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Laura Wang- Beijing JingSh Law Firm, Guangdian Wenchuang Centre, CaiTian Road, FuTian District (6th-10th floor), Shenzhen (2026)

25/01/2021

Q: After the occurrence of "private adoption", if the adopter does not have the ability to support due to economic status, physical health and other reasons, or one of the adopters dies or divorces, the other party is unwilling to continue to support, or the adoptive parents both die, what should be done?

A: The adoptee may be brought up by the adopter or his relatives in a social welfare institution (except that the adoptee has full capacity for civil conduct). If their relatives meet the requirements of the adopter and are willing to adopt, they shall go through the adoption registration according to law.

Q: What will happen if the parties involved in the adoptive relationship cheat the adoption registration or they are involved in other situations of fraud?
A: In order to revoke the adoption registration certificate, the interested party, relevant unit or organization shall submit the application to the original adoption registration authority.

Q: 1. After the adoption relationship is established, can it be terminated at will?
2. Can we ask for the cancellation of the adoption after the economic conditions improve?

A: 1. If the adoptee has reached the age of eight or more, the adoptive relationship shall not be terminated, except with the consent of both parties.
2. After the termination of the foster care agreement, the adopter and the foster care giver may not write down the conditions even if the economic situation improves. However, if the child is over eight years old, the consent of the child must be obtained. Otherwise, even if both parties agree to terminate the adoption agreement, the agreement is invalid.

25/01/2021

Q:How to deal with the situation of the "private adoption"(without following the required process) of children by domestic citizens?
A: According to the following conditions:
1. If the adopter meets the conditions stipulated in the adoption law and adopts the abandoned baby or child without permission, who is not raised by social welfare institutions and whose parents can not be found, and the certificate of picking up is incomplete, the adopter shall apply to the Civil Affairs Department of the people's Government of the county (City) where the abandoned baby or child is found and fill in the certificate of picking up the abandoned baby (child), which shall be approved by the adopter's permanent residence The village (neighborhood) people's Committee confirmed that the township (town) people's government and the sub District Office examined and issued the "children's situation certificate", the local public security department inquired the picker and issued the "report certificate of picking up abandoned baby (children)", and the adopter held the above certificate and other supporting materials specified in the "Registration Measures for Chinese citizens to adopt children" (hereinafter referred to as the "Registration Measures") The Civil Affairs Department of the people's Government of the county (city) where the abandoned baby and child were found should register for adoption.
2、 If the adopter has the ability to raise and educate, is in good health, and has reached the age of 30, has children first, and then adopts the abandoned baby and children who are not raised by social welfare institutions and can not find their birth parents without permission, or adopts the abandoned baby and children who are raised by non social welfare institutions and can not find their birth parents without permission, and then gives birth to children, the adopter shall apply to the place where the abandoned baby and children are found The Civil Affairs Department of the county (city) people's government receives and fills in the certificate of picking up abandoned babies (children), and the local public security department issues the report certificate of picking up abandoned babies (children). The Civil Affairs Department of the people's Government of the county (city) where the abandoned baby or child is found shall make a public announcement to find its parents, and the social welfare institution of the place where the abandoned baby or child is found shall go through the admission registration procedures and register the collective household registration. For abandoned babies and children whose parents cannot be found, the adoption procedures shall be handled according to the adopted abandoned babies and children raised by social welfare institutions. It shall be confirmed by the village (residents) Committee of the place where the adopter's permanent residence is located, and the township (town) people's government and sub district office shall be responsible for examining and Issuing the party's "children's status certificate" before adoption. If a child born outside the adopter's policy is reported during the period of announcement or after adoption, the Department of population and family planning shall investigate and handle it. If it is beyond the policy, it shall be handled by the population and family planning department according to relevant regulations.
If there is no social welfare institution in the land, it can go to the institution designated by the Civil Affairs Department of the people's government at the next higher level.
3. If the adopter is less than 30 years old, but meets other conditions of the adopter, adopts the abandoned baby or child who is not raised by the social welfare institution without permission, and is willing to continue to raise the abandoned baby or child, he or she can apply to the Civil Affairs Department of the county (city) people's government or the social welfare institution where the abandoned baby or child is found, and sign the voluntary support agreement after registering the collective household registration The civil affairs department or social welfare institution shall undertake the responsibility. After the adopter reaches the age of 30, if he still meets the requirements of the adopter, he may apply for adoption registration.

19/01/2021

How to enforce a foreign divorce judgement in CHINA?
Questions:
1. If a legally effective judgment, ruling or foreign arbitral award made by a foreign court needs to be enforced by a Chinese court, how can the parties apply?
2. How long is the application period?

Answers:
1. The party concerned shall first apply to the people's court for recognition. After examination, the people's court makes an order to recognize it and then execute it.
2. The application period is two years. The suspension and interruption of the limitation of application for ex*****on shall be governed by the provisions of the law on the suspension and interruption of the limitation of action.
The period specified in the preceding paragraph shall be calculated from the last day of the period of performance specified in the legal document; if the legal document provides for performance by stages, it shall be calculated from the last day of each period of performance; if the legal document does not provide for the period of performance, it shall be calculated from the effective date of the legal document.

19/01/2021

The problem of jurisdiction
Questions:
1. In cases where both Chinese and foreign courts have jurisdiction, if one party brings a suit to a foreign court and the other party brings a suit to a court of the people's Republic of China, how should the people's court handle it?
2. After the judgment, if a foreign court applies or a party requests the people's court to recognize and enforce the judgment or ruling made by the foreign court on the case, what shall the people's court do?
3. If the judgment or written order of a foreign court has been recognized by the people's court, and the party concerned brings a suit to the people's court for the same dispute, how will the people's court handle it?

Answers:
1. The people's court may accept it.
2. The people's court shall not grant such permission, unless otherwise provided in the international treaties concluded or acceded to by both parties.
3. The people's court will not accept it.

12/01/2021

Q: which court has the jurisdiction over inheritance litigation in China?
A: Inheritance litigation belongs to the Court's exclusive jurisdiction. It shall be under the jurisdiction of the people's Court of the place where the decedent had his domicile at the time of his death or where his main estate was located.
Exclusive jurisdiction is a kind of territorial jurisdiction. The law stipulates that some cases must be managed by a specific court, and the parties can't change this by agreement. The jurisdiction is compulsory and exclusive. The provisions of exclusive jurisdiction around the world are mainly reflected in inheritance and real estate cases.

12/01/2021

Q: Can arbitration process be applied to succession cases? (Nope)

Q: An example of cohabiting relationship...Can Chinese girlfriends and foreign boyfriends inherit each other when they live together?
A: Generally, unlikely. The reason is that, under the cohabiting relationship, couples cannot serve as the first inheritor in line for each other like marriage couples do. However, only when one of the following two situations is met can the appropriate inheritance be shared. The specific amount can be negotiated between the heirs. If the negotiation fails, the court will make a judgment. According to the specific situation, it can be more or less than the heirs.
(1) One party lacks the ability to work and has no source of livelihood, and mainly depends on the other party (the heir);
(2) One party has more support for the other party (the decedent).

12/01/2021

Q: What is the standard of foreign-related inheritance?
A: Under any of the following circumstance, the people's court may determine a civil relation as a foreign-related civil relation:
1. Where either party or both parties are foreign citizens, foreign legal persons or other organizations or stateless persons;
2. Where the habitual residence of either party or both parties locate outside the territory of the People's Republic of China;
3. Where the subject matter is outside the territory of the People's Republic of China;
4. Where the legal fact that leads to establishment, change or termination of the civil relation happens outside the territory of the People's Republic of China; and
5. Other circumstances that may be determined as a foreign-related civil relation.

11/01/2021

The legal "divorce cooling-off period" is a very controversial topic in China, which arguably makes the divorce harder.
Q: What is the legal "divorce cooling-off period" in China?
How long does it take? Can husband and wife agree on a "cooling off period for divorce"? After the "divorce cooling off period", the couple did not apply for divorce, how to deal with it?

A: 1. "The party who is not willing to withdraw the divorce application from the divorce registration authority within 30 days" means that the party who is not willing to withdraw the divorce application from the divorce registration authority.
2. The legal time limit of "divorce cooling off period" is 30 days, and the husband and wife shall not extend, reduce or terminate the "divorce cooling off period".
3. If the application for divorce has not been withdrawn within 30 days after the expiration of the time limit, it shall be deemed that both parties have not applied for divorce in person.

11/01/2021

Q:
1. Can the husband and wife of a foreign-related marriage choose the applicable law of the property relationship by agreement?
2. If there is no choice, how to determine the applicable law of property relations?

A:
1. In the property relationship between husband and wife, the parties may choose by agreement to apply the law of one party's habitual residence, the law of the country of nationality or the law of the place where the main property is located.
2. If the parties have no choice, the law of the common habitual residence shall apply; if there is no common habitual residence, the law of the state of common nationality shall apply.

11/01/2021

Daily Q and A from Laura in marriage sphere in CHINA

Q:
1. In foreign-related marriage, if both men and women have common habitual residence, what kind of law is applicable to the marriage conditions?
2. What kind of law is applicable to marriage procedure?

A:
1. The conditions of Marriage:
（1） The laws of the common habitual residence of both parties shall apply;
（2） If there is no common habitual residence, the law of the state of common nationality shall apply;
（3） If a marriage is concluded without common nationality in one party's habitual residence or country of nationality, the law of the place where the marriage is concluded shall apply.
If one party has a common habitual residence in the UK and marries, the marriage law of the UK shall be applied to confirm the validity of the marriage.
If one party's nationality is Canada and gets married in Canada, the marriage law of UK shall be applied to confirm the validity of marriage.
2. Marriage procedures:
It is valid if it conforms to the law of the place where the marriage is concluded, the law of one party's habitual residence or the law of the country of nationality.

Laura Wang- Beijing JingSh Law Firm

25/01/2021

25/01/2021

19/01/2021

19/01/2021

12/01/2021

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11/01/2021

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