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| On the Defects and Corrections of the Legislation on Requirements for Adopters in China |
| Chen Yehong Xiang Huaping |
| Law School， Central China Normal University， Wuhan 430079 |
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Abstract There are serious defects in the requirements for adopters in China’s Adoption Law， and the result of the implementation of the Adoption Law is contrary to the legislative purpose. Neither it can encourage citizens to adopt orphans， abandoned or handicapped children， nor is it conducive to the adoptees’ physical and mental health. It has even impeded the good deeds of citizens’ adoption so that most of the minors who should be adopted are not adopted legally. The legislation should add some requirements such as having good behavior and mental health， not having been sentenced to fixed-term imprisonment or other heavier penalties. A person should be able to adopt children of his or her spouse independently. The adoption requirements for foreigners are supposed to be the same with Chinese citizens together with foreign-related adoption notarization. And the legislation should amend the age of adopters to over 25 years old， clarify the specific ability that the adopters should have. The following provisions should be abolished： the adopter must have no children or can only adopt one child； for single men who adopt girls， the age gap between them must be more than forty years.
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Received: 21 May 2019
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2019, Vol. 58 
