1.Foreign Marriage

China implements the principles of marriage freedom, monogamy and gender equality. Marriage registration is the mandatory procedure of a marriage.

(1) The necessary certificates and materials needed for a foreign marriage

①Valid personal passport or other valid international travel documents (original or copy)

②No spouse proof issued by the notary agency or authority agency of his own country and this proof should be approved by the Embassy of PRC in his country or the Embassy of his country in China, or no spouse proof issued by the Embassy of his country in China.

③ The relative certificate issued by the country with no diplomatic relations with China should be approved by the Embassy of a third country in his country, which has diplomatic relation with both China and his country, or the Embassy of China in this third country, or approved by the Embassy of this third country in China.

④ Submitting three pieces of recent half-body bareheaded photos of 2 inches of each side.

(2) Necessary certificates and materials needed for a foreign divorce

①Valid personal passport or other valid international travel documents (original or copy)

②Documents issued by the local marriage registration agency or the Embassy of China in his country.

③ Marriage certificate (original or copy)

④ Divorce agreement: The divorced couple should both sign the divorce agreement in front of the registrar. In the agreement, they should clearly show the intention of their voluntary divorce and their negotiated consensus on the upbringing of the children, the transaction of their property and debts etc.

⑤ The divorced couple should submit two pieces of recent half-body bareheaded photos of 2 inches of their own respectively.

(3) Applying for a new marriage certificate due to loss or damage

  If the marriage certificate or the divorce certificate is lost or damaged, they could apply for a new one from its original registration agency or the marriage registration agency of his registered permanent residence with his Hu kou (household residence book), personal ID (or other valid certificate like passport) and his marriage record certificate.

Registration agency of foreign marriage inXi’an: The Marriage Registration Office of Department of Civil Affairs of Shaanxi Province

Address: Room 2009, F/20, No.102,Weiyang Road, Weiyang District,Xi’an

Tel: 029-65652601 or 029-65652611

2. Foreign Adoption

According to Article 21 of Adoption Law of PRC, foreigners could adopt children in China.

(1) If foreigners want to adopt a child in China, he should transact the adoption procedure in China in person. If a couple adopts a child together, they should transact the adoption procedure in China together. If either side could not come to China to transact the procedure, he should authorize the other one in written form. The authorized letter should be approved by his country.

(2) If foreigners want to adopt a child in China, he should sign an adoption agreement with the person placing out the child in written form. The adoption agreement should contain that the adopter agrees to adopt the child, the person placing out the child agrees to give his child to the adopter and both sides agree to establish the adoption relation. This agreement is in triplicate, among which the adopter and the person placing out the child each holds one copy and the last one is held by the adoption registration agency when they transact the adoption procedure.

(3) If foreigners want to adopt a child in China, he should submit the adoption application with the report and certificate of his family information through an adoption organization in his country or organization authorized by his country to an adoption organization authorized by Chinese government. The report and certificate mentioned above means the following documents issued by the competent agency in his country and approved by the diplomatic establishments or approved by the organization authorized by the diplomatic establishments and at the same time approved by the Embassy of China in his country:

① Cross-country adoption application

② Birth certificate

③ Certificate of marital status

④ Certificate of occupation, salary and property status

⑤ Certificate of health status

⑥ Certificate of whether subjected to the criminal punishment

⑦ Certificate of the relative agency’s agreement with adopter’s cross-country adoption application of his country motivation

If a foreigner who has been working in China for more than one year wants to adopt a child, along with the documents mentioned above except the certificate of health status, he should also submit the certificate of marital status issued by his work unit or other relative agencies, the certificate of his occupation, salary or property status, the certificate of whether subjected to the criminal punishment and medical examination certificate issued by the medical organization above the county level in advance.

(4) Both sides involved in this adoption relation should transact the adoption registration in the Departments of Civil Affairs of province, autonomous regions or direct-controlled municipality in the registered permanent residence of the adopted. Also they should fill in the adoption application form of a foreigner adopting a child in China and submit the adoption agreement and at the same time submit the relative materials. The adopter should provide Notification of Adopting a Child in China issued by Chinese Adoption Center and the adopter’s personal ID and photos. After receiving the application of a foreigner’s adopting a child in China and the relative materials of the adopter, the person placing out the child and the adopted, the adoption registration agency should examine those materials within seven workdays and if the adoption condition accords with the Adoption Law and Registration Rules of A Foreigner’s Adopting A Child in China, the adoption registration should transact the adoption registration and issue the adoption registration certificate. The adoption relation sets up since the day of registration.

Registration agency of foreign adoption in Xi’an: The Adoption Registration Office of Department of Civil Affairs of Shaanxi Province

Address: Room 2008, F/20, No.102,Weiyang Road, Weiyang District,Xi’an  

Tel: 029-65652602