Ar cle 1099 Adop on of a child from one’s collateral rela ves by blood of the same genera on and up to the
third degree of kinship may be exempted from the restric ons provided in Subparagraph (3) of Ar cle 1093,
Subparagraph (3) of Ar cle 1094, and Ar cle 1102 of this Code.
Adop on of a child by an overseas Chinese from his collateral rela ves by blood of the same genera on and
up to the third degree of kinship may also be exempted from the restric ons prescribed in Subparagraph (1)
of Ar cle 1098 of this Code.
Ar cle 1100 A childless adopter may adopt two children, and an adopter with one child may adopt only one
more child.
Adop on of an orphan, a minor with disabili es, or a minor in a children’s welfare ins tu on whose natural
parents cannot be traced may be exempted from the restric ons provided in the preceding paragraph and
Subparagraph (1) of Ar cle 1098 of this Code.
Ar cle 1101 Where a person with a spouse intends to adopt a child, the person and his spouse shall jointly
adopt the child.
Ar cle 1102 Where a person without a spouse intends to adopt a child of a di erent gender, the prospec ve
adopter shall be at least forty years older than the adoptee.
Ar cle 1103 A stepparent may, with the consent of the natural parents of the stepchild, adopt the stepchild,
and such adop on may be exempted from the restric ons provided in Subparagraph (3) of Ar cle 1093,
Subparagraph (3) of Ar cle 1094, Ar cle 1098, and Subparagraph (1) of Ar cle 1100 of this Code.
Ar cle 1104 Both adop on and placing for adop on shall be based on mutual consent. Where a minor
adoptee is aged eight or above, his consent shall be obtained.
Ar cle 1105 Adop on shall be registered with the civil a airs department of the people's government at or
above the county level. The adop ve rela onship is established upon registra on.
In the case of adop ng a minor whose parents cannot be traced, the civil a airs department for adop on
registra on shall make public no ce prior to the registra on.
The par es to an adop ve rela onship may enter into an adop on agreement on a voluntary basis.
Upon request of both par es or one of the par es to an adop ve rela onship, an adop on shall be
notarized.
Ar cle 1106 Upon establishment of an adop ve rela onship, the public security department shall facilitate
household registra on for the adoptee in accordance with the relevant regula ons of the State.
Ar cle 1107 An orphan or a child whose natural parents are incapable of raising him may be raised by the
rela ves or friends of his natural parents. The provisions of this Chapter shall not apply to the rela onship
between two persons one of whom is raised by the other.
Ar cle 1108 Where one spouse is deceased and the surviving spouse intends to place their minor child for
adop on, the parents of the deceased spouse shall have priority in raising the child.
Ar cle 1109 Foreign na onals may adopt children in the People's Republic of China in accordance with law.
The adop on of a child by a foreign na onal in the People's Republic of China shall be subject to the review
and approval of the competent authori es of the foreign na onal's country of residence in accordance with
the law of that country. The foreign adopter shall submit documents issued by the competent authori es of
his country of residence cer fying such personal informa on as his age, marital status, occupa on, nancial
situa on, physical condi on, and whether he has criminal record. The foreign adopter shall conclude a
wri en agreement with the person who places the child for adop on and register the adop on in person
with the civil a airs department of the people’s government at the level of provinces, autonomous regions,
or municipali es directly under the State Council.
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