Return to:
Index of "International Adoptions Reports"
Index of "Population, Refugees and Migration" ||
Electronic Research Collections Index ||
ERC Homepage
U.S. Department of State
1995: International Adoption -- China
Bureau of Consular Affairs
China Adoptions Microlog Text
(202-736-7000)
The U.S. Consulate in Guangzhou has been informed that the
China Adoption Center, which processed a limited number of
applications in August, once again is accepting applications
for foreign adoptions by U.S. citizens.
In recent weeks there have been a number of media reports
concerning orphans in China. To date, those reports do not
appear to have affected the processing of adoptions in China.
While the process from beginning until completion may last
several months, in general, adoptions in China are progressing
smoothly. Through August of 1995 there have been 1,528
adoptions in China compared to a total of 1,094 adoptions in
all of 1994..
Couples who are adopting are reminded that U.S. immigration
regulations mandate that both parents must sign the completed
I-600 petition. If only one of the adopting parents is
traveling to China remember that blank petitions signed by the
absent parent or a power of attorney authorizing one parent to
sign for the other are not acceptable.
For detailed information on adoption procedures for China,
please send an 8 1/2" by 11" self addressed stamped envelope
with $3.00 in postage to: China Adoptions, Office of
Children's Issues, Room 4811, Department of State, Washington
D.C., 20520-4818.
INTERNATIONAL ADOPTION - CHINA
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE
LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED
FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN
A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF
SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO A FOREIGN ATTORNEY.
TABLE OF CONTENTS
Page
Disclaimer ......................................... 1
Table of Contents .................................. 1-2
INTRODUCTION 3
Proviso ........................................ 3
General Summary................................. 3-6
Time Frame ..................................... 7
Eligibility - Please Note ...................... 8
ADOPTING IN CHINA 8
General
Chinese Adoption Authority ..................... 8-10
Availability of Children For Adoption .......... 10
Chinese Adoption Law ........................... 10
Children Eligible for Adoption ................. 10
Note: What Constitutes Handicapped ............ 11
Note: What Constitutes Orphaned in China ...... 12
Age and Civil Status Requirements .............. 13
Note: Adopting Multiple Children .............. 13
Residence Requirements for Adoptive Parents .... 14
Note: Powers of Attorney ...................... 14
HOW TO BEGIN 14
Acting On Your Own Behalf ...................... 14
Selecting Licensed Adoption Agency ............. 14-15
Note: Working With Adoption Agency/Contact .... 15
Agencies Submitting Credentials ............ 15
The Adoption Application ....................... 15-16
Chinese Documentary Requirements ............... 16
Skipping Steps May Result in Failure to Adopt .. 16
What Documents Are Required .................... 17-18
Translation Requirements ....................... 18
Authentication Requirements .................... 18-20
Special Instructions for Persons Born
or Married in Third Countries ................ 20-21
Chinese Embassy and Consulates in U.S. ......... 21
FINALIZING THE ADOPTION IN CHINA 22
Identifying Child .............................. 22
Initial Agreement .............................. 22
Traveling to China ............................. 22
Meeting the Child (Medical Concerns) ........... 22
The Interview(s) ............................... 22-23
Child's Chinese Passport and Exit Permit ....... 23
Signing Adoption Contract ...................... 23-24
Problems: Disruption After Final Adoption ..... 24
Obtaining Translations and Copies of Contract .. 24
Proof of Abandonment of Infants Under 6 Mos. Old 25
Chinese Fees ................................... 25
ADOPTIONS NOT IN COMPLIANCE WITH CHINESE LAW 25-26
U.S. IMMIGRATION REQUIREMENTS 26
Getting Started Early With INS................... 26
Understanding the Process ....................... 26
Unconditional Abandonment ....................... 26-27
Meeting Definition of Orphan under U.S.
Immigration and Naturalization Act .......... 27
WORKING WITH U.S. CONSULATE ON THE VISA 27
Consular Authority to Approve a Case ............ 27
Filing the I-600 Petition with the Consulate..... 28
Scheduling Appointment with U.S. Consular Officer 29
What Documents to Bring to the U.S. Consulate ... 29
Note: Additional Documents in Special Cases .... 29
Note: Married Couples (Both Haven't Seen Child). 30
Note: Powers of Attorney Not Allowed ........... 30
U.S. Immigration Checklist ...................... 31
U.S. Fees ....................................... 31
Additional Information on U.S. Immigration Process 31-32
OTHER AMERICAN EMBASSY/CONSULATE ASSISTANCE 32
Addresses and Phone Numbers of Embassy and Consulates 32-33
Hotels in Guangzhou, China .......................... 33-34
What to Bring for Your New Baby ..................... 34
Doctors ............................................. 34
Interpreters/Translators ............................ 34
Ground Transportation ............................... 34
Hong Kong Transit Visas for Adopted PRC Children .... 34-36
PROBLEMS 36
Office of Overseas Citizens Services, State Department 36
Office of American Citizens Services-Travel Warnings 36
Office of Visa Services, State Department ............ 37
Immigration and Naturalization Service (INS) ......... 37
Expeditious Naturalization of Child as U.S. Citizen .. 37
CONCLUSION ........................................... 37-38
ADDENDA
INS Checklist .................................... 39
Text of Chinese Adoption Law ..................... 40-44
Text of Chinese Adoption Regulations ............. 45-50
Map of China - U.S. Consular Districts ........... 51-52
List of U.S. Consular Districts in China ......... 53
INTRODUCTION
PROVISO: Chinese authorities are extremely sensitive about
the intrusion of foreign entities. Adoption is also a
sensitive subject in China. It is therefore advisable for
any person interested in adopting a child from China to act
with discretion and decorum. High profile attention to
adoption in China could curtail or eliminate altogether
adoption of Chinese children by persons from countries
causing adoption to become the subject of public attention.
The following is a guideline for U.S. citizens who are
interested in adopting a child in China and applying for an
immigrant visa for the child to return to the United States.
This process can be expensive, time-consuming and difficult,
involving complex Chinese and American legal requirements.
Adoptions are given careful consideration on a case-by-case
basis by both Chinese judicial authorities and American
consular officers to ensure that the legal requirements of both
countries have been met for the protection of the adoptive
parent(s), the natural parent(s) and the child. Interested
Americans are strongly advised to read the following
information carefully. Contact the U.S. Immigration and
Naturalization Service early in the process, before you have
identified a specific child to adopt. Contact American
consular officials in China before formalizing an adoption
agreement to ensure that appropriate procedures have been
followed which will make it possible for the Consulate General
in Guangzhou to issue a U.S. immigrant visa to the child.
Please share your experiences and suggestions about how we can
improve this information and better assist Americans adopting
in China.
GENERAL SUMMARY:
The adoption of Chinese children by U.S. citizens in accordance
with Chinese law and regulations, and immigration of eligible
Chinese orphans into the United States in accordance with U.S.
immigration laws is operating successfully with minimal
difficulty. Adoptions must be arranged through the China
Adoption Organization (CAO) or local Ministry of
Justice/Ministry of Civil Affairs provincial offices. Only
children for whom a Chinese adoption notarial certificate has
been issued will be issued a Chinese passport and exit permit
by Chinese authorities an thus be permitted to leave China.
U.S. immigrant visas can only be issued after a Chinese
adoption notarial certificate has been issued. In addition to
meeting the requirements of Chinese adoption law, prospective
adoptive parents should be sure to contact the U.S. Immigration
and Naturalization Service office nearest them very early in
the process, before applying to Chinese authorities, to ensure
that all requirements of U.S. law are met.
The Chinese adoption law has specific provisions as to what
children are available for adoption and what adoptive parents
are acceptable. These variables are discussed more fully
below. The law differentiates between an abandoned child (with
one or both parents living) and an orphan under Chinese law
(both parents deceased). The law restricts adoption of healthy
abandoned children with one or both parents living to childless
persons (including birth and adopted children) 35 years old or
older, and only permits the adoption of one child. There are
exceptions if you are adopting a relative's child. Persons who
are under 35 years old and/or who already have children are
only permitted to adopt orphans (requiring proof that both
parents are deceased) or handicapped children. Persons seeking
to adopt orphans (requiring proof that both parents are
deceased) or handicapped children are permitted by Chinese law
to adopt more than one child. The Chinese adoption law permits
adoption by married couples and single persons.
U.S. citizens interested in adopting a child from China may
retain the services of an adoption agency or intermediary whose
credentials have been reviewed and accepted by competent
Chinese authorities from the Ministries of Justice or Civil
Affairs in the Chinese Adoption Organization (CAO). Chinese
regulations also permit private adoptions arranged through the
China Adoption Organization (CAO). However, individuals should
be aware that between April 1, 1992 (when the China Adoption
law was implemented) and December 1, 1994, the Department of
State in Washington and the U.S. Embassy and Consulates in
China are aware of very few cases where individuals succeeded
in arranging a private adoption without the use of an agency or
intermediary through the CAO. Although the CAO reviews the
licenses and professional credentials of all such agencies,
attorneys or intermediaries, China does not formally approve or
authorize specifies agencies or intermediaries at the present
time. Information about agencies currently involved in China
adoptions may be obtained from Adoptive Families of America,
3333 Highway 100 North, Minneapolis, MN 55422, tel:
1-800-372-3300 or 612-535-4829, an adoptive parents support
organization not involved in direct placement. Persons
interested in adopting children from China are urged to follow
the guidance in this flyer carefully regarding preparation of
documents and other procedures. When placement of a child for
adoption has been initially approved, the CAO advance working
group will issue an approval notice (Notice of Coming to China
for Adoption). It is then necessary to travel to China to
complete the adoption. The prospective adoptive parent(s)
should have the approval notice in hand before departing for
China. Prospective adoptive parents should be wary of promises
that an adoption has been initially approved if an agency or
intermediary is unable to provide a copy of the CAO approval
notice. A parent or parents proceeding to China to complete
the adoption process should plan on at least four days in
Guangzhou, China to allow the U.S. Consulate General there to
process the immigrant visa. Same day interview and visa
issuance is not possible. The adoptive parent should contact
the Consulate to arrange an appointment only when they are
nearing the end of or have completed the adoption process in
China.
Copies of the People's Republic of China (PRC) 11/13/93
regulations to implement the China adoption law of April 1,
1992 are annexed to this flyer. The new Chinese adoption
regulations and the China adoption law relate to all adoptions
of Chinese children, including adoption by foreigners.
APPLYING FOR ADOPTION IN CHINA:
Both the PRC Ministries of Justice and Civil Affairs are
accepting applications for adoption by foreigners. The
Ministry of Justice advises that it accepts applications from
individuals or agencies. The Ministry of Civil Affairs advises
that it will accept applications only from adoption agencies,
not from individuals. An original and two authenticated copies
of the application and accompanying documents must be presented
either to the Ministry of Justice or the Ministry of Civil
Affairs. All documents must be authenticated by the PRC
Embassy or Consulate in the United States. The Ministry of
Justice advises that its initial fee is U.S. $300.00, but could
go as high as U.S. $500.00 if translation or other extra
services by MOJ staff become necessary. The Ministry of Civil
Affairs advises that its initial fee is U.S. $300.00. The
translations for either the MOJ or the MOCA can be done in the
United States or China; however, the Ministry of Justice
advises that the translations must be "correct" and that MOJ
will "rectify" any errors (which could account for some extra
cost above the initial $300.00.) Regardless of which Ministry
receives the application, it must be vetted and approved by
both Ministries at a meeting of the China Adoption
Organization's Advance Working Group before the application is
"approved."
SUBMISSION OF CREDENTIALS BY ADOPTION AGENCY, INTERMEDIARY OR
INDIVIDUAL:
The new PRC regulations provide in part that the adopter may
only adopt one child and that applications for adoption must be
made to the CAO through an adoption agency "entrusted by the
adopter's country's government". The regulations require that
applications for adoption be submitted either by "the
government" or "the adoption agency entrusted by the
government" of the prospective adopting parents. Officers of
the U.S. Department of State are prohibited by Federal
regulations from acting as agents or attorneys on behalf of
U.S. citizens in private legal matters. Since Chinese
officials have been informed that the U.S. Government does not
submit applications on behalf of parents or authorize adoption
agencies to do so, the CAO advance working group has indicated
that it will accept such applications directly from individual
U.S. citizens or U.S. adoption agencies filing on behalf of an
individual. Adoption agencies should be state-licensed, and
must have previously submitted a letter of introduction with
copies of its license and corporate documents (e.g. articles,
officers, etc.) directly to either Chinese Ministry. These
documents must be authenticated by the Chinese Embassy or
consulate in the United States and accompanied by a Chinese
translation. Individuals will likewise be required by PRC
authorities to present documentary evidence of their bona
fides, including, for example, copies of licenses, bar
association membership, and state laws permitting the
individual to act as an intermediary in an adoption.
Licensed U.S. adoption agencies may submit their
credentials directly to the CAO advance working group.
Agencies in states with no laws or regulations on adoption and
no licensing procedures may not be eligible to the CAO to
submit applications for adoption.
Agencies which successfully arranged adoptions previously
should not assume that the CAO has automatically accepted their
previously submitted credentials as sufficient to submit
applications. Agencies should contact the CAO directly to
confirm that adoption applications submitted by the agency will
be accepted by the CAO.
The CAO advance working group has not publicized under what
circumstances applications forwarded directly by individuals
other than prospective adoptive parents themselves may be
accepted. Prospective adoptive parents may therefore wish to
ask individuals (not licensed agencies) assisting in
facilitating adoptions in China for evidence that the CAO has
confirmed it will accept applications submitted by the
particular individual.
REFERRAL OR PLACEMENT OF CHILDREN:
Both the MOJ and the MOCA advise that they will supply
referrals (baby pictures, health records, etc.) only after
having received an application (dossier) from prospective
adoptive parent(s) either directly or through an adoption
agency as specified above. The MOJ and MOCA continue to refer
babies from the child welfare institutes with which particular
U.S. adoption agencies are familiar. The CAO maintains control
and acts as the go-between between the child welfare institutes
and the U.S. adoption agencies or parent(s). Agencies without
prior relationships with local institutes receive child
referrals from the CAO and their applicants are then sent to
whatever province they are referred by CAO.
CHINA ADOPTION ORGANIZATION (CAO):
China is in the process of taking the necessary measures to
bring the new regulations into full force. The regulations
establish a new Chinese Government entity, the CHINA ADOPTION
ORGANIZATION (CAO) in Beijing to implement the China adoption
law. All adoption aplications must be betted and approved by
both Ministries of Justice and Civil Affairs at a meeting of
the China Adoption Organization's Advance Working Group before
the application is approved. Prospective adoptive parents or
their agencies may suggest to the CAO a specific child in a
Child Welfare Institute (orphanage), or from which specific
Child Welfare Institute, or from which city, county, province
they wish to adopt (being mindful that the child must meet the
definition of orphan under U.S. Immigration law). The CAO
replaces the former China Center for Adoption Affairs. The new
CAO, a joint entity to be formed under both the Ministry of
Civil Affairs and the Ministry of Justice is not yet fully
operational.
PRC ADVANCE WORKING GROUP ON ADOPTIONS:
In February 1994, officials of the Chinese Ministries of
Justice and Civil Affairs responsible for adoption matters
informed the U.S. Embassy in Beijing that an advance working
group of the CAO had been formed. This advance working group
is now accepting applications by foreigners for adoption in
China and issuing approval notices required under the November
1993 Chinese adoption regulations. The advance working group
is comprised of a total of six Chinese officials, three each
from the Chinese Ministry of Justice and the Ministry of Civil
Affairs.
APPROVAL NOTICES:
When the advance working group issues an approval notice
("Notice of Coming to China for Adoption"), this notice will
bear the "chops", or red-inked seals, of both Ministries.
The CAO will send an approval letter to prospective adoptive
parents. After receiving the initial approval letter,
prospective adoptive parents may then proceed to travel to the
locality in China where the child is to complete the adoption
process. Parents will not be required to travel to Beijing for
approval. PROSPECTIVE ADOPTIVE PARENTS SHOULD HAVE THIS
APPROVAL NOTICE IN HAND BEFORE DEPARTING FOR CHINA. Local
Chinese Child Welfare Institutes, provincial Chinese Civil
Affairs officials and Chinese notarial offices should not
process adoptions unless they have seen the notice. Thus any
parents already in China without the approval notice will most
likely be required to obtain this approval notice from the CAO
in Beijing before the adoption process can be completed. The
U.S. Embassy in Beijing cautions that since the CAO advance
working group is new, it is likely that interpretations of the
Chinese adoption regulations will be subject to change over
time. We have no indication when the CAO will formally open
and hope to be able to provide this information at a later
date. We will continue to monitor the situation and keep
interested persons informed of developments.
GENERAL PROVISIONS OF PRC ADOPTION LAW:
Only full adoptions completed in China are permitted. It is
not possible to obtain guardianship of a Chinese child for
adoption in the United States.
The China Adoption Law has specific provisions as to what
children are available for adoption and what adoptive parents
are acceptable. These variables are discussed more fully on
pages 10 and 11.
The law differentiates between an abandoned child (with one
or both parents living) and an orphan under Chinese law (both
parents deceased).
The law restricts adoption of healthy abandoned children
with one or both parents living to childless persons 35 years
old or older, and only permits the adoption of one child.
There are exceptions if you are adopting a relative's child.
Persons who are under 35 years old and/or who already have
child(ren) are only permitted to adopt orphans (requiring proof
that both parents are deceased) or handicapped children.
Persons seeking to adopt orphans (requiring proof that both
parents are deceased) or handicapped children are permitted by
Chinese law to adopt more than one such child.
Only children for whom a Chinese adoption notarial
certificate has been issued will be issued a Chinese passport
and exit permit by Chinese authorities and thus be permitted to
leave China.
U.S. immigrant visas can only be issued after a Chinese
adoption notarial certificate has been issued.
TIME FRAME
It is hard to predict with any certainty how much time is
required to complete an adoption in China. Since the China
Adoption Organization (CAO) only begin preliminary operation in
February 1994, there is no track record for how long the
preliminary review and processing of applications and
supporting documentation and identification and matching of a
child by the CAO will take. With regard to the time required,
once initial approval has been granted and adoptive parent(s)
travel to China to finalize an adoption, the CAO has advised
local Welfare Institutes and Civil Affairs Bureaus to try to
complete the process, to the extent possible, within 15 days of
the adoptive parent(s) arrival in China. The Chinese passport,
exit permits and U.S. visa process can take another 7-10 days
after the adoption is finalized. Recent experiences provided
by families who have completed adoptions in China indicate that
they have been able to complete the process, including
obtaining the U.S. immigrant visa for the adoptive child, in
approximately two weeks, an improvement over the previous
situation where some cases took 4-8 weeks to resolve.
ELIGIBILITY: PLEASE NOTE: Adopting parents must assume
personal responsibility for clarifying any questions about
their own eligibility to adopt and the child's eligibility to
be adopted under Chinese law. Adopting parent(s) who them-
selves do not meet the criteria of Chinese law, or who are
attempting to adopt a child who does not meet the definition
of an adoptable child under Chinese law, are condemning
themselves to possible bitter disappointment. The United
States government cannot assist prospective adoptive
parent(s) in any effort to circumvent local law. Moreover,
effective October , 1992, adoptions not clearly approvable
for a U.S. immigrant visa will be referred by the U.S.
Consulate General in Guangzhou to the U.S. Immigration and
Naturalization Service in Hong Kong for review. This may in
some instances lead to denial or delay in approval of the
I-600 U.S. immigrant visa petition for the child, and
issuance of the U.S. visa. Ignorance of Chinese or U.S. law
and mistaken trust in the promises of unscrupulous
intermediaries about ways around the law can only result in
failure to succeed in an adoption.
ADOPTING IN CHINA - GENERAL
CHINESE ADOPTION AUTHORITY
CHINA ADOPTION ORGANIZATION: Effective November 13, 1993,
the China Adoption Organization is responsible for centralized
coordination of adoption of Chinese children by foreigners with
the various Chinese government agencies which play a role in
adoptions. The CAO includes six staff members from three each
from the Ministry of Justice and the Ministry of Civil
Affairs. The CAO's functions include accepting applications
from individuals and foreign (U.S.) licensed adoption agencies,
coordination between foreign adoption agencies and provincial
Children's Welfare Institutes to identify and place a child,
and coordination with foreign adoption agencies for review of
documents necessary for consideration of adoption by provincial
notarial office. It is hoped that the CAO will eliminate many
of the problems which have arisen since the enactment of the
new adoption law on April 1, 1992. There is no address or
telephone number for the CAO at present. Effective February 15,
1994, the advance working group of the CAO was formed.
Applications filed by individuals or agencies should be sent to
the CAO advance working group in care of one of the following
officials:
LIU Nanzheng, Chief, Division of Civil Affairs,
Department of Notarization,
Ministry of Justice
No. 11 Xiaguang Li
San Yuan Qiao
Beijing, China 100016
tel: (86)(1) 467-7144 ext. 276; fax: (86)(1) 466-2687
ZHANG Xiaoquing, Division Chief,
c/o Department of International Cooperation
Ministry of Civil Affairs
No. 147 Beiheyan Street
Beijing, China 100721
tel: (86)(1) 512-1882
OTHER RESPONSIBLE CHINESE AUTHORITIES: Responsibility for the
various procedures necessary to adopt a child in China in
accordance with Chinese law is divided among the following
Chinese government authorities:
CIVIL AFFAIRS BUREAU: China's provincial and county Civil
Affairs Bureaus are formally responsible for orphaned or
abandoned children. The Civil Affairs Bureaus are governed by
the MINISTRY OF CIVIL AFFAIRS, Department of Administration of
Marital Affairs, No. 147 Beiheyan Street, Beijing, 100032
China. Civil Affairs Bureaus in each province and many
counties operate public Children's Welfare Institutes.
CHILDREN'S WELFARE INSTITUTE (SHEHUI FULI JIGOU): Children's
Welfare Institutes are administered by the Ministry of Civil
Affairs through provincial Civil Affairs Bureaus. These are
government operated homes for orphaned or abandoned children.
Children can only be placed in the Welfare Institutes if their
parents have died or abandoned them or if they are handicapped
and their parents are unable to care for them. In cases of
abandoned children, the authorities attempt to locate the
children's parents before allowing them to be adopted from the
Institutes. Handicapped children can be placed in such
Institutes by their natural parents, however and such children
cannot always be considered orphans for the purposes of U.S.
immigration law since this requires irrevocable release of
parental rights.
NOTARIAL OFFICES: The Provincial Notarial Offices, which are
administered by the MINISTRY OF JUSTICE, Department of
Notarization Division of Civil Affairs, No. 11 Xiaguangli, San
Yuan Qiao, Beijing, 100016 China, issue the final adoption
certificate. That process terminates parental rights of the
natural parent(s). Each adoption certificate is accompanied by
a notarial birth certificate for the child and either a
statement explaining the circumstances of abandonment for
abandoned children or notarial death certificates of the
child's parents.
PUBLIC SECURITY BUREAU: The Public Security Bureau in the
locality where the adoption takes place is responsible for
issuing Chinese passports and exit permits to children adopted
by foreigners.
Hospitals: Adopting parents should be aware that under the new
law, it is not permissible for a hospital to release a child
directly to prospective parents for adoption.
AVAILABILITY OF CHILDREN FOR ADOPTION: Only children from a
Children's Welfare Institute are available for adoption. These
children are matched with a prospective adoptive parent(s) by
the CAO through a U.S. licensed adoption agency, whose
credentials have been submitted to the CAO. The U.S. Consulate
General in Guangzhou is the only consular post in China which
issues immigrant visas. Recent immigrant visa statistics
reflect the following pattern for visa issuance to orphans* (as
that term is understood in U.S. immigration law.)
IR-3 Immigrant Visas IR-4 Immigrant Visas
Fiscal Issued to Chinese Issued to Chinese
Year Orphans Adopted Abroad Orphans Adopted in U.S.* Total
FY-1988 11 1 12
FY-1989 16 1 17
FY-1990 29 - 29
FY-1991 60 1 61
FY-1992 196 30 226
FY-1993 298 32 330
FY-1994 650 137 787
CHINESE ADOPTION LAW AND REGULATIONS
The text of the China Adoption Regulations of November 13,
1993, published in the local legal daily newspaper (Fazhi
Ribao) and the China Adoption Law of April 1, 1992, provided by
the Hague Conference on Private International Law, are annexed
to this information flyer.
CHILDREN ELIGIBLE FOR ADOPTION:
The Adoption Law of the People's Republic of China adopted by
the 23rd meeting of the seventh National People's Congress
Standing Committee on December 29, 1991, effective April 1,
1992 provides that, with certain exceptions, children under the
age of 14 in the following categories may be adopted:
"(a) Orphans who lost their parent(s);
"(b) Abandoned children whose natural parents cannot be
found;
"(c) Children whose natural parents are incapable of
providing for them because of unusual hardship."
The Ministry of Civil Affairs and the Ministry of Justice have
advised the American Embassy in Beijing that the above
categories as defined under the new adoption law mean:
a) An orphan** is a child whose parents are deceased.
b) An abandoned child is a child who has been abandoned by the
parents or guardians.
c) A child "whose natural parents are incapable of providing
for them because of unusual hardship" is a handicapped child.
PLEASE NOTE: What Constitutes Handicapped: China Adoption
authorities advise the American Embassy in Beijing that
children are designated as handicapped according to the
criteria of handicapped children approved by the State Council
in October 1986. There are five categories for handicapped
children: defects in vision, hearing and language, mental
deficiency (such as low I.Q. and development),
handicap/impairment of arms and legs, and mental illness. The
determination is made on the basis of "hindrance or loss of
social function". The Ministry of Civil Affairs indicated that
after review and investigation, it may establish additional
criteria for handicapped children. The Embassy has noted
* Under the New Chinese Adoption Law, all adoptions must be
full and final in China. Children can no longer be released by
a parent or guardian for adoption in the United States.
However, under U.S. immigration law, an IR-3 visa can only be
issued to a child who has been fully adopted abroad and whose
adoptive parent(s) have met INS requirements and any state
pre-adoption requirements. If a child has been fully and
finally adopted in China (Chinese notarial certificate issued),
but the adopting parent(s) have not met all U.S. immigration or
state pre-adoption requirements, an IR-4 visa will be issued
and the child must be adopted in the U.S. in order to meet
these U.S. immigration requirements. This is not to suggest
that the Chinese adoption is not full and final and as such
recognized by states in the United States. Rather, adoption in
the U.S. is required in these IR-4 cases because adoptive
parent(s) have not met all the U.S. requirements.
a certain leniency regarding what constitutes handicapped at
the local level in China. If a case comes up for scrutiny at
the central level, more restrictive guidelines are applied.
Economic hardship is not/not a handicap.
Some infirmities which might be considered a handicap in the
United States are not considered to be a handicap in China.
For example, the Embassy is aware of a case involving a child
born with only one ear. The impairment was not considered a
handicap under China's Adoption Law since it could be corrected
by surgery. Prospective adoptive parents should be very clear
in their applications as to whether they are interested in
adopting a handicapped child. The medical report provided by
the CAO should provide specific details about any handicap or
medical abnormality which does not constitute a handicap under
Chinese law. When in doubt about the specificity of
information received, prospective adoptive parent(s) should
feel free to request clarification from Chinese authorities
directly or through their U.S. licensed adoption agency. If at
any time prior to signing the final contract adopting parent(s)
believe that a handicap or medical condition not defined as a
handicap under Chinese law may be more serious than presented
in medical reports, an independent medical examination may be
desirable and should be requested. It is not clear that this
is permitted under Chinese procedures. Lists of physicians are
available from the U.S. embassy or consulates. After the final
adoption contract has been signed and the notarial instrument
issued, revelation of previously undisclosed medical problems
during U.S. visa medical examination by a U.S. embassy or
consulate designated physician should be immediately reported
to the American Embassy/Consulate.
**Please Note: The definition of orphan under Chinese law is
different from the definition of orphan under U.S.
immigration law (INA). Satisfying the requirements of one
country will not necessarily satisfy the requirements of the
other country's law. This is important to understand because
in order to adopt a child and bring that child to the U.S., a
child must be fully and finally adopted under Chinese law
and must meet the requirements of U.S. immigration law.
AGE AND CIVIL STATUS REQUIREMENTS FOR ADOPTIVE PARENT(s):
Sec. PRC Law Adoptive Parent(s) Adoptive Children
Art. 6 Age 35 or older Children Abandoned to
Childless Child Welfare Centers
Adopting Only (Parents cannot be found
One Child or have relinquished
parental rights to Ctr)
Art. 8, para 2 Age 35 or older Restriction on Adopting
Not Childless More Than One Child May
May Adopt More Be Waived When Adopting
Than One Child* Orphans (Parents Dead)
or Handicapped Children
Art. 7 Age 34 or under Restriction on Age of
Not Childless Adopting Parent(s) and
Art. 8, para 2 May Adopt More Restriction on Adopting
Than One Child* More Than One Child May
Be Waived When Adopting
Children Who Are Blood
Relatives of Adopting
Parent(s), Children who
are Orphans (Parents
Dead), or Handicapped
Children
Art. 10 Unmarried All above age
(implied) restrictions, limitation
re number of children
and category of children
apply
Art. 9 Unmarried Male If adopting female child
adoptive parent must be
40 years older than
adoptee
* PLEASE NOTE: Adopting Multiple Children: All requests to
adopt more than one child are given special consideration by
Chinese authorities, processed on a case-by-case basis. In
cases involving the adoption of more than one child to date,
Chinese authorities have looked carefully at the age of other
child(ren) in the home, nature of the handicap involved (if
any), age and health of the adoptive parent(s), adoptive
parent(s)' physical and emotional ability to care for two or
more children and financial ability to raise more than one
child.
RESIDENCE REQUIREMENTS FOR ADOPTIVE PARENT(S):
The adoptive parent(s) must come to China to execute the
required documents in person before the appropriate Chinese
authorities to finalize the adoption. If the adoptor is
married, he or she should adopt the child together with the
spouse (Article 10). In the case of married couples, if only
one adopting parent comes to China, Chinese law requires that
the spouse traveling to China bring a power of attorney* from
his or her spouse which has been notarized and properly
authenticated by the Chinese Embassy or one of the Chinese
Consulates General in the United States (see page 16-19). In
addition to documents required by the Chinese Government, the
American Consulate in Guangzhou advises that if only one parent
is coming to China to adopt, if adopting a child with a
physical or mental disability -- a notarized statement from the
absent parent indicating that they are aware of the child's
disability and intends to finalize the adoption in the United
States as required under U.S. law.
**PLEASE NOTE: POWERS OF ATTORNEY: The U.S. Immigration and
Naturalization Service does not allow the use of powers of
attorney for the purpose of signing the I 600 Petition to
Classify an Orphan as an Immediate Relative. See discussion
on page .
HOW TO BEGIN
Applications for adoption in China must be made by a U.S.
licensed adoption agency whose credentials have been submitted
to the CAO or directly by individuals.
ACTING ON YOUR OWN BEHALF WITHOUT AN ADOPTION AGENCY: You will
need to translate all your communications with the CAO into
Chinese and translate the CAO's communications with you into
English.
SELECTING AN ADOPTION AGENCY OR INTERMEDIARY:
If you chose to employ the services of an adoption agency or
intermediary, it is prudent to take certain basic steps to
confirm the bona fides of the individual or entity with which
you are dealing.
Contact a licensed U.S. adoption agency which establishes to
your satisfaction that it has submitted its credentials to the
CAO.
The Attorney General's Office of your state should be able
to advise you what State Government Agency in your state is
authorized to license adoption agencies. Your state Better
Business Bureau may also be able to advise you whether any
complaints have been filed against a particular adoption agency
or intermediary. Your state bar association may have similar
information regarding attorneys acting in your behalf.
Beware of adoption agencies or intermediaries claiming to be
able to arrange adoptions without applying through the CAO in
Beijing. Adoptions arranged outside the CAO's procedures may
never be finalized and adoptive parents may never be able to
take the children out of China.
The CAO has indicated that it wishes only to deal with
licensed U.S. adoption agencies or intermediaries whose
credentials have been submitted to the CAO. The CAO will also
accept applications directly from individuals.
**PLEASE NOTE: WORKING WITH ADOPTION AGENCIES/CONTACTS:
Obtain an explanation of fees and services. Before paying
exorbitant fees to agencies or their alleged intermediaries
in China, consult the U.S. embassy/consulates. Assume that
promises of streamlining procedures are untrue. If the
agency employs an expediter to meet, transport and act as
interpreter for adopting parents in China, be wary of fees
not previously mentioned. Moreover, some agencies claim to
have contacts in China to otherwise facilitate adoptions,
outside official channels. Private adoption facilitators are
prohibited under Chinese law. Use of such persons could
result in failure to adopt a child. The American Consulate
General in Guangzhou has advised some U.S. licensed adoption
agencies of activities of so-called facilitators contrary to
Chinese law and U.S. immigration procedures making it
impossible for a U.S. visa to be issued without referral of
the case to INS as "not clearly approvable".
AGENCIES SUBMITTING CREDENTIALS TO CAO:
The Department of State and the U.S. Embassy and Consulates in
China cannot assist U.S. licensed adoption agencies in
submitting credentials to the CAO. Adoption agencies wishing
to submit credentials may contact the CAO directly. Agencies
in states with no laws or regulations on adoption or no
licensing requirements may not be eligible for submitting
applications for adoptions to the CAO. Questions concerning
eligibility must be made directly by agencies or intermediaries
to the CAO.
INTERMEDIARIES/FACILITATORS: It is not clear whether the CAO
will accept applications by non-licensed facilitators. Such
questions must be raised directly with the CAO.
THE ADOPTION APPLICATION:
An individual or agency may submit applications for adoption
of a Chinese child directly to the CAO for consideration.
Included with the application will be all documents enumerated
below. In addition, indicate any preference for a healthy or
handicapped child, age and sex of the child and, if desired,
indicate a specific Welfare Institute or geographic area of
China in which you are interested. There is no guarantee that
you will be assigned to a particular Welfare Institute or
geographic area of China.
The CAO will review the documents and advise the prospective
adoptive parent(s) directly or through their U.S. licensed
adoption agency, whether additional documents or authentication
is required.
CHINESE DOCUMENTARY REQUIREMENTS
Pursuant to Article 20 of the PRC adoption law, a foreigner
interested in adopting a Chinese child must furnish proof of
age, marital status, occupation, financial status, health
condition and police record. It is advisable to bring several
copies of the authenticated documentation with you to China in
addition to the package of documents forwarded by your adoption
agency to the CAO for approval. Authentication means that the
documents must bear the seal of the Embassy or Consulate of
China in the U.S. in order to be acceptable in China. This
requires a chain of certificates. See pages 18-20.
CAUTION; BE CAREFUL ABOUT DOCUMENT PREPARATION, TRANSLATIONS
AND AUTHENTICATION - SKIPPING STEPS MAY RESULT IN FAILURE:
A word of caution regarding these documents. Please note
that documents prepared by prospective adoptive parent(s) in
support of an adoption in China should not be prepared
hastily or with insufficient attention to detail. Many of
the documents seen by the American Embassy and the Consulate
General in Guangzhou have been poorly prepared. Some of the
documents were disassembled (the brad or grommet removed
after the document had been authenticated by Chinese
consular authorities in the U.S.), and documents were added
or removed. Such action invalidates the authentication and
the documents will be rejected by Chinese authorities and may
not be acceptable for U.S. immigrant visa purposes as well.
Shortcuts to attempt to save the cost of authenticating and
translating each document will only result in more expenses
or failure to adopt.
What Documents are Required:
Certified and authenticated copies of the adoptive
parent(s)' birth certificate(s).
Certified and authenticated copy of the adoptive parent(s)'
marriage certificate (if applicable) and proof of termination
of any previous marriage (certified copy of spouse's death
certificate of divorce decree).
Medical certificate(s) for adoptive parent(s) executed by
physician before a notary public and authenticated.
Statement that adoptive parent(s) is/are childless and have
not adopted other children (notarized and authenticated).
A medical certificate of infertility, if that condition
exists (executed by a physician before a notary public and
authenticated). (Note: Infertility is no longer a requirement
for adoption in China.)
A certificate of good conduct for the adoptive parent(s)
from a local police department notarized or bearing police
department seal and authenticated. An FBI report is acceptable
in lieu of a local police record. This is separate from the
FBI check conducted by INS as part of the petition process.
You can request an FBI record check by sending two sets of
fingerprints, a $17.00 money order, your full name, date and
place of birth, social security number and letter of request
explaining purpose for the clearance to: FBI ID Division, Room
10104, Washington, D.C. 20537-9700. The FBI certificate
should also be authenticated as explained below.
Verification of employment and salary notarized and
authenticated.
Two letters of reference notarized and authenticated.
A certified and authenticated copy of your property trust
deeds, if applicable.
A home study prepared by an authorized and licensed social
agency certified and authenticated.
Bank statements notarized/certified and authenticated.
Power of attorney (if only one spouse will travel to China)
notarized and authenticated.
Family letter of intent to adopt, describing child adoptive
parent(s) is/are willing to adopt (being mindful of Chinese law
regarding eligible children) notarized and authenticated.
Power of Attorney. In the case of married couples, if only
one adopting parent comes to China, Chinese law requires that
the spouse traveling to China bring a power of attorney from
his or her spouse which has been notarized and properly
authenticated by the Chinese Embassy or one of the Chinese
Consulates General in the United States (see pages 16-19). But
see notes on pages 10 and 26 on the use of powers of attorney
which are not acceptable to INS.
Translation Requirements:
All documents prepared for transmission to Chinese adoption
authorities must be accompanied by a certified Chinese
translation. The translator must execute a statement before a
notary public as to the validity of the translation. The
notary's seal must then be authenticated as explained below.
Authentication Requirements:
All foreign (U.S.) documents must be authenticated for use in
China. Keep in mind that the purpose of having documents
authenticated is to verify their contents and validity of the
issuing authority. Some documents have been rejected because
the seals they bore did not serve that purpose. For example,
if the translator's affidavit only confirms the identity and
signature of the translator, but does not attest to the
validity of the translation, this is insufficient under Chinese
law. Likewise, a notary public in one state cannot legally
certify the contents of a civil document, such as a birth or
marriage record issued in another state. A notarized certified
true copy is not an authenticated copy of a civil record. A
certified copy must be obtained from the bureau of vital
statistics which maintains the original record. A summary of
the authentication process is provided in the following chart
and narrative on pages 16-19.
AUTHENTICATION CHART
Affidavits, Powers of Attorney, Deeds ...
NOTARY ... CLERK OF COUNTY COURT ...STATE SECRETARY
PUBLIC WHERE NOTARY LICENSED OF STATE
U.S. DEPARTMENT OF STATE .... CHINESE EMBASSY OR
AUTHENTICATIONS OFFICE CONSULATE IN U.S.
District of Columbia ....
NOTARY ... DISTRICT BUILDING ...
PUBLIC 717 14th St NW Rm 230
U.S. DEPARTMENT OF STATE .... CHINESE EMBASSY OR
AUTHENTICATIONS OFFICE CONSULATE IN U.S.
Documents from State Agencies (Birth, Death, Marriage
Certificates, State Court
Documents)
STATE STATE SECRETARY U.S. DEPARTMENT OF STATE
AGENCY OR .. OF STATE .. AUTHENTICATIONS OFFICE .
COURT
... CHINESE EMBASSY OR
CONSULATE IN U.S.
Documents from Federal Agencies or Departments ...
FEDERAL ... U.S. DEPARTMENT OF STATE ..CHINESE EMBASSY
AGENCY AUTHENTICATIONS OFFICE OR CONSULATE
Documents issued in Federal Court ...
FEDERAL .. DEPARTMENT OF JUSTICE ...
COURT JUSTICE MANAGEMENT
. SECURITY PROGRAM STAFF
ROOM 6521 Main Justice
Washington, D.C. 20530
U.S. DEPARTMENT OF STATE ... CHINESE EMBASSY OR
AUTHENTICATIONS OFFICE CONSULATE IN U.S.
Authentication Summary:
Generally, U.S. civil records, such as birth, death, and
marriage certificates must bear the seal of the issuing office,
then be authenticated by the state Secretary of State in your
state capital, then by the U.S. Department of State
Authentications Office, then by the Chinese Embassy or
Consulate in the United States.
Check with the Chinese Consulate in the U.S. with
jurisdiction over your state to see what seals and signatures
the Consulate can authenticate. It may be possible to
eliminate some of the authentication steps if the Consulate has
the seal of the local issuing authority on file.
Tax returns, medical reports and police clearances should
likewise be authenticated, beginning with the seal of a notary
public in the United States or some appropriate issuing
office. The notary's seal should be authenticated by the clerk
of court of the county where the notary is licensed or some
similar authority. The document should then be authenticated
by the state Secretary of State (in your state capital), the
U.S. Department of State Authentications Office, and the
Chinese Embassy or Consulate.
The U.S. Department of State Authentications Office is
located at 2400 M Street, N.W., Room 101, Washington, D.C.
20520, tel: (202) 647-5002. Walk-in service is available
8 a.m. to 12 noon Monday-Friday, except holidays. The
Department charges $4.00 per document for this service, payable
in the form of a check drawn on a U.S. bank or money order made
payable to the Department of State.
Special Instructions For Persons Born or Married in Third
Countries: Individuals who were born or married in third
countries should have their birth or marriage certificates
authenticated by the issuing authorities, and then
authenticated by the American Embassy in the country in which
the birth or marriage took place for a fee of $10.00 per
document payable to the American Embassy. Such documents must
then be authenticated by the Chinese Embassy or Consulate in
that country if one exists. If not, the document bearing the
seal of the American Embassy must be forwarded to the U.S.
Department of State Authentications Office for authentication
of the American Embassy's seal for a fee of $4.00 payable to
the Department of State. It will then be necessary to obtain
the seal of the Embassy of China in Washington, D.C.
Individuals born abroad who acquired U.S. citizenship at birth
and whose parents applied for Foreign Service Reports of Birth
for them at the American Embassy or Consulate may obtain a
Certification of Birth Abroad by contacting the U.S. Department
of State, Office of Passport Services, Correspondence Branch,
1425 K Street, Room 386, N.W., Washington, D.C. 20522-1705,
tel: (202) 647-0518. There is a fee of $10.00 payable to the
Department of State for this service. This document would then
have to be authenticated by the Chinese Embassy or Consulate.
ADDRESSES OF CHINESE EMBASSY AND CONSULATES IN THE U.S.
Embassy of the People's Republic of China
Consular Section
2300 Connecticut Avenue, N.W.
Washington, D.C. 20008 tel: (202) 328-2500
Consulate General of the People's Republic of China
Consular Section
501 Shatto Place
Los Angeles, CA 90020 tel: (213) 380-3105
Consulate General of the People's Republic of China
Consular Section
1450 Laguna St.
San Francisco, CA 94115 tel: (415) 563-4885
Consulate General of the People's Republic of China
Consular Section
104 S. Michigan Avenue
Suites 425, 408, 815, 820 and 900
Chicago, Illinois 60603 tel: (312) 346-0287
Consulate General of the People's Republic of China
Consular Section
520 12th Avenue
New York, New York 10036 tel: (212) 279-4275
Consulate General of the People's Republic of China
Consular Section
3417 Montrose Blvd
Houston, TX 77006 tel: (713) 524-0780
IDENTIFYING A CHILD:
The CAO will then forward the file to a provincial Civil
Affairs Bureau with instructions to locate an appropriate child
for adoption.
Once a child is identified, the CAO will send a letter of
introduction about the child, photographs and a health record
of the child through the U.S. adoption agency to the
prospective adoptive parent(s). Questions about the child not
answered in the material provided by the Chinese authorities
may be relayed through your U.S. licensed adoption agency or by
you directly to the CAO.
FINALIZING THE ADOPTION IN CHINA
Traveling to China to Complete the Process:
(NOTE: it is very important to contact the U.S. Immigration
and Naturalization Service early in the process, before
proceeding to China, to ensure that it will be possible to
issue a visa to the child.)
After the CAO has advised you or your U.S. adoption agency in
writing that your application is initially accepted for
adoption of a specified child. You will then respond either
directly or through your adoption agency that you are
interested in finalizing an adoption of the specified child.
You will then receive a formal notice from the CAO either
directly or through your adoption agency to proceed to China.
You may then proceed directly to the city in China where the
Civil Affairs Bureau with jurisdiction over the Children's
Welfare Institute where the child is located. Thereafter a
series of interviews of prospective adoptive parent(s) will
occur, a contract will be signed with the Children's Welfare
Institute, registered with the Civil Affairs Bureau, and
notarial adoption decree will be issued.
Prior to traveling abroad contact the U.S. Department of State
Citizens Emergency Center to determine whether there is an
outstanding travel advisory and review the current consular
information sheet concerning conditions in China.
Meeting the Child: A Note About Medical Concerns
Prospective adoptive parents may request to see the child
before completing the adoption. This may or may not be
possible under Chinese procedures. Any remaining questions
concerning the child's state of health or personal background
after seeing the child should be addressed before completing
the adoption. Prospective adoptive parents may wish to have
the child examined by a physician on the U.S. Embassy or
Consulate's list of physicians before finalizing the adoption.
It will probably not be possible under Chinese procedures for
the prospective adoptive parents to take the child to a
hospital in a city distant from the child's location for
examination. Before the adoption is finalized, the prospective
adoptive parents have no legal custody or guardianship of the
child, and thus may not be allowed by Chinese authorities to
take the child anywhere.
What is the Process Before the Children's Welfare Institute and
the Provincial Notarial Office Like?
The Interview(s)
Americans adopting in China commonly meet with a notary in the
provincial capital for an informal interview. A translator
supplied by the Child Welfare Institute is usually present.
Meetings are held in the notary's office, while seated in
chairs or on a couch, not in a courtroom like setting. The
notary is dressed in typical Chinese business attire - white
shirt and dark slacks. Common questions asked of the
prospective adoptive parent(s) include: Why are you adopting a
Chinese child? Do you have any children now (either adopted or
natural)? What is your family background? Why do you not have
children? How can you assure us that the adopted child will be
well treated?
In some cases a second interview at a registry office, also
informal, is conducted. Sometimes the prospective adoptive
parent(s) are asked to write a paragraph or a page on the
reasons for the adoption and their plans for the child.
The local notary, in the city where the Children's Welfare
Institute is located, at times meeting the parent(s) at the
Welfare Institute, conducts a final interview in which
questions similar to those posed at the provincial level are
asked. Notaries meeting prospective adoptive parent(s) outside
the notarial offices may wear a blue uniform and conduct a very
business-like enquiry. Otherwise, the interviews appear
relaxed and pro-forma. Parents recently going through the
process were told that Beijing approval had been sought and
obtained for their adoptions, in accordance with the procedures
of the CAO.
Applying for the Chinese Passport for the Child:
Welfare Institute officials apply for the child's passport and
exit permit in the provincial capital. The adopting parent(s)
rarely have had to take care of the paperwork or visit the
Ministry of Justice offices in this regard. For a stated fee,
the local Public Security Bureau will normally expedite Chinese
passport issuance.
Signing the Adoption Contract:
After all the interviews, the actual adoption and completion of
the contract (including making of the fixed "donation" to the
Children's Welfare Institute) take place.
Prospective adoptive parents will be requested to sign an
adoption agreement/contract with the Welfare Institute, then
register the adoption at the provincial Civil Affairs Bureau,
pay requisite Chinese fees and obtain a Chinese passport and
exit permit for the child.
The adoption process includes signing an agreement with the
person or institution putting up the child for adoption,
registering in person with the Chinese Civil Affairs Bureau and
carrying out the notarial procedures at the designated Chinese
notarial office. When the Notarial Office in the child's place
of residence approves the adoption, that office issues a
notarial certificate of adoption, a notarial birth certificate
and either notarial death certificate(s) for the child's
parent(s) or a statement of abandonment from the Welfare
Institute. The adoptive relationship goes into effect on the
day of the notarization.
Problems: Relinquishment of an Adopted Child After an Adoption
is Final
Once an adoption is final, the adoptive parents are responsible
for the child. If the adoptive parents change their minds
about the adoption after it is final, but before removing the
child from China, the child may no longer be considered an
orphan by Chinese authorities. As such, the child may not be
eligible for medical service or educational benefits in China
unless the adoptive parents formally notify the CAO that they
are relinquishing the child in a notarized statement,
authenticated by the Chinese Embassy or consulate in the United
States. It should also be noted that such action may impede
future adoption in China by the particular adoptive parents.
Obtaining Translations and Extra Copies of Documents:
Three notarial documents, in English and Chinese should be
obtained by adopting parents before they come to the American
Consulate General in Guangzhou: (a) birth certificate; (b)
statement of abandonment/circumstances under which the child
was delivered to the welfare institute; and (c) the adoption
decree. As previously stated, these documents should be
translated into English for U.S. immigration purposes. The
Notarial Office will normally translate documents, but will
usually charge an additional fee for the service. It is
advisable for adoptive parent(s) to obtain any additional
copies for their own personal records at this time, since it
may be cumbersome to obtain certified copies at a later date.
To avoid problems, lengthy delays and possible non-approval of
the U.S. I-600 immigrant visa petition, adopting parents should
ensure this certificate and any other required documentation
(such as death certificates if one or both of the child's
parents are dead) has been issued by the Notarial Office.
Proof of Abandonment of Infant Under Six Months Old:
It should be noted that internal guidelines of the Civil
Affairs Bureau provide if an infant is under age six months and
has been abandoned to a Children's Welfare Institute, the
Ministry reportedly requires that the child remain in the
Institute for two months while a thorough search is carried out
for the natural parents. If no one is found within two months,
then the child may be released for adoption.
CHINESE FEES:
Fees charged by Chinese authorities in connection with foreign
adoptions may vary widely. There are of course standard fees
for authentication/legalization of documents by the Chinese
Embassy or Consulate in the United States ($10.00 per document
(a document may be a single page or multipaged, the fee is for
authentication of the seal)); fees for the issuance by the
Civil Affairs Bureau of the registration of the adoption (U.S.
$130.00); fees for issuance of the Chinese notarial certificate
approving the adoption (this fee varies on a case by case
basis. In addition to the fee for the adoption itself, there
are fees for death certificates and for any investigation the
Notarial Office may conduct to verify the child's status and
eligibility for adoption) and fees for the Chinese passport
(100 FEC for normal 10 day issuance. An additional fee of 100
FEC is charged for expedited issuance). After consultation
with local price control administration authorities and local
financial departments, individual Children's Welfare Institutes
may charge from U.S. $3000 to $5000 as a combined donation to
the institution and a fee for having raised and cared for the
child prior to the adoption. Fees are handled by local
officials outside of the Children's Welfare Institute and are
largely based on real expenses in raising and caring for the
child while in the Institute. The American Consulate General
at Guangzhou advises that extra charges of up to $500 for
transportation or expedited processing of documents have also
been reported. Adoptive parents should keep the U.S. Embassy
and Consulate General apprised of any exorbitant fees.
ADOPTIONS NOT IN FULL COMPLIANCE WITH CHINESE LAW:
Several Children's Welfare Institutes, contrary to the
requirements of the new law, have also applied a looser
definition of orphan to include any child who happened to
reside within a Welfare Institute and have released abandoned
children to adoptive parent(s) who only qualified to adopt
orphans or handicapped children (that is, persons who were
under age 35, who were not childless or who had already adopted
or wished to adopt more than one child). The families who
received such children from a Welfare Institute or other source
were confronted with the realization that Chinese authorities
could not approve the adoptions since they did not comply with
Chinese law. In order to avoid such difficulties and to ensure
that an adoption goes smoothly, adoptive parent(s) who are
under 35 or who already have a child/children (either a natural
child or an adopted child) and are not adopting a handicapped
child must be prepared for the problems which predictably will
confront them. Even if a local notarial adoption decree is
issued for an adoption not in full compliance with Chinese law,
the CAO advises that such adoptions are not valid and should be
reported to the CAO for review and investigation. As
previously noted, effective October 1, 1992, adoptions not
clearly approvable for a U.S. immigrant visa will be referred
by the U.S. Consulate General in Guangzhou to the U.S.
Immigration and Naturalization Service in Hong Kong for
review. This may in some instances lead to denial or delay in
approval of the I-600 and issuance of the U.S. visa.
U.S. IMMIGRATION REQUIREMENTS
Orphans adopted abroad who have been in the custody of the
adoptive parents less than two years require orphan petitions
for U.S. immigrant visa processing to enter the United States.
Get Started Early With U.S. Immigration Procedure:
Prospective adoptive parents should be aware that certain very
time consuming processes will have to be completed before the
required U.S. Immigration petition (either the preliminary
I-600A, Application for Advance Processing of Orphan Petition
or the final I-600, Petition to Classify Orphan as an Immediate
Relative) can be approved. These include, but are not limited
to satisfactory completion and submission to INS of a home
study of the adopting parent(s), compliance with any state
pre-adoption conditions and a fingerprint check by the FBI of
those parent(s). After the I-600A application is processed
favorably, INS will issue a Form I-171H, Notice of Favorable
Determination Concerning Application for Advanced Processing of
Orphan Petition. If no I-600A is filed, when the I-600
petition is approved by INS, INS will issue Form I-171, Notice
of Approval of Relative Immigrant Visa Petition. It is
therefore suggested that prospective adopting parents get in
touch with the INS office having jurisdiction over their place
or residence in the U.S. at the earliest opportunity prior to
initiating an adoption application with the CAO or traveling to
China.
Understanding the Process:
Unconditional Abandonment and Meeting the Definition of Orphan:
U.S. law provides for the immigration of orphans adopted
overseas by Americans under section 101(B)(1)(F) of the
Immigration and Nationality Act.
Definition of Orphan Under U.S. INA: Under U.S. immigration
law, the definition of orphan is broader than the common
definition. A foreign child may be considered an orphan for
the purposes of U.S. immigration law if his/her parents have
died or disappeared; if they have unconditionally abandoned or
deserted him/her; or if he/she is separated or lost from them.
Normally, abandonment involves permanent placement of the child
in an orphanage. The law states that an eligible child must be
under the age of sixteen at the time the immigrant visa
petition is filed. A child with two living parents can meet
the definition of an orphan only through the disappearance of,
abandonment or desertion by or separation or loss from both
parents.
Unconditional Abandonment: As noted above, abandonment of a
child must be unconditional. Agreeing to give a child up for
adoption by a specific person does not constitute unconditional
abandonment, since the parents are giving up custody with the
understanding that the child will be cared for and will be
adopted by a particular individual, and thus continue to
maintain some degree of parental control over the child.
The Board of Immigration Appeals of the U.S. Immigration and
Naturalization Service (INS) has ruled that a child with one
surviving parent who has not been abandoned may qualify for
orphan status only if the sole surviving parent is destitute
by local standards or is otherwise physically or mentally
unable to care for the child. This means that the child
may not be classified as an orphan unless the sole or surviving
parent cannot provide the child the nourishment and shelter
necessary for subsistence consistent with the local standards
of the child's place of residence. The parent must also
irrevocably release the child for emigration and adoption and
must not continue to maintain contact with the child. In cases
of this kind, INS usually requires consular officers to
investigate the parent's inability to care for the child.
WORKING WITH THE U.S. CONSULATE ON THE VISA
Consular Authority to Approve a Case:
Under the U.S. Immigration and Nationality Act (INA), consular
officers can only adjudicate clearly approvable I-600
petitions. Cases involving relinquishment of parental rights
by a sole or surviving parent are not considered to be clearly
approvable in China and all such cases must be referred to INS
for adjudication. If there are any questions regarding the
eligibility for orphan status or whether petition conditions
have been met, consular officers must refer these petitions to
the nearest INS office, in Hong Kong. When an orphan petition
(I-600) is sent to an American embassy or consulate for
possible issuance of an immigrant visa (Form OF-230) to the
child or when an orphan petition is filed at an American
embassy or consulate, a consular officer does an overseas
orphan investigation as part of the normal processing. This is
usually done very quickly. However, the investigation and visa
processing can sometimes be lengthy, especially when adoptive
parents employ irregular practices to adopt a child, making the
petition "not clearly approvable". INS Form I-604, Request for
and Report on Overseas Orphan Investigation is used by INS and
consular officers.
Filing the I-600 Petition - Taking the Child to the U.S.:
When the Chinese notarial formalities are completed, the INS
Petition to Classify an Orphan as an Immediate Relative (I-600)
may be filed for the child at the U.S. Embassy in Beijing or
any one of the U.S. Consulates General for forwarding to the
Consulate General in Guangzhou, or any INS office. While all
U.S. Foreign Service posts in China may adjudicate I-600 forms,
it is advisable to do so in Guangzhou. It is generally much
faster for those adopting parents who wish to return to the
U.S. immediately with the child to file the petition at the
Consulate General in Guangzhou. Since all immigrant visas in
China are issued at Consulate General in Guangzhou, petitions
filed at other posts will be sent to Guangzhou. If the
petition if filed at the Embassy or a Consulate General in
China, the petitioner (or at least one of the members of a
married adoptive couple) and the child must be physically
present in the consular district. The I-600 is filed by one
person, but if the petitioner is married, the petitioner's
spouse must also sign the petition. Both parties must sign the
I-600 after the child has been identified. This means that if
one party has already gone abroad to arrange the adoption, the
I-600 must be sent by the spouse abroad to the spouse in the
United States (generally by express courier) with the child's
identity information completed. The original signature of both
spouses must appear, reflecting their informed concurrence in
the process. If the petitioner is married and his or her
spouse has not seen the child before or during the adoption
proceedings, then the child must be readopted in the U.S. To
do this, the petitioner must show he or she has met state
pre-adoption requirements. INS makes this determination at the
time the I-600A is filed or it must be established that
pre-adoption requirements have been met at the time of filing
the I-600 at the embassy or consulate.
If the INS has already approved an I-600A advanced processing
petition, the I-600 petition may be filed and adjudicated at
the embassy or consulate to which the I-600A was sent. If
advanced approval has not yet been granted, the I-600 petition
must be forwarded to the INS for adjudication. If so, as noted
above, a home study and fingerprinting of parent(s) and any
state preadoption requirements will be necessary, perhaps
requiring several months to complete.
Scheduling Appointment With U.S. Consular Officer:
It is advisable to contact the U.S. Consulate General in
Guangzhou at least three working days in advance to check that
the documents are in order and to set an appointment for the
immigrant visa interview. The adoptive parent(s) should not
contact the U.S. Consulate General to arrange an appointment
for the U.S. visa interview until they are nearing the end of
or have completed the adoption process in China. These
interviews are scheduled beginning at 9:00 a.m. Mondays through
Fridays. A parent or parents proceeding to China to complete
the adoption process should plan on at least four days in
Guangzhou to allow the U.S. Consulate General there to process
the immigrant visa for the child. The increasing number of
families have made it difficult to obtain same-day interview
and visa issuance. The Consulate General cannot guarantee
issuance of the visa in advance of the interview.
What Documents to Bring With You to U.S. Consulate:
For the immigrant visa application the child will need a valid
PRC passport and exit permit, a medical examination, two 1 3/4
inch color visa photos, and the Chinese notarial
documentation. The child must be present at the Consulate
General in Guangzhou for the immigrant visa application
process. The medical examination must be performed by a
physician from an approved list of physicians using a specified
form provided by the American Embassy or Consulate. The
medical examination can be performed in Beijing, Shanghai,
Guangzhou or Taishan. The most convenient site for medical
examinations in Guangzhou is the Guangzhou Health and
Quarantine Service, a modest walk from the Consulate at 33
Shamian North Road, telephone: 888-9513). This facility is
open for medical exams from 8 a.m. - 10:30 a.m. and 2:00 p.m. -
3:30 p.m. every day, except Chinese New Year - January 23 in
1993). Unless special circumstances, such as a physical
handicap, indicate the child's care will be particularly
costly, the adopting parents will not be required to provide
further proof of their financial situation, as this information
will have already been provided at the time of petition (I-600A
or I-600) approval.
Note About Additional Documentation Requirements: Since each
case is different, it is possible that the Embassy or Consulate
will request additional documents after a preliminary review of
the application of the prospective adoptive parent(s). For
example, if the minor has a physical or mental disability and
only one adoptive parent (in the case of married couples) is
present in China, a notarized statement will be required from
the absent prospective adoptive parent in the United States
indicating that they are fully aware of the physical or mental
disability of the minor and in spite of that fact that they
have the intention of finalizing the adoption. This statement
can be included in item 19 of form I-600 and also in the home
study if more convenient. In that case a separate notarized
statement will not be required.
Married Couples: When Both Spouses Have Not Seen The Child:
In cases where the minor has not been seen or observed in
person by both prospective adoptive parents (in the case of
married couples), a notarized statement by the absent parent
will be required indicating that although they have not seen or
observed the minor in person, they are nevertheless willing to
adopt or re-adopt the minor in the United States. In the case
of a minor taken to the United States by a third party, for
example a legal representative or social assistant of an
adoption agency or other entity, a notarized statement will be
required authorizing that person to take the minor the United
States with the purpose of placing him/her with the prospective
adoptive parent(s). However, this procedure may not be
acceptable to Chinese authorities. See note below. This
statement can also be included in the local authority's
authorization for the child to leave China. Consequently, even
if an agent is physically accompanying the child to the U.S.,
the petition itself must be signed by the adoptive parent(s),
after the child has been identified.
NOTE ABOUT POWERS OF ATTORNEY: There are no provisions in
INS regulations for approving petitions signed by agents with
powers of attorney. Moreover, since Chinese authorities
require that at least one prospective adoptive parent come to
China, it is not clear whether it would ever be acceptable to
Chinese authorities for a third party to take the child out
of the country (for example in the case of sudden illness of
the prospective adoptive parent in China requiring departure
or evacuation before the adoption is finalized. Several
adoption agencies doing business in China have told their
clients that a power of attorney is sufficient for filing of
an I 600 petition; in other cases the spouse has signed the
petition before the identity of the child is known and
complete. In all such cases the U.S. Consulate General in
Guangzhou could not approve the immigrant visa petition due
to these errors made by adopting parents on mistaken advice
from U.S. adoption agencies.
U.S. IMMIGRATION CHECKLIST
The Immigration and Naturalization Service pamphlet entitled
"The Immigration of Adopted and Prospective Adoptive Children"
(M-249Y, Revised, 1990) includes a checklist on orphan petition
procedures. That checklist is annexed to this information
flyer for the convenience of prospective adoptive parents to
help in tracking the immigration requirements.
U.S. FEES:
INS Fees for I-600 and I-600A Petitions: There is an INS fee
of $140.00 for an I-600 or I-600A petition. If you have a
valid I-600A and file an I-600 within one year of the approval
of the I-600A, no fee will be charged for the I-600 provided
you are only petitioning for one child or for siblings. If you
have a valid I-600A and within one year of approval of the
I-600A are petitioning for more than one child and the children
are not siblings, the I-600 fee will be charged for each child
after the first child except for the first child.
U.S. State Department authentication fee: If you are having
documents authenticated by the Department of State
Authentication Office, there is a fee of $4.00 per document.
Medical Examination Fee:
The adopted child must have a medical examination performed by
one of the U.S. Embassy or Consulate's panel physicians before
the immigrant visa can be issued. The cost of this medical
examination is approximately U.S. $12.00 and must be borne by
the adoptive parent(s).
U.S. Immigrant Visa Fee: The fee for the immigrant visa is
$200.00 and may be paid either in U.S. dollars, Foreign
Exchange Certificates (FEC) or Renminbi. This $200.00 does not
include medical examinations, costs of documents, the petition,
etc. The American Consulate does not accept personal checks or
credit cards.
Authentication of Documents by U.S. Embassy or Consulates: If
you are having documents authenticated by a consular officer at
a U.S. embassy or consulate, there is a fee of $10.00 per
document.
ADDITIONAL INFORMATION:
Prospective adopting parents should consult INS publication No.
M-249, "The Immigration of Adopted and Prospective Adoptive
Children" and the Department of State information flyer
"International Adoptions". The State Department flyer is
available by contacting the Office of Citizens Consular
Services or by using our autofax system. To access the autofax
system, use the phone on your fax machine and dial (202)
647-3000 using the keys on the fax phone, not the fax keyboard
itself. Follow the prompts and request document 1023,
International Adoptions.
AMERICAN EMBASSY/CONSULATE GENERAL ASSISTANCE
Upon arrival in China, prospective adoptive parent(s) should
register at the Consular Section, American Citizens Services
Section of the American Embassy or Consulate General. The
Embassy/Consulate General will be able to provide information
about any outstanding travel advisories, any recent changes in
adoption procedures and to provide other information about
China including lists of physicians, attorneys, interpreters
and translators.
ADDRESSES OF U.S. EMBASSY AND CONSULATES IN CHINA
Street Address Mailing Address
U.S. Embassy U.S. Embassy Beijing
American Citizen Services American Citizen Services
2 Xiu Shui Dong Jie PSC 461, Box 50
Beijing 100600, PRC FPO AP 96521-0002
tel: (86)(1) 532-3831 ext. 229 fax: (86)(1) 532-2483
U.S. Consulate General U.S. Consulate General Guangzhou
American Citizen Services American Citizen Services
1 South Shamian Street PSC 461, Box 100
Shamian Island FPO AP 96521-0002
Guangzhou 20031, PRC
tel: (86)(20) 888-2222 fax: (86)(20) 886-2341
U.S. Consulate General U.S. Consulate General Shanghai
American Citizen Services American Citizen Services
1469 Huai Hai Middle Road PSC 461, Box 200
Shanghai, PRC FPO AP 96521-0002
tel: (86)(21) 433-6880 fax: (86)(21) 433-4122
U.S. Consulate General U.S. Consulate General Shenyang
American Citizen Services American Citizen Services
40 Lane 4, Section 5 PSC 461, Box 45
Sanjing Street FPO AP 96521-0002
Shenyang,
Heping District, PRC
tel: (86)(24) 220-000 fax: (86)(24) 220-074
U.S. Consulate General U.S. Consulate General Chengdu
American Citizen Services American Citizen Services
Jinjiang Hotel PSC 461, Box 85
180 Renmin Road FPO AP 96521-0002
Chengdu, Sichuan, PRC
tel: (86)(28) 58222, ext. 131 fax: (86)(28) 583-520, 583-792
HOTELS IN GUANGZHOU, CHINA
U.S. citizens traveling to China to complete adoptions will
ultimately have to stay over a brief period of time in
Guangzhou for the U.S. immigrant visa process. Several U.S.
citizens interested in adoption in China have asked questions
concerning inexpensive housing, both in the city where the
child is located and in Guangzhou. Your adoption agency or
travel agent may be in the best position to assist you in this
regard.
Hotel costs in China vary. Beijing, for example, has several
classes of hotels -- 5 star very expensive; middle range
Western style hotels ($90 - $120 per night); middle range
Chinese hotels ($50-$70) and inexpensive Chinese hotels.
Several middle range western-style hotels have offered
discounts to adoption agencies if they agree to send their
adoptive families there -- as much as a $40 a day discount.
Inexpensive Chinese style hotels may not include amenities
which an American might consider essential. Other inexpensive
housing accommodations (other than hotels) may likewise be very
different from what most Americans may be accustomed to, and
therefore you may not find them suitable for your needs,
especially with a new baby or toddler.
There are a number of suitable hotels where you can stay in
Guangzhou. The following three hotels are all located on
Shamian Island within walking distance of the U.S. Consulate
General. The Department of State and the Consulate do not
assume any responsibility for the quality of service provided
and do not specifically recommend any particular hotel.
The daily rates for double rooms as of October 8, 1992 are
provided below:
--White Swan Hotel --Victory Hotel
1 Shamian South Street 54 Shamian Main Street
Tel.: 888-6968 Tel.: 886-2622
$100 plus 20% FEC 138-175, including
service/subway charge. service.
During Trade Fair: During Trade Fair:
$200 plus 20% FEC 228-287, plus 15%
service/subway charge. service charge.
--Pearl Hotel
50 Shamian South Street
Tel.: 888-9238
FEC 133-177
During Trade Fair: 30% higher
WHAT TO BRING FOR YOUR NEW BABY
Since it is difficult to predict how long it may be necessary
for you to remain in China with your adopted child, you may
want to consider what articles you might want to bring with
you. There are small grocery and sundry stores in major hotels
in China. Nevertheless, you should be aware that not all
western style baby products are readily available in China.
You may wish to consider bringing certain items with you.
These might include:
- Plastic or cloth baby carrier
- Bottle nipples
- Disposable paper diapers
- Baby wipes
- Baby blankets
- Infant wear
- Thermos bottle, for hot water to prepare dry formula
-Milk bottles (plastic, glass, and disposable)
- Disposable plastic bags for milk bottles
DOCTORS: The U.S. Embassy in Beijing and the Consulates
General all maintain current lists of doctors and sources for
some western medicines, should either you or your child
encounter health problems while still in China.
INTERPRETERS/TRANSLATORS: Children's Welfare Institutes have
English translators available. Major hotels in China should
also be able to assist with interpreter/translation services.
GROUND TRANSPORTATION TO CHILDREN'S WELFARE INSTITUTES: Major
hotels in China should be able to assist with ground
transportation in the form of a driver or taxi service. It is
prudent to check about fees in advance, rather than at the end
of the journey.
HONG KONG TRANSIT VISAS FOR CHINESE ADOPTED CHILDREN:
Due to the proximity and number of flights, return travel to
the United States is commonly arranged by Americans adopting
Chinese children via Hong Kong. Hong Kong Immigration advises
that transit visas are available at both the airport and the
railroad station. The Consulate General in Guangzhou
encourages adopting parent(s) to book either direct flights
from Shanghai or connecting flights at Hong Kong airport
(without the need to enter Hong Kong), rather than proceeding
from Guangzhou to Hong Kong by ground transportation. If
adoptive parent(s) do opt to enter Hong Kong, they should be
aware of the difficulty involved in obtaining Hong Kong transit
visas for Chinese adopted children. U.S. passport holders do
not need Hong Kong visas to enter Hong Kong. However, the
adopted children, who bear Chinese passports are required to
have Hong Kong visas. The only place at which transit visas
are issued (according to the Hong Kong Government Security
Secretariat) is at the Lo Wu train terminal. From Guangzhou,
this is reached by taking a two hour train to Shenzhen and
walking across the border to Lo Wu. The American Consulate
General in Hong Kong has discussed this problem with Hong Kong
Immigration authorities. As a result of these discussions, the
Hong Kong Immigration Department has offered to help facilitate
the movement of the children at the Lo Wu entry control point.
The American Consulate General in Guangzhou can assist adoptive
parent(s) who opt to travel through Hong Kong by notifying the
Chief Immigration Officer at the Lo Wu terminal via fax no.
673-2000 prior to the arrival of the adopted children at Lo Wu.
This being said, however, there follows an explanation of the
difficulties of traveling this route. While contact between
the U.S. Consulate General in Guangzhou and the Hong Kong
Immigration Officer at Lo Wu should decrease the waiting time,
the procedure remains somewhat cumbersome and tiring for
parents and children.
Walking Through Process: After reaching Shenzhen, you must
walk through the station tunnel to the exit point, a 15-20
minute walk, depending on the number of persons exiting and the
weight of luggage being carried. From the arrival at Shenzhen
station to the walk across the bridge to Lo Wu takes 30-45
minutes. Lines for the escalator to the upper emigration
floors take about 8 minutes. Foreigners exit on the second
floor, while Chinese continue up to the third floor. The
child's exit form is not the same as the one used by U.S.
citizens. A Chinese language "first time exiting" form is
available at a desk just to the left as one goes into the
emigration area. Workers there can assist in filling out the
form. The child's U.S. immigrant visa and the adoption
certificate are requested for inspection. Obtaining a transit
visa for Hong Kong takes at least two hours. After it is
obtained, you cross the bridge from Zhenzhen to Hong Kong. The
Immigration Section for those needing a transit visa (stay up
to one week) is up the left hand escalator, behind white metal
railings, just before the main lines for immigration
inspection. The initial visa application is made at the
smaller of the two windows, arrived at by lining up between
blue metal railings. The child's PRC passport, airplane
ticket, and U.S. immigrant visa is inspected. The transit visa
application is a one page form, with a few queries in English
on the back, and the remainder in Chinese, which the Hong Kong
Immigration Inspectors assist in completing. A wait of one and
one half hours on wooden benches in the large waiting hall is
followed by the child's name being called, at the larger window
in front of the waiting hall. A sixty Hong Kong dollars visa
fee is collected and the child's passport is stamped with a
transit visa. Accompanying U.S. passport holders will also get
the Hong Kong entry stamps placed in their passports at this
time. Exiting from the waiting room, one follows white metal
railings along the left end of the Lo Wu terminal, and reaches
an immigration inspector who checks all passports. Customs and
train tickets are at the right end of the terminal. Trains to
Kowloon run from the lower floor of the Lo Wu terminal.
Tickets on the Hong Kong railway are twenty five Hong Kong
dollars to Kowloon Hong Hom station at the end of the line.
Taxis are available at that terminus after a short queue. You
may wish to make hotel arrangements in advance.
PROBLEMS: Specific problems with adoption in China may be
addressed to the Consular Section of the American
Embassy/Consulate. You may also contact the Department of
State, Office of Children's Issues, Room 4811 N.S., 2201 C
Street N.W., Washington, D.C. 20520-4818, tel: (202) 647-2688
with questions about international adoption (not related to the
issuance of U.S. visas). This office can also provide you with
a copy of the Department of State's general information flyer
on International Adoption which explains some of the problems
and pitfalls common in adoption cases. Recorded information
about significant changes in adoption procedures may be
monitored by calling (202) 736-7000. If China is not included
in the country specific recordings, then procedures have not
changed significantly. Information about any outstanding
travel warnings can be obtained from the Department of State,
Office of American Citizens Services. You may listen to the
travel advisories by calling (202) 647-5225. If you would like
copies of any travel warnings you may call the Office of
American Citizens Services at (202) 647-5226. Copies are also
available at the 13 regional U.S. passport agencies. Copies of
Consular Information Sheets for China detailing specific
conditions which do not require a travel warning may be
obtained through the Office of American Citizens Services.
Consular Information sheets are also available through our
automated fax service at (202) 647-3000 by using the telephone
on your fax machine (using the keyboard on the fax phone, not
the fax machine itself to dial). Follow the prompts and select
the information you desire. You may also wish to obtain a copy
of the information brochure "Tips for Travelers to China" a booklet
available directly from the Citizens Emergency Center.
VISA QUESTIONS: For questions about U.S. visa petition
procedures, contact the nearest office of the U.S. Immigration
and Naturalization Service, located in the Federal Government
section of your telephone book. General recorded information
about visa procedures is also available from the Department of
State's Visa Office at (202) 663-1225. After listening to
prompts and selecting the recorded topics, the automated
telephone system will connect you to the Visa Office telephone
inquiries section where an officer will be available to answer
questions not addressed in the recorded material.
Visa Petition Referred to INS Hong Kong: If you are in China
and the immigrant visa petition has been referred by the U.S.
Consulate General in Guangzhou to the U.S. Immigration and
Naturalization Service office in Hong Kong for review, contact
INS Hong Kong for additional information. You can reach that
office by calling or writing to U.S. Immigration and
Naturalization Service, American Consulate General, 26 Garden
Rd., PSC 464, Box 30, Hong Kong; tel: 011-852-523-9011; fax
011-852-845-1598. If you are writing from the United States,
letters regarding the status of INS reviews should be addressed
to U.S. Immigration and Naturalization Service, American
Consulate General Hong Kong, FPO AP 96522-0002.
Applying for U.S. Citizenship for an Adopted Child:
Questions about naturalization of an adopted child as a U.S.
citizen after the child has entered the United States should be
addressed to the INS office with jurisdiction over the adoptive
parent(s)' place of residence. The process requires that INS
Form N-643 Application for Certificate of Citizenship in behalf
on an Adopted Child, be filed with the INS before the child is
18 years of age.
CONCLUSION: Interested Americans should be aware that the
process of adopting a child in the PRC and bringing the child
to the U.S. may be time-consuming and difficult. The American
Embassy and Consulates General and the Department of State
stand ready to assist adoptive parents, within the limits of
our authority. Because no private agencies exist in China to
assist interested foreigners, U.S. citizens arriving in China
to finalize an adoption are advised to proceed carefully with
all PRC legal procedures. They should also work closely with
the nearest U.S. mission in China throughout the adoption
process to ensure that the child selected will qualify for U.S.
immigration benefits and that all the necessary PRC civil
documents are in order. Any feedback adoptive parents are
willing and able to provide about their experiences while
trying to adopt children from China would be very helpful to us
in ensuring the validity and usefulness of the information in
this and similar brochures. Please contact the Office of
Citizens Consular Services with ideas about how we can try to
make the experience easier (if possible) or at least easier to
understand.
ADDENDA
INS Checklist
Text of Chinese Adoption Law
Text of Chinese Adoption Regulations
Map of China (Consular Districts)
List of U.S. Consular Districts in China
(###)
To the top of this page