Change in Chinese Adoption Rules as of May 1, 2007

From May 1 2007, the rules for US Citizens applying to adopt children from China will change. The new rules will be as follows:

1. Only married, heterosexual couples will be eligible. You and your partner must have been married for at least two years, unless either of you has previously been divorced. In these cases you must have been married for at least five years. If either of you have been divorced on more than two occasions, you will not be eligible to apply.
2. You and your partner must both be between the ages of 30 and 50, unless the child you are applying to adopt a child with special needs. In these cases, you must both be between 30 and 55.
3. Both of you must be in good physical and mental health. The following list is not exhaustive, but gives examples of ill health that would make you ineligible to adopt.
   • AIDS
   • Mental illness and disability
   • Any infectious and contagious disease
   • Blindness in one or both eyes, or being required to wear a prosthetic eye
   • Deafness in both ears or the loss of language ability; unless applying to adopt a child with the same disability, in which case you would still be eligible to apply
   • Any impairment, paralysis or deformity causing dysfunction to arms, legs or body
   • Any serious facial deformity
   • Any serious disease that potentially reduces life expectancy and needs long-term treatment; including, but not exclusive to, cancer, lupus, nephrosis and epilepsy.
   • Having undergone an organ transplant in the last ten years
   • Schizophrenia
   • Having been on medication for two or more years for a mental illness or psychological disorder, including depression, mania and anxiety neurosis
   • Having a BMI of more than 40
4. You and/or your partner must have reliable work, and your household income must be at least $10,000 for each person living in the home – including the child to be adopted. Government aid, unemployment insurance, welfare and pensions are not considered ‘income’.
5. You and your partner must have both graduated from high school or attained an equivalent vocational training qualification.
6. You must not currently have living with you five or more dependent children under the age of 18, or a child younger than a year old. (You will be exempt from this rule if you are applying to adopt a special needs child.)
7. You and your partner should have no criminal record, and be known to be of good character. You will not be permitted to adopt if you or your partner have convictions for – or a history of – any of the following:

a. Domestic violence, sexual or physical abuse or abandonment of children. (In these cases, an arrest and conviction is not necessary to disqualify you.)
b. Possession and use of illegal drugs (such as opium, morphine, marijuana, cocaine, heroin, methamphetamine)
c. Use of a potentially addictive medication for a mental illness
d. If you or your partner have a history of alcoholism, you will need to demonstrate that you have been sober for at least ten years.

If you or your spouse have a criminal record – but fewer than three convictions with at least ten years since the most recent, or fewer than five minor driving offences – then your case will be considered on its own merits.

8. You and your spouse must be able to show that you have an understanding of the obligation you are under to provide a loving family environment for the child. You must also demonstrate an ability to meet the developmental needs of the adopted child, who may be orphaned or have special needs. Additionally, the authorities must be satisfied that you understand the intercountry Chinese adoption process, and that you are prepared for any potential setbacks and risks, including health and adjustment problems and beauracratic delays.
9. 9. In your adoption application letter, it is a good idea to express a willingness to co-operate with all post-placement procedures, including follow-ups and assessment reports.
10. 10. All ages and lengths of time given above will be assessed from the date on which your adoption application documents are logged at the China Centre for Adoption Affairs.

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