Comparative Study On Intercountry Adoption Law Between China And Foreign Countries

With the development of the globalization, the Intercountry Adoption is becoming more and more popular. Although the number of the adoptee children is more than 20,000 annually since the 1980s, some legal conflicts appear at the same time duing to the cultural differences between different countries in politic, religion and the legal regulations. And HAGUE RULES has been ratified in China in 2005, so the present study is critical in perfecting the transnational law in China and has great practical sense.The present paper sorts out the worldwide fully developed substantial law and the conflict law about Intercountry Adoption and the HAGUE RULES, pointing out the limitations of correlational laws in China. The present paper suggests that the legislation should perfect the Intercountry Adoption law in adopting mode, strengthen the adoptive relationship from the standpoint of protecting the rights of the adoptee children.The paper contains four parts except the preface and conclusion:The part one is the overview about the transnational adoption. It mainly elaborates the concept, subject matter, category and the literature review of transnational adoption.The part two is the contrastive analysis of the substantive law about transnational adoption at home and foreign countries. It mainly elaborates some regulations about Intercountry Adoption in system of common law, continental legal system and in China from the following three aspects, qualification of the adoptive parent and the adoptee person, implementation of the adoption agreement and validity of adoption.The part three is the resemblances and differences of the conflict of laws about the Intercountry Adoption. It mainly analyses the regulations of the applicable law of the material element and the formalities about the Intercountry Adoption in the country of system of common law, continental legal system and in China. The part four is some suggestions and inspiration. Through the analysis of the Intercountry Adoption between China and foreign countries, the present paper summarizes some suggestion means to perfect the correlative legislation in China.