Researching Into Problems Of Foreign Adoption

Since the beginning of the 1980s, More than 20,000 children are adopted by foreign countries each year. With the foreign adoptions increased, the countries involved has also increased.Due to political, economic, culture, religious beliefs and even the history of traditional foreign adoption system, the laws are sometimes different in each country. This creates a conflict of laws and legal application of the foreign adoption relationship. China’s foreign adoption starts to a late, but it develops at an alarming rate. Knowing about foreign adoption of the legislative system and the international community on the latest trends in foreign adoptions, has great practical significance to improve the Chinese foreign adoption related systems.The 1993 Hague Intercountry Adoption, the adoption of the Protection of Children and Cooperation Convention, has unusual significance. It has broad representation and universality, and it is a new international legal norms in adjusting the relationship of Intercountry Adoption. States can also be used as a reference to foreign adoptions,China has acceded to the Convention, therefore, China is obliged to follow the relevant provisions of the Hague Convention on Intercountry Adoption.In this paper, a comparative analysis of methods are applied to analyze the similarities and differences of Chinese and foreign countries about adoption system in order to get some inspiration. The paper points out the problems in chinese foreign adoption aspects, and gives some recommendations to improve our foreign adoption system, including the substantive law and conflict of laws.The innovation of this paper is:first, China should abolish the provisions that foreigner only can adopt one Chinese child. When the foreigner would like to adopt a Chinese child with disabilities, China should relax the adoption conditions. China should foreigners to adopt Chinese children with disabilities, to change the orphanage crowded conditions, to reduce the financial burden of the Government and the Children’s Welfare Institute. Second, China’s aging society has come, "four-two -one" pension model is worrying.Allowing the elderly to adoption of adults is not only beneficial to the elderly and to reduce the government burden, but also is conducive to the development of social stability.In addition to the introduction and conclusion, the paper is divided into five parts, the main contents are as follows:The first part narrates the foreign adoption, the adoption system of the common law and civil law are briefly introduced in the second part. The third part introduces the provisions of the Protection of Children and Cooperation Convention on the Hague Intercountry Adoption and China’s foreign-related adoption. The fourth part of Sino-foreign foreign adoption system were compared.The fifth part points out that the foreign adoption of the problems of China and gives recommendations to improve our foreign adoption system, from the substantive law and conflict of laws.