On The Institutional Defects Of China’s Foreign Adoption And Its Perfection

On December 29,1991,China promulgated the Adoption Law and officially opened the foreign adoption channel.At present,China has become a major international child feeding country.However,China’s foreign adoption legal system is not complete,and foreign adoption mainly applies to domestic adoption laws.In recent years,with the overall number of orphans being stable,the number of foreign-related adoptions in China has been declining,and incidents of the rights of adopted children in foreign-related adoptions have also occurred from time to time.This is directly related to the institutional defects of China’s foreign adoption.At present,China has prominent problems in the aspects of foreign-related adoption of party qualifications,foreign-related adoption procedures,and foreign-related adoption supervision.Therefore,it is necessary to learn from other countries’ experiences on foreign-related adoption systems,and regard the principle of maximizing children’s interests and the principle of foreign-related adoption as the basic principle of China’s foreign-related adoption system,relax the qualification restrictions on adopting parties,improve foreign-related adoption procedures,and establish foreign-related adoption.Supervise the system and improve the application of foreign adoption laws and the system of recognition and enforcement of judgments.