If the biological parents need to give the child to another person for adoption, in order to avoid the occurrence of abduction and trafficking in the name of adoption, the conditions for adoption are clearly stipulated. If the prescribed conditions are not met, then the final adoption is established. What are the conditions for birth parents to give up their children for adoption as stipulated in the law?
Netizen consultation:
Under what circumstances biological parents can give up their children for adoption
Lawyer answers:
1. Biological parents with special difficulties, such as biological parents suffering from illness or special financial difficulties, unable to raise their children, may send their minor children for adoption.
2. If the biological parents of a minor child are both alive, they must jointly send the minor child for adoption;If one of the spouses is missing, the other spouse may be unilaterally adopted.
3. If one of the parents of a minor dies and the other parent wants to give up the minor child for adoption, the parents of the deceased party, i.e. the grandparents of the minor child, may request to raise the minor.
4. The parents of the deceased party have priority custody, and as long as they are willing and able to raise their grandchildren or grandchildren, then the other party cannot give up their minor children for adoption. The adoption of a minor who has reached the age of 8 shall be subject to his consent. If the minor does not consent, he or she cannot be given up for adoption.
Lawyer adds:
The adopter shall meet the following conditions at the same time:
a) No children or only one child;
2) Have the ability to raise, educate and protect the adoptee;
3) Not suffering from a medical condition that would make it medically inappropriate to adopt a child;
4) There is no record of violations or crimes that are detrimental to the healthy growth of the adoptee;
5) Be at least 30 years old.
[Laws and Regulations].
Article 1094 of the Civil Code The following individuals and organizations may be adopters:
a) Guardians of orphans;
2) Child welfare establishments;
3) Biological parents who have special difficulties and are unable to raise their children.
Article 1105: Adoptions shall be registered with the people's ** civil affairs department at the county level or above. The adoptive relationship is established from the date of registration.
Where the biological parents cannot be found in the adoption of minors, the civil affairs department handling the registration shall make an announcement before registration.
Where the parties to the adoption relationship are willing to sign an adoption agreement, they may sign an adoption agreement.
Where all or one of the parties to the adoption relationship requests a notarization of adoption, the notarization of adoption shall be completed.
The people's ** civil affairs departments at the county level or above shall conduct an adoption assessment in accordance with law.
Introduction of Hunan Furong (Guangzhou) Law Firm
"Hunan Furong Law Firm", formerly known as Changsha Legal Counsel Office (directly under the Changsha Municipal Bureau of Justice) established in 1956 and renamed as "Hunan Furong Law Firm" in 1996, is one of the earliest comprehensive legal service institutions established in Hunan Province, and has won many honors such as "Excellent Law Firm in Hunan Province" and "Excellent Law Firm in Changsha City". As a large-scale comprehensive legal service organization, Furong Law Firm has hundreds of practicing lawyers, with branches in Shenzhen, Guangzhou, Dongguan, Zhongshan, Foshan, Huizhou, Zhuhai, Xiangtan, Changde, Yueyang, and **Lin Zhou), and branches in Beijing, Haikou and Nanning are also under close preparation. Hunan Furong (Guangzhou) Law Firm was established by relying on the head office, advocating large-scale, professional, chain and comprehensive services, aiming to provide customers with more professional, efficient and comprehensive legal services.
Site area: 800m
There are more than 30 full-time lawyers, trainee lawyers, team assistants, and non-litigation legal personnel.
There are 3 conference rooms, more than 10 party building activity rooms and offices.