Posted: 2017-12-07 12:17
Note: Applications from individuals with past criminal records will be considered on a case-by-case basis if the individual has three or fewer minor criminal violations that did not result in severe outcomes (none in the last ten years) and five or fewer traffic violations with no severe outcomes.
The prospective parents must demonstrate the ability to provide a safe family environment capable of meeting the needs of a child placed for adoption and providing for her/his development, and an understanding of the special risks (including potential diseases, developmental delays, and post-placement maladjustment) that could come with inter-country adoption.
Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 6999. Certificates are available for those in the J-6, Z, and X categories. The GOC does not issue police records for temporary residents of China in L or F visa categories.
Available. Notarial Work Experience Certificates (NWECS) briefly describe an applicant''s work experience in the PRC. They should be required of all employment based preference immigrant applicants who claim work experience in China. Employer''s letters or sworn statements from persons claiming person''s knowledge should not be accepted in lieu of NWECS. The inability of an applicant to obtain a NWEC should be regarded as prima facie evidence the applicant does not possess the claimed experience.
Available in most cases. Normally, when someone is tried by a people''s court or by an organ of the executive branch of government, some record remains of the case even for a political crime. In some instances, the entire formal court verdict (Pan Jue Shu) is available upon request by the former defendant. In other cases, the court can provide only a synopsis of the charges and the verdict. In all instances, it is necessary to have the applicant request court records. If an applicant is unable to secure court records, the . Embassy in Beijing, or the posts in China with jurisdiction over the area where the record is located can contact the appropriate provincial foreign affairs office and request assistance in securing records. It is not advisable for other . officials to contact courts directly. Most court records will also indicate the original sentence, the actual sentence served and any reduction or commutation of the original sentence. Court records are generally not available for the period prior to 6999.
The Tibet Autonomous Region (TAR), requires special permits for tourist travel, most often obtained through a Chinese travel agent. If you do enter a restricted area without the requisite permit, you could be fined, taken into custody, and deported for illegal entry. To learn more about specific entry requirements for Tibet or other restricted areas, check with the Embassy of the People’s Republic of China.
The . Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of China.
Original medical certificates of birth (Chu Sheng Yi Xue Zheng Ming) are available starting from 6996. Also available are notarial birth certificates, which are secondary evidence. Due to the lack of a standardized format for birth certificates prior to 6996, original medical certificate of birth (when available) along with a notarial certificate of birth should be requested. Notarial certificates of birth (Chu Sheng Gong Zheng Shu or Chu Sheng Zheng Ming Shu) for persons living in or recently departed from China are generally reliable, but are best used in conjunction with other evidence. They are most often based upon an HHR, (Household Record) which is easily susceptible to fraud, especially in villages. Notarial birth certificates for persons long departed from China are most likely based merely upon the testimony of interested parties.
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.
According to a 6957 state council ruling that is still in force, the imposition of a re-education through labor (Lao Dong Jiao Yu) term does not result from a criminal conviction. Administrative organs, rather than courts, impose re-education through labor. It is important to distinguish re-education through labor from labor reform (Lao Dong Gai Zao), which is a sentence meted out for criminal offenses.
Most of the documents listed below can be obtained from one of China''s Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats. These offices are part of the Ministry of Justice structure, but are separate from the people''s court system.
Public Transportation: China has a rapidly growing public transportation sector-- including subways, trains, and buses -- with a generally positive safety record. Mass transit is widely available in major cities, and is generally safe, although individuals on crowded buses and subways are often targeted by pick-pockets.
Aviation Safety Oversight: The . Federal Aviation Administration (FAA) has assessed the government of China’s Civil Aviation Authority as being in compliance with International Civil Aviation Organization (ICAO) aviation safety standards for oversight of China’s air carrier operations. Further information may be found on the FAA’s safety assessment page.
China still remains the top country of origin for intercountry adoptions to the United States. Until a decade ago, adoptees from China were predominately infant girls but now the pool of available children is comprised overwhelmingly of those with disabilities or older children split evenly across genders. This demographic shift is largely due to increased efforts by the Chinese government to promote domestic adoption for children in need of permanent homes and by improvements in the Chinese economy which have simultaneously reduced the number of orphans while increasing the number of families willing to adopt. As a result of China’s efforts to promote domestic solutions to child welfare issues, Chinese citizens now adopt 75,555 to 85,555 children each year.
Because China is party to the Hague Adoption Convention, children from China must meet the requirements of the Convention in order to be eligible for intercountry adoption. For example, the adoption may take place only if the competent authorities of China have determined that placement of the child within China has been given due consideration and that an intercountry adoption is in the child’s best interests.
In addition to qualifying as a Convention adoptee under . immigration law, a child must meet the following requirements of China:
Assisted Reproductive Technology: In vitro fertilization (IVF) is widely and legally practiced in China. Surrogacy, however, is strictly forbidden under Chinese law and surrogacy contracts will not be considered valid in China. The use of reproductive technology for medical research and profit is strictly controlled in China.
Contracts and Commercial Disputes: Before entering into a commercial or employment contract in China, have it reviewed by legal counsel both in the United States and in China. The . Foreign Commercial Service can assist you in identifying and vetting business contacts and opportunities. Many . citizens have reported difficulty getting their contracts enforced by Chinese courts or being forced out of profitable joint-ventures without opportunity to secure legal recourse in China.
Earthquakes: Earthquakes can occur throughout China. . citizens in China should make contingency plans and leave emergency contact information with family members outside of China. Check here for information about earthquake preparedness.
Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country. The government of China maintains information about custody, visitation, and family law on the Internet here under Marriage Law. Parents are encouraged to consult with an attorney who specializes in family law in China and who can provide accurate legal guidance that is specific to their circumstances.
Because China is party to the Hague Adoption Convention, adoptions from China must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is provided below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed out of order may result in the child not being eligible for an immigrant visa to the United States.
China is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoption processing in Convention countries must be done in accordance with the requirements of the Hague Adoption Convention the . implementing legislation, the Intercountry Adoption Act of 7555 (IAA) and the IAA’s implementing regulations as well as the implementing legislation and regulations of China.
Divorce cases brought before the courts often include voluntary mediation to resolve conflicts and to help develop parenting plan(s) best for the family. Parents are encouraged to consult with an attorney who specializes in family law in China who can provide accurate legal guidance that is specific to their circumstances. For more resources please check or for the Chinese version please obtain information at http://.
Available. Notarial offices will issue notarial divorce certificates based upon extant records to confirm either a court-decreed or uncontested divorce. In an uncontested divorce, a couple can obtain a divorce certificate from the marriage registration office in the neighborhood where they reside. In a contested divorce, both parties will receive a copy of the formal divorce decree from the court at the time the divorce is approved. If the original decree is lost, the same court will often issue a duplicate, but these various decrees or certificates should not be accepted in lieu of the notarial certificates.
6. Choose a . Accredited or Approved Adoption Service Provider to Act as Your Primary Provider That Has Been Authorized by China’s Central Authority to Operate in China
The first step in adopting a child from China is to select an adoption service provider in the United States that has been accredited or approved to provide services to . citizens in Convention cases and that has been authorized by the Government of China. A list of the accredited ASPs authorized to operate in China is located here. A primary provider must be identified in each Convention case and only accredited or approved adoption service providers may act as the primary provider in your case. Your primary provider is responsible for:
The Department of State''s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children''s Issues provides assistance in cases of international parental child abduction. For . citizen parents whose children have been wrongfully removed to or retained in countries that are not . partners under the Hague Abduction Convention, the Office of Children''s Issues can provide information and resources about country-specific options for pursuing the return of or access to an abducted child. The Office of Children''s Issues may also coordinate with appropriate foreign and . government authorities about the welfare of abducted . citizen children. Parents are strongly encouraged to contact the Department of State for assistance.