governing the relationship between parents and children shall apply to the rights and obligations in the relationship between adoptive parents and adopted children; the legal provisions governing the relationship between children and close relatives of their parents shall apply to the rights and obligations in the relationship between adopted children and close relatives of the adoptive parents.

　　The rights and obligations in the relationship between an adopted child and his or her own parents and other close relatives shall terminate with the establishment of the adoptive relationship.

　　Article 24 An adopted child may adopt his or her adoptive father's or adoptive mother's surname, and may also retain his or her original surname, if so agreed through consultation between the parties co

ncerned.

　　Article 25 Any act of adoption contravening the provisions of Article 55 of the General Principles of the Civil Law of the People's Republic of China and those of this Law shall be of no legal validity.

　　Any act of adoption ruled to be invalid by a people's court shall be of no legal validity from the very start of the act.

　　Chapter IV Termination of the Adoptive Relationship

　　Article 26 No consignee may terminate the adoptive relationship before the adopted person comes of age, except when the consignee and the consignor for the adoption agree to terminate such relationship. If the adopted child involved reaches the age of 10 full years or more, his or her consent shall be obtained.

　　Where a consignee fails to perform the obligation of rearing and commits maltreatment, abandonment, or other acts of encroachment upon the lawful rights and interests of the minor adopted child, the consignor for adoption shall have the right to demand termination of the adoptive relationship. Where the comsignee and the consignor for adoption fail to reach an agreement thereon, a suit may be filed in a people's court.

　　Article 27 Where the relationship between the adoptive parents and an adult adopted child deteriorates to such a degree that their living together in a same household becomes impossible, they may terminate their adoptive relationship by agreement. In the event of failure to reach an agreement, a suit may be filed in a people's court.

　　Article 28 The parties concerned shall, upon reaching an agreement on the termination of the adoptive relationship, go through the registration for the termination of the adoptive relationship at a civil affairs department.

　　Article 29 Upon termination of the adoptive relationship, the rights and obligations in the relationship between an adopted child and his or her adoptive parents and other close relatives shall also terminate, and the rights and obligations in the relationship between the child and his or her own parents and other close relatives shall be restored automatically. However, with respect to the rights and obligations in the relationship between an adult adopted child and his or her own parents and other close relatives, it may be decided through consultation as to whether to restore them.

　　Article 30 Upon termination of the adoptive relationship, an adult adopted child who has been reared by the adoptive parents shall provide alimony for the adoptive parents who have lost ability to work and are short of any source of income. If the adoptive relationship is terminated on account of the maltreatment or desertion of the adoptive parents by the adopted child on reaching adulthood, the adoptive parents may demand a compensation from the adopted child for the living and education expenses paid during the period of adoption.

　　If his or her own parents of an adopted child request the termination of the adoptive relationship, the adoptive parents may demand an appropriate compensation from his or her own parents for the living and education expenses paid during the period of adoption, except if the adoptive relationship is terminated on account of the maltreatment or abandonment of the adopted child by the adoptive parents.

　　Chapter V Legal Responsibility

　　Article 31 Whoever kidnaps and traffics children under the cloak of adoption shall be investigated for criminal responsibility in accordance with law.

　　Whoever abandons an infant shall be imposed a fine by a public security organ; where a crime has been constituted, criminal responsibility shall be

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