China

2023-11-15 07:37| 来源: 网络整理| 查看: 265

Available

Fees: Varies. Normally RMB 200 - 300 (Notarization Fee: RMB 80 + Translation Fee: Non-standard)

Document Name: Notarial certificate (Gong Zheng Shu)

Issuing Authority: Local Notary Public Office (Gong Zheng Chu)

Special Seal(s) / Color / Format:

A notarial adoption certificate certifies the authenticity of the original adoption certificate/adoption registration certificate; and that the photocopy of the certificate is in accordance with the original. A notarial adoption certificate normally contains a watermark, seal, and red stamp; except for the copies of the original adoption certificate/adoption registration certificate. It must indicate the adoptee’s information (name, gender, and date of birth), the adoptive parents’ information (name, gender, and date of birth), the name of the person or institution placing the child for adoption, the registration number, the registration date, and the registration authority. All notarial documents must have an English translation, and be attached to a certificate stating that the English translation is in conformity with the Chinese original.

Issuing Authority Personnel Title: Notary Public (Gong Zheng Yuan)

Registration Criteria:

A National ID card and household registration (Hu Kou Bu). If the applicant lives abroad, a copy of his or her passport is also required. If the applicant is a Taiwan/Hong Kong/Macau resident, the mainland travel permit is required. Original adoption certificate/adoption registration certificate. A signed affidavit or authorization certificate from the applicant if someone other than the applicant applies for the certificate on his or her behalf. The authorized person also needs to provide his/her national ID card. Other documents requested by the Notary Public (Gong Zheng Yuan).

Procedure for Obtaining:

Complete an application and submit all relevant documents to the Notary Public Office (Gong Zheng Chu). The Notary Public then examines the documents. If the application is accepted, the applicant pays all related notary fees. Once the review of the submitted documents is completed, the notarial adoption certificate is issued.

Certified Copies Available: Certified copies are not available.

Alternate Documents: There are no alternate documents.

Exceptions: In accordance with the most recent revisions to China's adoptions law, a Notarial Adoption Certificate is no longer a requirement for international (intercountry)-adoption cases that were initiated after April 1, 1999, the effective date of the revisions. Notarial Adoption Certificates remain available should any party involved in the adoption process wish to have one (Adoption Law of the PRC, Chapter II, Article 15).

Comments: Applicants should check the website or contact their local Notary Public Office to obtain specific information regarding required fees and supporting documents.

Early Adoptions

Prior to January 1981, there were no standardized adoption laws and regulations in China. Commonly, adoptions were orally agreed to by the adoptive parent(s) and natural parents and/or surviving family members. There may or may not be a written record dating from the time of the adoption in these older cases. Parties to pre-1981 adoptions, however, often secured Notarial Adoption Certificates at a later point in time that listed the natural parents' names, adoptive parents' names, and the date of the adoption. These certificates were meant to be issued only after the notary ascertained that an adoption took place conforming to local practice and regulation.

Following Enactment of the Adoption Law of China, Effective April 1, 1992

China codified its adoption laws and regulations in the Current Adoption Law of China on December 29, 1991, which came into effect on April 1, 1992. Under this law, a Notarial Adoption Certificate was required in all adoption cases, and the inability to obtain a Notarial Adoption Certificate was prima facie evidence that no legal adoption ever took place. Therefore, adoptions taking place after January 1981 and before April 1, 1999 are considered valid only with the issuance of a Notarial Adoption Certificate. Additionally, for adoption cases initiated during this period, the date of issuance of the Notarial Adoption Certification serves as the effective date of adoption.

Revisions to the Adoption Law of China, Effective April 1, 1999

On November 4, 1998, China amended its adoption law, effective April 1, 1999. Under the revised law, Notarial Adoption Certificates are no longer required in the adoption process, nor are they used to establish the effective date of adoption. Instead, a Certificate of Registration of Adoption is used, and the effective date of an adoption is the date of registration (Revised Measures for Registration of Adoption of Children by Foreigners, Article 11). These certificates are issued by the provincial-level Ministry of Civil Affairs, which is responsible for approving all adoptions of parentless or abandoned children who becomes the wards of the Chinese state.

International (Intercountry) Adoptions in China

Foreigners may, in accordance with the Adoption Law of China, adopt a child in the PRC. As in a domestic adoption, the adoptive relationship shall be established as the date of registration for all adoptions concluded on or after April 1, 1999, the effective date of the revised law. For adoptions occurring prior to that date, failure to obtain a Notarial Certificate of Adoption remains prima facie evidence that a legal adoption never took place. While a Notarial Adoption Certificate is no longer required, one may be obtained should any party involved in the adoptive relationship wish to have one. Moreover, it remains true that if a foreign parent or married couple adopts a Chinese orphan, at least one of the adoptive parents must travel to China to complete the adoption, at which time they will receive a Notarial Birth Certificate and a Notarial Abandonment Certificate (Revised Measures for Registration of Adoption of Children by Foreigners, Article 8). The Notarial Abandonment Certificate should detail under what circumstances the child was either orphaned or abandoned. Please consult the U.S. Consulate Guangzhou's Adoption Unit for more on the intercountry adoptions process.

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