The Ministry of Civil Affairs ("MCA") has released the Opinions on Regulating the Adoption of Children Whose Biological Parents Are Unable to Raise Them Due to Special Difficulties and Orphans Living Scattered across Society (the "Opinions").
The Opinions specially set out provisions on persons giving up children for adoption and the intention to give up a child for adoption, according to which a child's biological parents who are unable to raise their child due to special difficulties shall serve as the persons giving up their children for adoption. Where both the biological father and mother of a child do not have full capacity for civil conduct and may cause serious harm to the adoptee concerned, the guardian of the adoptee shall serve as the person giving up the child for adoption. The guardian of an orphan living scattered across society shall serve as the person giving up the orphan for adoption. Where such a guardian is changed to be a social welfare institution, the social welfare institution may serve as the person giving up the orphan for adoption. Persons giving up children for adoption may offer to the civil affairs authorities their intention to give up children for adoption. Civil affairs authorities may entrust social welfare institutions to accept such intention on their behalf. The Opinions also further regulate the adoption-related materials.