Child adoption; procedures, requirements and documentation (1995 - January 2001) [MNG36390.E]

Information on adoption is presented in the initial report of Mongolia to the United Nations Committee on the Rights of the Child:

135. Article 7 of the Family Law of 1973 deals with adoption. According to this article, at the time of the registration of marriage both members of the couple will agree to take the child from the previous marriage as their common child. Grandparents shall have the right to adopt their grandchildren with the agreement of the children's parents or with the authority of the orphanage. Any other case dealing with adoption of the child will be conducted through the local administration for the best interest of the child.
136. Children under the age of 16 can be adopted, except a breast-fed child under one year old. For the adoption of a child, written application of the parents and the approval of the local administration have to be presented. In case of the children under 3 years of age, a medical certificate has to be issued and in case of the child over 9 years of age his/her agreement has to be presented as well. But no permission is required from those parents who have been deprived of their rights for parenthood, and those who failed to bear the responsibilities of parents and those who are mentally retarded or those whose address is not known for the last year.
137. Articles 53 and 54 of the Family Law contemplate that the relations between adopted children and the adopting parents and their relatives shall be the same as blood relations.
138. Orphans will keep their rights to allowances they used to get before their adoption. Mothers adopting children under one year old will enjoy the same privileges as a mother who has given birth to a child, like post-natal leave and allowances for taking care of a child.
139. There does not exist any legal provision with regard to inter-country adoption, and there is no organization in charge of such adoptions. Since 1991, there have been several requests for the adoption of children by foreign citizens. On the basis of the provision of the Constitution of Mongolia, which says that any international treaty signed by Mongolia shall have the same force as its national law so far four Mongolian children have been adopted by the citizens of Germany and the United States. The adoptions have been registered in the registration office of the local administration. Children's organizations of Mongolia consider that the existing system for the adoption of a child does not meet the requirements of law and the Convention on the Rights of the Child. Therefore, they deem it necessary to formulate concrete legislation on adoption of a child and to establish a special organization to deal with each case (3 Feb. 1995).

In its comments on the report of Mongolia, the Committee remarked on the absence of legislation regarding inter-country adoption (13 Feb. 1996). The United States State Department issued a notice that strongly discouraged United States citizens from adopting Mongolian children because "adoptions in Mongolia do not clearly meet the requirements of U.S. immigration law" (U.S. Dept. Of State, n.d.; JCICS 22 July 2000).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.


Joint Council on International Children's Services (JCICS). 22 July 2000. "JCICS International Adoption Update Mongolia." [Accessed 19 Jan. 2001]
United Nations. Committee on the Rights of the Child. 13 February 1996. (CRC/C/15/Add.48).

Concluding Observations of the Committee on the Rights of the Child: Mongolia.

_____. 3 February 1995. (CRC/C/3/Add.32).

Initial Reports of States Parties Due in 1992. Addendum. Mongolia.

United States Department of State. n.d. "International Adoption in Mongolia." [Accessed 19 Jan. 2001]

Additional Sources Consulted

IRB Databases.

World News Connection (WNC)

Two oral sources did not provide information on the topic.

Unsuccessful attempts to contact an oral source.