Deep Dive: China’s strict adoption laws create roadblocks, lead to a rise in illegal cases

China’s decades-long one-child policy has had long-lasting effects. Not only does the country have an ageing population, but it also has strict adoption laws. These laws have denied many abandoned children the chance of a family life.

Families looking to adopt face many bureaucratic hurdles. In some cases, it leaves them with no legal way of proceeding with a planned adoption even if the child’s mother is happy for it to go ahead.

One such woman was Sichuan resident He Hua. She was offered the chance to adopt a baby in 2021.

She had a medical condition that left her unable to give birth, but she had always wanted a child of her own. Her elder sister knew an unmarried woman who was pregnant and would be unable to look after the child.

“My sister told her that I could take the child, and the woman agreed immediately,” He said.

She went with the woman to a hospital in Chengdu, the provincial capital, where the baby was born. The biological mother had already told He that she would leave the city after giving birth. She wanted nothing more to do with the baby.

But He’s joy soon turned into frustration when she tried to formalise the adoption with the local police and civil affairs bureau. She was told she did not meet the requirements to adopt the baby.

They said the birth mother needed to be present during the proceedings. She would also need to have a disability or a serious illness in order to give up the child legally.

Many other people have faced similar problems when trying to adopt a child through private channels.

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There is a relatively simple process for those adopting through state-run child welfare institutions, but most of the children in these facilities have disabilities. Many families are unable or unwilling to care for them.

Most families trying to adopt privately are unable to provide the necessary documents, such as a birth certificate or written statement from the birth parents, to secure the child a hukou, an important identification document.

China’s strict adoption laws were motivated by concerns about child protection, including dangers such as trafficking. The problem was fuelled by the one-child policy and a preference for sons.

In 2023, the most recent available figures from the Civil Affairs Bureau, there were 144,000 orphans awaiting homes, but only 8,000 families had successfully registered to adopt a child. There is no data for other children awaiting adoption.

It is hard to find exact figures about the extent of the problem. Media reports and grass-roots volunteers have said there may be hundreds of thousands of children and families affected.

Staff writer

1. Based on News, which of the following are true?

(1) He Hua wanted to adopt because she had a medical condition that prevented her from having biological children.
(2) China’s massive elderly population is a result of the one-child policy.
(3) Recent figures show there are fewer than 100,000 children waiting to be adopted.
(4) He Hua was unable to adopt because she had a disability.

A. (1), (2) only
B. (1), (3) only
C. (2), (3) only
D. (2), (4) only

2. According to News and Glossary, what was the main factor contributing to strict adoption rules in China?

3. What issues did He encounter during the adoption process?

1. What is being shown in the cartoon, and what does it represent?

2. Based on News, Glossary and your knowledge, what are some possible outcomes of China’s strict adoption rules?

• Previous laws said a child under 14 could be adopted if they had no legal guardian or their parents couldn’t care for them

• Measures introduced in 2023 require birth parents to state why they can’t raise the child and explain their problems

Limited channels for legal adoption have led to the existence of what China Youth Daily has described as “illegal de facto adoptions” across the country.

Wei Ximei, a domestic services agent from Zhengzhou in central China, runs a WeChat group connecting a network of women dealing with this type of issue.

Wei recently ran into a problem with her adopted daughter Niuniu.

The birth mother had tricked Wei’s mother into taking care of the baby by hiring her as a nanny and then refusing to pay and disappearing.

Wei decided to raise the girl alongside her two other children. Three years later, she wanted to register the girl in kindergarten but could not get her hukou. She contacted a local television station for help.

After a story about the case was broadcast, local police helped her track down the birth mother, while a local kindergarten also offered assistance in securing Niuniu’s identification documents. The process took her around a year.

The publicity the case generated made her realise others were in a similar position, and dozens of people reached out to her.

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Lawyers and campaigners have said that China’s adoption laws must be updated.

Previously, the law had stated that children under 14 could be adopted if they had no legal guardian or the parents had “special difficulties” in caring for the child.

Those adopting the child had to be over the age of 30, with no children of their own and be judged capable of raising children.

But a new order issued in 2023, two years after the three-child limit came into force, said the birth parents needed to give a statement that they could not raise the child and explain their problems.

Adopters would need to obtain a statement from local authorities stating how many children they already had and confirm their ability to raise the child.

Lu Yu, a lawyer with the Beijing Qianqian Law Firm, which specialises in women’s rights advocacy, said the law is too generalised and vague, and local governments usually issued their own ordinances to fill out the details.

“For example, the law says those with ‘special difficulties’ may give up their child for adoption, but what does that mean? Does going to prison count as difficult? Is having no other relatives difficult?” she said.

The strict adoption rules still have their defenders. Wang Zhenyao, director of the China Philanthropy Research Institute at Beijing Normal University, has warned in the past that government regulation is needed to stop disputes from hurting children.

“Adoption around the world is very strict. It must be child-centred and attach importance to the protection of children’s interests. People have basic dignity and cannot be treated as commodities,” he told China Youth Daily.

Staff writer

1. Based on Issue, which of the following are true?

(1) Wei Ximei uses Weibo to help people trying to adopt.
(2) Wei Ximei contacted a local television network to help her find her daughter’s birth mother.
(3) Laws introduced in 2023 make it easier to adopt.
(4) It is difficult to get a hukou for children adopted illegally.

A. (1), (2) only
B. (1), (4) only
C. (2), (4) only
D. (3), (4) only

2. What problems can arise with de facto adoptions, according to the information presented in Issue?

3. Using News and Issue, list THREE reasons why adoption can be difficult in China.

1. Name TWO trends shown in the graph and how they relate to current issues with adoption in China.

2. Using News, Issue and Graph, list TWO ways China’s adoption laws could be changed or amended.

one-child policy: a programme implemented by the central government in China from 1979 to 2015 to reduce population growth. It limited most families to only one child. The government introduced a two-child policy in 2016 and a three-child policy in 2021 to counter China’s low birth rate and ageing population.

bureaucratic: a system of controlling or managing a country, company, or organisation that is operated by a large number of officials.

hukou: a household registration and identification document in China that grants access to social benefits like vaccinations and school.

de facto: a Latin phrase that describes a situation that exists in practice but may not be legally established or recognised. It translates to “in reality” or “in fact”.

commodities: goods sold for production or consumption

1. A

2. China’s strict adoption policy was a result of its one-child policy, which limited the number of children to one per household. The laws were motivated by concerns about child protection and trafficking.

3. The child’s birth mother immediately left the city after giving birth. When He tried to formalise the adoption, she was told that the birth mother needed to be here. Authorities also said the birth mother could not give the child up for adoption unless she had a serious illness or disability.

1. This cartoon shows a baby with the word “adoption” written on its blanket. This indicates that the baby is up for adoption. A woman looks at the baby with her arms outstretched, appearing distressed. She seemingly wants to adopt the baby, but barriers prevent her from reaching the child. This is a metaphor for the various hurdles people must overcome to legally adopt a baby in China.

2. Thanks to China’s strict laws, there are far more babies in orphanages than there are families legally registered to adopt them. This means that a huge population of children will grow up in conditions that are not ideal and without a loving family.

1. C

2. It can be difficult to get the adopted child a hukou since it requires the assistance of their birth mother, who may leave after the child is born.

3. Birth parents needed to give a statement about why they cannot raise the child and explain their problems. They may be allowed to give their child up for adoption if they can prove they have special difficulties. However, the law is too generalised and vague. This means local governments may issue their own ordinances to fill out the details. Since these are local regulations, they could vary from province to province. (accept all reasonable answers)

1. This trend shows a significant and clear decrease in the number of adoptions in China since 2000. The number in 2000 was more than 55,000, much more than the number in 2023, which was just over 8,000, despite there being only a 23-year difference. This aligns with the information in Issue, which explains how more rigid adoption regulations have developed in the past two decades, making it more difficult for people to adopt.

2. China could allow single parents to adopt children or get rid of the age limitation. The government could also offer financial, medical and psychological support for families who want to adopt a disabled child from one of the state’s child-welfare facilities, since some families may be interested in adopting one of these children but worry about being able to support them. (accept all reasonable answers)