CCAA's Policy Statement of June 18, 2001(from CCAA website)
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Questions and Answers Concerning Policies and Procedures
June 18, 2001
To the Adoption Organizations Concerned: Recently, quite a few adoption organizations have written to and visited the China Center of Adoption Affairs (CCAA) and raised some questions concerning the policies and procedures in the field of adoption. Now we wish to answer the questions which have drawn general concern as follows: 1. Is there any age limit for foreign adoption applicants? The Adoption Law of our country explicitly provides that the foreign adoption applicants must reach the age of 30; that is the minimum age limit for the adopters. Therefore, when submitting their applications to the CCAA, the adoption applicants should be 30 years of age. Where a couple adopts in concert, both the husband and wife should reach age of 30. Although the Adoption Law of our country provides no upper age limit for the adoption applicants, proceeding from the principle that ¡°the adoption shall be in the interest of upbringing and growth of the adopted minors¡±, there shall be a reasonable age difference between the adopter and the adoptee. Practice has shown that the best adoptive age for the adopters is 30-45 years old. Adopters at such an age bracket are full of vitality, rich in experience of life, and rather capable of nurturing young infants. With this consideration in mind, the China Center of Adoption Affairs shall, therefore, give priority to the assignment of children around one year old to foreign adoption applicants under 45 years old; and assign, in general, children above 3 years old to the foreign adoption applicants who are within 50-55 years bracket. As to the foreign adoption applicants who are above 55, the China Center of Adoption Affairs shall refrain from assigning Chinese children to them for adoption, taking into account such factors as their physical status, their life expectancy and the reasonable age difference, etc. except for the adoption of step-children and collateral relatives by blood of the same generation and up to the third degree of kinship. 2. How many Chinese children can foreign adopters adopt at one time? Foreign adoption applicants can only
adopt one child at a time in China (with the exception of the
adoption of twins or the siblings living in the same welfare
institute). 3. Is there any limits to the foreign adoption applicants who have already had their own children to adopt children in China? The CCAA shall give priority to the families who are childless or only have 1-2 children to adopt. As to the foreign adoptive families who have already had over 5 minors (5 inclusive) living together with their parents, CCAA shall not, in principle, make any arrangement for them to adopt children in China. 4. Can disabled foreigners adopt children in China? The CCAA shall not assign prospective adoptees to mentally retarded and psychiatric disabled foreign adoption applicants. As to the foreign adoption applicants with other disabilities, the CCAA shall deal with each case on case by case basis. For those disabled who can look after themselves and have the ability of bringing up and educating the prospective adopted children, CCAA shall identify appropriate adoptive referrals for them. 5. Can foreigners subjected to criminal punishment adopt children in China? Whether or not foreigners have any criminal punishment constitute an important part for judging whether the adoption applicants have acquired the ability to raise and educate the adoptees. In general, the CCAA shall not accept adoptive applications submitted by foreign adoption applicants who have been subjected to criminal punishment. However, in the light of the circumstances, consideration may be given to those who have committed minor offenses and have really shown repentance and no longer committed offences ever since. 6. Can a single foreign adoption applicant adopt a child in China? A single foreign adoption applicant meeting the adoptive conditions as set forth in China¡s Adoption Law, can adopt in China. But proceeding from the principle that ¡°adoption shall be in the interest of the upbringing and growth of the adopted minors¡±, it would be best for the adopted children to live in a healthy perfect adoptive family with both parents. Therefore, the CCAA shall give priority arrangement to both foreign parents to adopt in China. We shall neither propose nor encourage adoption of children in China by single foreign adoption applicants. 7. Can homosexuals adopt children from China? The CCAA shall not identify prospective adoptive referrals for homosexuals. Legally, the Marriage Law of the People¡s Republic of China recognizes only families formed by marriage of opposite sex and does not recognize the legality of homosexual families, and the homosexual families are, therefore, not protected by laws. From the Chinese medical point of view, the China Mental Disorder Classification and Diagnosis Standard classifies homosexuality as sexual obstruction, belonging to psychiatric disease of the kind of sexual psychological barrier. In terms of the Chinese traditional ethics and customs and habits, homosexuality is an act violating public morality and therefore not recognized by the society. In accordance with the principle that adoption shall not violate social ethics as set forth in the Adoption Law, foreign homosexuals are not allowed to adopt children in China. 8. Under what circumstances can foreign adoption applicants put forward their applications for expediting the process of their adoption? Under one of the following circumstances can foreign adoption applicants put forward their application to the CCAA for expediting the process of their adoption through their governments or adoption organizations authorized by their governments: (1) Application for adopting sick and disabled children living in social welfare institution. (2) Application for adopting normal children above 3 years old living in social welfare institution by foreign adoption applicants under 45 years old. (3) Application for adopting normal children above 6 years old living in social welfare institution by foreign adoption applicants above 45 years old. (4) Application for adopting ¡°children of special needs¡± referred by the CCAA. (5) One or both the foreign adoption applicants are Chinese of foreign nationality; or one of the couple is an overseas Chinese, the other, a foreigner. (6) Foreign adoption applicants who have continuously lived in China for more than one year for work or study. To apply for expediting the procedure of their adoption, foreign adoption applicants shall submit their written applications through their governments or the adoption organizations authorized by their governments, which forwarded their adoptive materials. 9. How does the CCAA handle an adoption application submitted by a foreign adopter? After receiving the adoption materials of the foreign adopter, the CCAA shall accept and register the application, provided that all the materials for adoption are complete and the service fees are paid. It shall inform in writing within 30 days, the foreign government or adoption organization which have forwarded the adoption materials of the acceptance of the application. 10. How long will it take approximately the CCAA from the time of accepting the adoption application to the time of issuing "Notice of Coming to China for Adoption of Children"? The duration from the time the CCAA accepts the adoption application to the time it issues the Notice of Coming to China for Adoption of Children is restricted by various factors, such as the number of foreign adopters¡ applications and the number of children who can be placed out for inter-country adoption; whether or not the adopters¡ desire could be met; and whether or not the supplementary materials and the feedback of Letter Seeking Confirmation from the Adopters can be received in time, etc. At present, it will take the CCAA about 12 months from the time of accepting the adoption application to the time of issuing the Notice of Coming to China for Adoption of Children. 11. How can a foreign adoption applicant apply to the CCAA for the suspension of adoption? If a foreign adoption applicant wants to suspend the adoption procedures, the applicant shall notify the CCAA in writing through the foreign governments or the adoption organizations, which delivered their adoptive materials. The maximum period for suspension is 12 (twelve) months. If the suspension period has exceeded 12 months, the adoption shall be deemed as having been withdrawn. 12. How can a foreign adoption applicant manage to apply for withdrawing adoption? To apply for withdrawing the adoption, the foreign adoption applicant shall notify the CCAA in writing through the foreign government or adoption organization, which have forwarded the adoption materials. The written notice shall specify the full name of the prospective adopter, the time of submitting the adoption materials, the cause for the withdrawal, the number of the bank account of the adoption organization and the name of the account, etc. The notice shall be signed in person by the responsible member of the adoption organization or department. After receiving the application for the withdrawal of adoption by the foreign adoption applicant, the CCAA shall return the adoption materials to the foreign adoption applicant through the foreign government or adoption organization which have forwarded the adoption materials, and may return appropriate sum of the service fees according to specific circumstances of the management of the adoption materials in the CCAA. 13. How to submit post placement report to the CCAA? No matter whether an adopted child has been granted nationality of the adopter country, the CCAA requests the adoption organization to submit 2 (two) post placement reports on the adoptive family in the first year after the adoption of the child. The time for submitting the reports is one within 6 (six) months and the other, 12 (twelve) months after the adoptee has arrived at the adoptive family. In the case that the adopted child has not been granted nationality of the adopter¡s country within one year, the adoption organizations shall continue to submit post placement reports, once every six month, until the adopted child is granted nationality of the adopter¡s country.
The above shall be implemented as from August 1, 2001.
China Center of Adoption Affairs |
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