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What preconditions should be met by the person placing out the child for adoption

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What preconditions should be met by the person placing out the child for adoption


        

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  • 2024-06-25 20:00:56

    According to the provisions of the Adoption Law, the person placing out the child for adoption meets the following conditions:
    (1) If the adoptee is an orphan without parents, his guardian may act as the person placing out the child for adoption, but he must obtain the consent of the person who has the obligation to support him. If the adoptee is an orphan without a guardian, the social welfare institution may act as the person placing out the child for adoption.
    (2) Where parents place out a child for adoption, they must place out the child for adoption together. However, if one of the parents is unknown or cannot be found, it can be unilaterally placed out for adoption. If one spouse dies and the other party places out a minor child for adoption, the parents of the deceased party shall have the priority to support the child.
    (3) They must be biological parents with full civil capacity. However, parents who may cause serious harm to minors are not subject to this restriction;
    (4) Having special difficulties and being unable to raise their children. However, the adoption of children of collateral relatives of the same generation within three generations is not subject to this restriction. Stepparents who adopt stepchildren are not subject to this restriction. According to the adoption law, the person placing out the child for adoption must provide the following supporting materials:
    (1) The household register and resident identity card of the person placing out the child for adoption (if the organization acts as guardian, the identity card of the person in charge shall be submitted);
    (2) Submit the written opinions of other persons who have the obligation to support the child to agree to place out the child for adoption; If the social welfare institution is the person who places out the child for adoption, it shall submit the original records of abandoned babies and children entering the social welfare institution, the report certificate of picking up abandoned babies and children issued by the public security organ, or the certificate of death or declaration of death of the birth parents of orphaned children. If the guardian is the person placing out the child for adoption, he or she shall submit a certificate proving that he or she actually assumes the responsibility of guardianship, and a certificate certifying that the parents of the orphan died or were declared dead. Or proof that the parents of the adoptee have no full capacity for civil conduct and do serious harm to the adopter. If the parents are the persons who place out the child for adoption, an agreement signed with the local family planning department that does not violate the family planning regulations shall be submitted; If they are unable to raise their children due to special difficulties, they shall also submit a certificate issued by their unit or the villagers' committee or the residents' committee that the person placing out the child for adoption has special difficulties. Among them, if the spouse is widowed or the whereabouts of one party is unknown, the certificate of death or whereabouts of the spouse shall also be submitted; If a child is adopted by collateral relatives of the same generation within three generations, a certificate of kinship with the adopter issued by a public security organ or notarized shall also be submitted. If the adoptee is a disabled child, the child's disability certificate issued by a medical institution at or above the county level shall be submitted.

    C***

    2024-06-25 20:00:56

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