Document #1102173
IRB – Immigration and Refugee Board of Canada (Author)
Information on this specific subject could
not be found among the sources currently available to the DIRB in
Ottawa. However, attached please find the 1992 Adoption Law of the
People's Republic of China, which may be of interest.
According to article 6 of the 1992 Adoption
Law, a person can adopt a child if he or she is 35 years old or
more, childless and capable of raising and educating the child.
Article 8 states that a prospective parent can adopt one child
only, though these conditions do not apply in the case of orphans
or disabled children.
Concerning the procedure for adoption,
article 15 of the law states that the adoption must be finalized in
a written agreement between the adopter and the person putting the
child up for adoption, and must be registered with the civil
affairs department.
The 1992 Adoption Law does not provide
penalties for contraventions of these provisions.
According to a report on China's
demographic problems published by the Population Reference Bureau
in Washington DC, adoptions rose sharply after the institution of
the one-child policy (Population Bulletin June 1992, 17).
This source reported 500,000 cases of adoption in 1987 and about
400,000 per year between 1984 and 1986, compared with fewer than
200,000 before 1979 (ibid.). The Ministry of Justice stated that
only 185,000 cases were registered from 1980 to 1991 (Australian
Journal of Chinese Affairs July 1993, 65). For further information,
please refer to the attached documents.
This response was prepared after
researching publicly accessible information currently available to
the DIRB 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 attached the list of
sources consulted in researching this information request.
Australian Journal of Chinese
Affairs [Canberra]. July 1993. No. 30. Kay Johnson. "Chinese
Orphanages: Saving China's Abandoned Girls."
People's Republic of China. 1 April
1992. Adoption Law of People's Republic of China. (Faxed to the
DIRB in Ottawa by the Department of Justice of Quebec.)
Population Bulletin [Washington, DC].
June 1992. Vol. 47, No. 1. H. Yuan Tien et al. "China's Demographic
Problems."
Australian Journal of Chinese
Affairs [Canberra]. July 1993. No. 30. Kay Johnson. "Chinese
Orphanages: Saving China's Abandoned Girls," pp. 60-87.
The New York Times. 22 June 1992.
Late Edition. Sheryl Dunn. "Chinese Might Simplify Adoptions by
Foreigners." (NEXIS)
People's Republic of China. 1 April
1992. Adoption Law of People's Republic of China. (Faxed to the
DIRB in Ottawa by the Department of Justice of Quebec.)
Population Bulletin [Washington, DC].
June 1992. Vol. 47, No. 1. H. Yuan Tien et al. "China's Demographic
Problems," pp. 1-20.
South China Morning Post [Hong
Kong]. 12 June 1994. Billy Wong Wai-Yuk. "The Children Left to Rot
in Squalor." (NEXIS)
Amnesty International Report.
1992, 1993.
Asian Survey [Berkeley, Calif.].
Monthly.
Country Reports on Human Rights
Practices. 1992, 1993.
Critique: Review of the Department of
State's Country Reports on Human Rights Practices.
1992.
Human Rights Watch World Report.
1993, 1994.
Pacific Affairs [Vancouver].
Quarterly.
Women-Nation-State. 1989. London:
McMillan.
On-line search and oral sources.
Information on official attitudes toward private citizens who adopt children without government authorization [CHN17651.E] (Response, French)