Provisional Regulations and Requirements by CCAA for Foreign Adoption Organizations Doing Adoption with China

When carrying out adoption from China, foreign adoption organizations should abide by the following regulations and requirements:

Part One

Adoption Application, Certifying Documents and Home Study Report

Ⅰ. Adoption application documents

1. Documents required for submission:

(1) Inter-country adoption application letter;

(2) Birth certificate;

(3) Marital status certificate;

(4) Occupation, income and financial status certificate;

(5) Physical examination certificate;

(6) Criminal/ Non-criminal record certificate;

(7) Home study report;

(8) Certificate certifying the approval of the inter-country adoption by the competent authority of the country where the adoption applicant resides;

(9) Copy of passport;

(10) Two bareheaded photos (two inches) and six family photos.

All the certificates except those required in item (9) and (10) must be produced by the competent body in the resident country and authenticated by diplomatic organization of the resident country or agencies authorized by the diplomatic organization and notarized by the embassy or consulate of the People's Republic of China in that country.

For applicants who have resided in China for at least one year without interruption for work or study, they should submit, in addition to the above documents (item (5) exclusive), certificates of marital status, occupation, income, financial status and non-criminal record produced by the Chinese unit to which they belong or related department. The physical examination certificate should be produced by a medical unit at or above the prefecture (city) level.

2. Contents of documents required

(1). Inter-country adoption application letter

A. The inter-country adoption application should be written personally by the adoption applicant instead of being written by others or by adoption organization according to the fixed format.

B. The inter-country adoption application shall be signed by the adoption applicant in his or her own hand.

C. The inter-country adoption application shall include the following contents: name of adoption applicant, date of birth, place of birth and nationality, reasons for adoption, clear desire and requirements for adoption of Chinese children, a statement by the applicant promising not to abandon or maltreat the child to be adopted, and a statement by the applicant committing to ensure the equal rights for the adopted child as the biological ones and ensure that the adopted child be properly raised and educated and grow healthily.

(2). Birth certificate

A. An adoption applicant must provide his/ her birth certificate or a copy of the birth certificate (provide separately in the case of a married couple) produced by the competent governmental body or civil registry of the place of birth.

B. If there is no such a body to produce the birth certificate, a copy of the original birth certificate notarized by the local notary public or notary should be provided.

(3). Marital status certificate

An adoption applicant who has married should provide the marital status certificate produced by the competent governmental body in the wedding place. If an adoption applicant is single, he/ she should provide certificate of singles. If an adoption applicant is not married, he/ she should provide certificate of being unmarried. If an adoption applicant is divorced, the applicant should provide certificate of the latest divorce. In the case that an adoption applicant has lost his/ her spouse, he/ she shall provide certificate of the death of the spouse.

(4). Occupation, income and financial status certificate

A. An adoption applicant should provide a certificate of occupation produced by the employer or the organization with which the application works. The certificate of occupation should include the following: occupation and post of the applicant, term of employment, annual income and prospects for continued employment (provide separately in the case of a married couple).

B. In the case of adoption applicant being an employer or a professional, he/ she should provide the certificate of occupation and annual income produced by a licensed chief accountant. In the case of the adoption applicant being a licensed chief accountant himself/ herself, he/ she applicant should provide the certificate of occupation and annual income produced by another licensed chief accountant.

C. If an applicant does not have any occupation, he/ she should provide a certificate of no occupation, with the contents covering current source of income and plans for taking up jobs.

D. In the case that the adoption applicant is a retiree, he/ she should provide a statement of retirement, with the contents covering date of retirement, annual income before retirement, whether there is any income after retirement and income status, etc.

E. The certificate of income and financial status should be filled in according to the attached Table 1 (the annual income of an applicant should be identical with the one in the certificate of occupation. If not identical, there should be an additional statement.)

F. The currency used in occupation, income and property status should be the one used for settlement by the resident country of the adoption applicant.

(5). Physical examination certificate

A. An adoption applicant should provide a physical examination certificate produced by a licensed doctor (provide separately in the case of a married couple).

B. The physical examination certificate of the adoption applicant should be filled in according to the attached Table 2. The certificate should be written clearly and neatly. If the writing is too cramped or too slipshod to be illegible, it shall be deemed as having not provided the health check certificate.

C. If an adoption applicant uses a certain drug for a long period of time, the applicant shall specify the name and function of the drug.

D. If an adoption applicant used to suffer from a certain serious disease or undergo certain surgical operation, a check report shall be produced by a licensed doctor, with the contents covering when the disease was contracted or when the operation was given, what kind of disease contracted or what kind of operation received, the process of treatment and results or result of the operation, whether or not the patient has fully recovered, whether or not the patient has to continue to take medicine to control the disease and the conclusion whether or not the applicant is suitable for raising a child.

E. If a single adoption applicant has a co-habitant of the opposite sex, he/ she shall provide a physical examination certificate of the co-habitant.

F. The physical examination certificate should be valid not more than one year starting from the date of physical examination (the date when the examination was taken) to the logging-in date of the application documents in CCAA.

(6). Criminal/ Non-criminal record certificate

A. An adoption applicant should provide a criminal/ non-criminal record certificate produced by the local police in his/ her country with a signature of the qualified official (provide separately in the case of a married couple).

B. If an adoption applicant has lived or worked for at least one year in other countries or regions within the recent five years, he/ she should provide a criminal/ non-criminal record certificate produced by the resident country.

C. A single adoption applicant who has a co-habitant of the opposite sex should provide a certificate of criminal/ non-criminal record for the co-habitant.

D. The certificate of criminal/ non-criminal record should not exceed one year starting from the producing date of the certificate to the logging-in date of the application documents in CCAA.

(7). Certificate certifying the approval of the inter-country adoption by the competent authority of the country where the adoption applicant resides

A. An adoption applicant should provide a valid document of approval produced by the resident country's government for adopting a child from China.

B. An adoption applicant who has been continuously working or studying in China for more than one year may provide a valid document of approval produced by the embassy or consulate in China of the resident country for adopting a child from China.

(8). Photos

The two-inch bare-headed photos should be put in a standard passport photo bag, without clipping or sticking. Family photos may be stuck to a piece of paper of the same size as the document paper.

Ⅱ. Home study report

1. A home study report should cover the following contents:

(1) Meetings and interviews, including the number, time, place and ways of meetings and talks between a social worker and the adoption applicant. A social worker must meet and talk face to face with an adoption applicant and the number of interviews and meetings shall not be less than four (including family visits).

(2) Adoption motivation. It includes the reasons for making the decision to adopt a child and the reasons for adopting a child from China, the understanding of inter-country adoption, the understanding and mental preparation for the possible risks and delays involved in inter-country adoption, for the prospective adoptee, and for the possible post-adoption ill-adaptation of the adopted child.

(3) Family background/individual introduction. This includes the educational background, work experience, hobbies, religious belief, off-hour activities and the relationship between parents and among brothers and sisters.

(4) Marital status. This includes how the husband and wife look at each other, their attitude toward marriage and methods to revolve problems arising from marriage, their satisfaction level about their marriage; in the case of a single, it should include the attitude to the current status as a single and the attitude toward possible future marriage and how to treat adopted child after marriage in the future; in the case of divorced, it should include the reasons for the last divorce or the former divorces and the number of divorces.

(5) Children. This should include whether or not there are some wedlock children, non-wedlock children or adopted children. It should specify their sex, age, hobbies and education level. In the case of having children from the previous marriage, it should be specified as to whether they live together with the adoption applicant. When there are children of over 10 years of age living together, it should specify what they think of inter-country adoption.

(6) Health conditions. It includes whether or not the adoption applicant has any serious diseases, whether there is any disability that makes the applicant unable to take care of himself or herself, whether there is any mental or psychological disease and whether the disease or diseases constitute factors unfavorable for raising a child. The health conditions of the adoption applicant should be identical with the Physical Examination Certificate produced by the licensed doctor. The social worker shall make an appraisal as to whether the applicant's health condition is suitable for raising an adopted child.

(7) Family financial conditions. It should include the income and expenses of the applicant, such as annual income, investment income, family assets, liabilities, living expenses, and whether the income and expenditure are balanced. The social worker should make an appraisal as to whether the financial conditions of the applicant are suitable for raising an adopted child.

(8) Record of maltreatment or violence or crime. This includes whether the applicant has a history of excessive drinking, drug abuse, medicine abuse, family violence, sexual abuse and maltreatment of children (even if it did not result in arrest or conviction), whether the applicant has a criminal record (including arrest or conviction), whether the applicant has received any punishment, whether the applicant showed repentance or correction after punishment. The social worker should make an appraisal as to whether the applicant is eligible for adoption.

(9) Living conditions. This includes the current residence conditions, the size of the residential house, community environment, educational facilities in the community, medical facilities and public service facilities in the community, especially the attitude of the community toward accepting adopted children of other races, the conditions of each residential house, including the appraisal of the suitability of the living conditions for children, with a statement on whether the living space conforms with the requirements of the local government.

(10) Nurture plan. This includes the status of the exchanges between the children, parenting experience, the prospective method of nurture for adopted child; in the case of adopting disabled or diseased children or older children, it should clarify the metal preparation, expectation and the ability of raising such children on the part of the adoption applicant. The social worker should make an appraisal as to whether the adoption applicant is suitable for adopting a child based on the nurture plan of the applicant.

(11) Status of co-habitants or non-family-member co-habitant. If the adoption applicant (married or single) has any non-family-member co-habitant, the relations between them and the reasons for co-inhabitation should be clarified. For a single applicant who is co-habiting with non-family member of the opposite sex, the social worker should affirm the stand that China will not accept the application by homosexual families for adopting children and the adoption applicant should make a statement that he/ she and the co-habitants are not homosexuals. The social worker should make a true appraisal of such a case. For the adoption applicant co-habiting with a non-family member of the opposite sex, the attitude of the co-habitant toward his/ her adoption in China and the relations between the applicant and the co-habitant should be truly stated.

(12) Guardian/ rearing commitments. This includes the designation of guardian/ child rearer in case things unpredictable happen to the applicant or the applicant passes away of pre-mature death, the description on the age, profession, marital status, children, health and income of the designated guardian/ child rearer. The social worker should make an appraisal as to whether the designated guardian/ child rear is suitable for the guardianship and rearing of the adopted child. The guardian/