Provisional Measures for the Administration of Adoption Registration Archives
2018-07-29 1282
- Area of Law: Marriage,Family
Support,Adoption,and Inheritance
- Level of Authority: Departmental Regulatory Documents
- Issuing Authority: Ministry of Civil Affairs
- Status: Effective
Provisional Measures for
the Administration of Adoption Registration Archives
(No.181 [2003] of the Ministry of Civil Affairs)
Article 1 The present Measures are hereby formulated in accordance with the Archive Law of the People's Republic of China,
Adoption Law of the People's Republic of China,
Registration Measures for the Adoption of Children by
Chinese Citizens, Registration
Measures for the Adoption of Children by Foreigners within the People's
Republic of China, Provisions on
the Jurisdiction of Adoption Registration Handled by Overseas Chinese and the
Chinese Citizens Living in Hong Kong, Macao, and Taiwan Regions and the Required
Certificates and Certificate Documents, and other laws and
regulations, for the purpose of strengthening standardization administration on
the adoption registration archives, and serving the adoption work better.
Article 2 The "adoption registration archives" refer to the history
records formed by the adoption registration organs in the forms of various
letters, illustrations, sounds and pictures during the course of handling
adoption registration, which specify the adoption information of the adoptive
parties and have the value for keeping.
Adoption registration archives are an important part of all the archives of the
departments of civil affairs at all levels.
Article 3 The adoption registration archives shall be administered uniformly in
a centralized way by the departments of civil affairs at all levels, no one may
appropriate them.
Article 4 The work of adoption registration archives shall be carried out under
the guidance, supervision and inspection of the departments of civil affairs at
the upper level and the administrative departments of archives at the
corresponding level.
Article 5 The scope of filing of the adoption registration documents and
materials shall be:
1.Registration documents for the establishment of an adoptive relationship:
(1) Application letter for adoption registration;
(2) Inquiry notes;
(3) Form of examination and approval for adoption registration;
(4) The various certificate documents as prescribed in Articles 5 and 6 of the Registration
Measures for the Adoption of Children by Chinese Citizens, Articles 3, 4, 5, 6, and 7 of the Provisions on the Jurisdiction of Adoption
Registration Handled by Overseas Chinese and the Chinese Citizens Living in
Hong Kong, Macao, and Taiwan Regions and the Required Certificates and
Certificate Documents, and Article 10 of
the Registration Measures for the Adoption of
Children by Foreigners within the People's Republic of China;
(5) Photocopy of the adoption registration certificate;
(6) Adoption agreement; and
(7) Other relevant documents.
2. Registration materials for termination of an adoptive relationship:
(1) The various certificate documents as prescribed in Article 9 of the Registration Measures for the Adoption of
Children by Chinese Citizens;
(2) Photocopy of certificate for termination of an adoptive relationship; and
(3) Other relevant documents.
3. Registration materials for revocation of an adoption:
(1) Adoption registration certificate taken back or the relevant certificate
documents issued due to failure to take back adoption registration certificate;
and
(2) Other relevant documents.
Article 6 The filing of the adoption registration documents shall meet the
following requirements:
1. All the documents to be filed shall be complete and integrate.
2. Where there are pictures or photocopies in the documents and materials to be
filed, the pictures shall be clear.
3. The electronic documents formed in the adoption registration work shall be
cleaned up and filed in accordance with the Standards for Filing and
Administration of the Electronic Documents (G8/T18894—2002),
and meanwhile, a copy of paper documents shall be printed and filed together
with the electronic documents.
4. The adoption registration documents and materials shall be filed within 60
days after the registration formalities have been completed. And
5. All the documents and materials to be filed shall be the originals except
the identity card of residents, domicile certificate, certificate for returning
to one's native place, travel certificate, passport, and other identity
certificates and adoption registration certificate which shall be the
photocopies of the originals.
Article 7 The following rules shall be followed for the clean-up of the
adoption registration documents and materials:
1. The registration documents and materials for the establishment of an
adoptive relationship, for termination of an adoptive relationship, and for
revocation of an adoption shall be numbered by volume as a unit, with one
volume for one case.
2. Each volume of adoption registration documents and materials shall be ranked
according to the following order:
(1) Contents of the documents;
(2) Application letter for adoption registration;
(3) Inquiry notes;
(4) Form of examination and approval for adoption registration;
(5) Revocation of adoption registration materials;
(6) Certificate documents of the adopter;
(7) Certificate documents of the adoptee;
(8) Certificate documents of the person or institution placing out a child for
adoption;
(9) Other relevant documents; and
(10) Reference table.
Article 8 The classification of the adoption registration archives and
establishment of the contents of each class shall be:
The adoption registration archives shall be classified according to the
Year---Nationality (Residence)---Nature of the Adoption Registration. Among
them, the Nationality (Residence) shall include such classes as the China
mainland citizens, overseas Chinese, Chinese citizens living in Hong Kong,
Macao, and Taiwan regions, etc.; the Nature of Adoption Registration shall
include: registration on the establishment of an adoptive relationship,
registration on termination of an adoptive relationship, and registration on
the revocation of an adoption.
Article 9 The adoption registration archives shall be kept permanently.
Article 10 The adoption registration archives shall be mainly used by the
administrative organs of adoption registration. Where other entities,
organizations or individuals need to consult or borrow the archives due to
special reasons, they shall be approved by the leader in charge, and go through
formalities for consulting and borrowing.
Article 11 No one may destroy, alter, substitute, mark with a circle, annotate
and comment on or pollute the archives he/she consults or borrows. In case of
the occurrence of the above-mentioned conditions, punishments shall be imposed
on the relevant person according to laws and regulations.
Article 12 The management personnel of the archives shall strictly abide by the
relevant provisions of the Archive Law
of the People's Republic of China and the Law of the People's Republic of China on Keeping State
Secrets, keep the archives strictly, and maintain the privacy right
of the parties, and shall not disclose the contents of the archives, or enlarge
the scope of consulting and borrowing without approval.
Article 13 Before handling the registration formalities for adoption of
children by foreigners, the Ministry of Civil Affairs shall make additional
provisions on the administration of the archives of the foreign adopters
formed, and the archives of the domestic person or institution placing out a
child for adoption and those of the adoptee.
Article 14 The departments of civil affairs of all provinces (autonomous
regions, and municipalities directly under the Central Government) may
formulate the detailed implementation rules of the present Measures according
to the local realities.
Article 15 The present Measures shall come into force as of the date of
promulgation.