What Are the Different Adoption Expenses?

Adoption also refers to the adoption of other children as their own children. In ancient China, it was also called cricket. This is because the ancients mistakenly thought that crickets adopted cricket larvae as their own. In fact, they were used as food for their larvae. . Legally, adoption is an identity contract relationship for children born in wedlock. Because adoption will have a parent-child relationship between people who have no real blood relationship, the adopter and the adoptee are also called legal blood relatives or artificial blood relatives. The adoptive person is called the adoptive father or adoptive mother, and the adoptive person is called the adoptive son or adoptive daughter; the adopted parent's biological parent is called the natural parent, and for the natural parent, the adopted person is called the adopted child. After the child is adopted, the parental rights of the natural parents are temporarily suspended.

Adoption is

The establishment and termination of an adoption relationship

1. What is the difference between adoption and foster care?

Adoption is a civil legal act. The relationship between adoptive parents and adopted children is basically the same as the relationship between the biological parent and child. Adoption is an act of fictional blood relationship that can be established or dismissed according to law. Foster care refers to a kind of entrusted fostering behavior in which parents cannot directly fulfill their childcare obligations due to special reasons and entrust their children to live in other people's homes. There is no change in parent-child relationship in foster care.

2. Who can be adopted?

The adoptees stipulated by the adoption law in China refer to minors under the age of fourteen who cannot live with their parents due to special reasons, including:

(1) Orphans who have lost their parents;

(2) Abandoned babies and children whose birth parents cannot be found;

(3) Children whose biological parents have special difficulties and unable to support them.

3. Who can be used as a foster?

The adoption law provides that orphans' guardians, social welfare agencies,

According to China's "Adoption Law", there are two types of adoption: general adoption and special adoption. Therefore, the legal conditions for the establishment of adoption can also be divided into the conditions for the establishment of general adoption and the conditions for the establishment of special adoption.

(I) Statutory conditions for general adoption

Under normal circumstances, the adoption behavior involves the adopter, the adoptee and the adopter, and the law separately requires the subject conditions of the three parties' civil activities:

1. Requirements for the adopted person. According to Article 4 of the "Adoption Law", the adoptee should meet the following conditions:

(1) The adopted person is under 14 years old

The effect of the establishment of adoption refers to a series of civil affairs arising from the establishment of the adoption relationship.

The situation of de facto adoption is more complicated. China's current "Adoption Law" does not stipulate this, but the de facto adoption relationship involves the immediate interests of the masses. Correctly understanding and handling de facto adoption has important practical significance.

(A) the concept of de facto adoption

Fact adoption means that the two parties treat each other in a parent-child relationship and have lived together for many years.

(1) To apply, the adopter, adopter, and adoptive person with identification ability must jointly submit a written or oral application to the notary office where the adopter's household registration is located. An application introduction letter, identity and household registration certificate must be submitted when applying. The application form for the establishment of the adoption agreement, the consent form of the adopter with identification ability, the birth certificate of the baby, the infertility and sterilization certificate of the hospital above the county and other documents.

(2) Examination. The notary asks the parties or conducts investigations in the parties' units, streets, and the masses to find out whether the various documents provided by the parties are true, whether the legal adoption of the parties meets the conditions, and whether the establishment of adoption is indeed a voluntary decision of the parties. Whether the person has bad motivations and the financial and health status of the adopter.

(3) Apply for a certificate. After examination, anyone who meets the conditions for adoption should apply for a notarization of adoption and make a notary certificate to prove the adoption. Those who do not meet the adoption conditions shall not be subject to adoption notarization and explain to the parties the reasons for not being processed. If the parties are not satisfied with this, they may lodge a complaint with the local judicial administrative organ, and the handling authority shall handle it. ^[1]

Case Study of Wu Hongxia's Adoption Case

[Case Brief]

Wu Hongxia, female, born on July 8, 1992, now lives in a district in Harbin, Heilongjiang Province.

Wu Qingxia, female, born June 23, 1998, with the same address as above.

Wu Hongxia and Wu Qingxia are relatives. Their mother, Sun Wenhua, died of illness on August 13, 2003, and their father died in a traffic accident on November 7, 2002. After Wu Hongxia's parents died, she temporarily lived in Heilongjiang with grandparents in their 70s. In addition to grandparents, Wu Hongxia's grandfather Sun Mou is over 80 years old and lives in Xinjiang with Wu Hongxia's aunt Sun Lihua. Because grandparents are old and unable to take care of the two sisters Wu Hongxia, Wu Hongxia's grandson Sun Qiang, who lives in Beijing, proposes to take care of Wu Hongxia. Sun Qiang already has a 19-year-old son. Wu Hongxia's grandparents also agreed to adopt Wu Hongxia to raise Sun Qiang. Wu Hongxia's grandson Sun Qiang consulted: She already has a child. If the adoptive Wu Hongxia is legal, what procedures should be completed, and if it is adopted, can Wu Hongxia be registered as a Beijing hukou.

[Legal Analysis]

1. Whether Sun Qiang adopted Wu Hongxia is legal

Article 6 of the "Adoption Law of the People's Republic of China" stipulates that the adopter must also have the following conditions: (1) no child; (2) the ability to raise and educate the adoptee; (3) not suffering from medical conditions that should not be considered appropriate Adopting a child's illness; (4) At least 30 years of age. Paragraph 1 of Article 7 provides that the adoption of children of consanguineous relatives of the same generation within three generations may not be subject to the restrictions of Articles 4 (3), 5 (3), and 9 of this Law and the adoptee under the age of 14 . Article 8 of the "Adoption Law" stipulates that an adopter can only adopt one child. The adoption of orphans, children with disabilities, or abandoned babies and children who cannot be found by a social welfare agency and whose birth parents cannot be found are not subject to the restrictions of adopters having no children or adopting one child. Paragraph 2 of Article 10 provides that if a spouse adopts a child, the couple must adopt it together. Article 11 stipulates that: the adoption of a minor who has reached the age of ten or more shall obtain the consent of the adopted person. Article 13 provides that if a guardian adopts a child orphan, he must obtain the consent of the person who has the obligation to support him. If a person who has the obligation to support does not agree to the adoption, and the guardian is unwilling to continue to perform guardianship duties, the guardian shall be changed in accordance with the General Principles of the Civil Law of the People's Republic of China.

From the above conditions, Sun Qiang has children and can no longer adopt children. However, Sun Qiang, as the relative of Wu Hongxia, adopted the children of her siblingsbrothers and sisters within three generations of her peerswithout being restricted by the no children condition. If Sun Qiang has the ability to raise and educate Wu Hongxia people, and Sun Qiang does not suffer from a medically unreasonable disease, then Sun Qiang can adopt Wu Hongxia. Wu Hongxia can also be adopted. In addition, Sun Qiang adopted Wu Hongxia. When Sun Qiang agreed to adopt, and Wu Hongxia's guardian, Wu Hongxia's grandparents agreed to adopt, Sun Qiang's lover agreed to adopt, Wu Hongxia's grandfather agreed to adopt, Wu Hongxia herself agreed to be adopted adoption. The above conditions are indispensable. Meeting the above conditions, Sun Qiang's adoption of Wu Hongxia is legal.

2. Questions about adoption procedures

Article 15 of the "Adoption Law" provides that adoption should be registered with the civil affairs department of the people's government at or above the county level. The adoption relationship is established from the date of registration. If the adoption fails to find the abandoned baby and child of the biological parents, the civil affairs department for registration shall make an announcement before registration. If the parties to the adoption relationship are willing to conclude an adoption agreement, they may conclude an adoption agreement. If the parties or one of the parties to the adoption relationship require an adoption notarization, they shall apply for an adoption notarization.

Article 2 of the "Measures for the Registration of Children Adopted by Chinese Citizens" promulgated and implemented by the Ministry of Civil Affairs on May 25, 1999 stipulates that: if a Chinese citizen adopts a child within China or terminates the adoption relationship by agreement, he shall register in accordance with the provisions of these Measures. The authority for adoption registration is the civil affairs department of the county-level people's government. Article 3, paragraph 4 stipulates that if an adoptive child of a consanguinity relative within three generations is adopted, and a stepfather or stepmother adopts a stepchild, the adoption registration office at the place where the adopted father or biological mother's permanent residence is located shall be registered. Article 4 stipulates that the parties to the adoption relationship shall go through the registration formalities of the adoption relationship in person at the adoption registration authority. If a husband and wife jointly adopt a child, they should go through the registration formalities together with the adoption registration authority; if one party cannot go in person for some reason, they should entrust the other party in writing to complete the registration formalities. Article 5 provides that the adopter shall submit an application for adoption and the following documents and certification materials to the adoption registration authority: (1) the resident registration book and resident identity card of the adopter; Certificates issued by the committee regarding my marital status, the existence of children, and the ability to support and adopt the education; (3) Medical examinations issued by medical institutions at or above the county level who do not suffer from diseases that are not medically considered to be adopted prove. Article 6 stipulates that: the adopter shall submit the following certificates and certification materials to the adoption registration authority: (1) the resident's household register and the resident identity card of the adopter (if the organization is a guardian, submit the identity card of the person in charge); (2) Where the adoption law stipulates that the consent of other persons with the obligation of fostering shall be obtained during the adoption, and the written opinion of other persons with the obligation of fostering shall be submitted. Where the guardian is a adopter, he shall submit proof of actual responsibility for guardianship, proof of the death or declaration of death of the orphan s parents, or proof of the adopted parent s incompetent civil capacity and serious harm to the adoptee. Article 7 stipulates that after receiving the application for adoption registration and related materials, the adoption registration agency shall conduct an examination within 30 days from the next day. Those who meet the conditions stipulated by the adoption law shall be registered for adoption by the parties, and an adoption registration certificate shall be issued. The adoption relationship shall be established from the date of registration; those who do not meet the conditions stipulated by the adoption law shall not be registered, and the parties shall be given reasons.

According to the above regulations, the Sun Qiangs and his wife should go to the adoption registration agency in Harbin, Heilongjiang Province, where the adopted resident Wu Hongxia's biological father or biological mother resides. An application for adoption should be submitted when registering; the household registration book and resident ID card of the Sun Qiangs and their couples; their marital status, the availability of children, and the ability to raise and educate the adopted person issued by the Sun Qiangs' unit or the villagers' committee and residents' committee Proof of the situation; the Sun Qiang couple issued by the medical institution at or above the county level did not have a medical examination certificate for a disease that medically believes should not adopt children. Wu Hongxia's grandparents should submit my residence register and resident ID card, as well as proof of Wu Hongxia's actual custody responsibility; proof that Wu Hongxia's parents have died; Wu Hongxia's grandfather agreed to a written opinion of Wu Hongxia's adoption.

After the above documents and materials are submitted, the adoption registration authority will review and issue an "Adoption Registration Certificate" within 30 days from the next day, and the adoption relationship will be established from the date of registration.

3. Regarding Wu Hongxia's ability to register in Beijing after being adopted

Article 16 of the "Adoption Law" stipulates that, after the adoption relationship is established, the public security department shall register the adoptee in accordance with relevant state regulations.

Article 8 of the "Measures for the Registration of Adopted Children of Chinese Citizens" stipulates that after the adoption relationship is established, it is necessary to complete the household registration or relocation procedures for the adoptee, and the adopter shall adopt the adoption registration certificate to the household registration authority in accordance with relevant state regulations.

The Ministry of Public Security and the Ministry of Commerce promulgated and implemented the "Notice of the Ministry of Commerce on the Migration of the Adopted Children's Hukou and Food Supply Relations" issued on May 16, 1992: in compliance with the relevant provisions of the "Adoption Law", adoption across cities and counties For a child with a similar household food relationship, the adopter submits an application to the registration authority of the place of residence based on the adoption notarization certificate and relevant certification materials (or a copy thereof) issued by the notary office of the place of residence. The county public security organs are allowed to go through the household registration procedures after approval. In accordance with the relevant provisions of the "Adoption Law", if an urban resident adopts a child under the age of 14 from the countryside, the adopter will issue an adoption notarization certificate and relevant certification materials based on the notary office (Or a photocopy thereof), apply to the registration authority of the place where the immigration is to take place, and after examination by the public security organs at the city or county level, report to the public security organs at the locality and city in accordance with the relevant provisions of "Agricultural Transfer to Africa".

The Opinions of the Ministry of Justice on Several Issues concerning the Implementation of the Adoption Law of the People's Republic of China promulgated and implemented by the Ministry of Justice on March 3, 2000 stipulates that notarization agencies shall notarize adoption or dismissal of adoption relations in accordance with the Provisional Regulations on Notarization and the Notarization The Procedural Rules (Trial) shall focus on examining whether the identity, capacity and intention of the parties concerned are true, and whether the adoption registration certificate or the certificate of termination of the adoption relationship is issued by a competent authority. If the notary office finds that the contents of the registration certificate violate the adoption law, it shall refuse to notarize it. Husband and wife are adopted together. If one party cannot be present for some reason, the other party is present and submits a power of attorney from a notarized spouse.

According to the above-mentioned laws and regulations, after obtaining the adoption registration certificate for Wu Hongxia, Sun Qiang should go to the notary office where Sun Qiang lives to apply for notarization of the adoption relationship. Then Sun Qiang held the adoption certificate, adoption registration certificate, household registration certificate, identity card and other documents, and applied to the household registration authority where Sun Qiang lived to handle Wu Hongxia's household registration procedures. ^[2]