Researching Into Problems Of Application Of Law In Foreign Adoption

As early as eighteenth Century BC, Babylonian "Codex of Hammurabi" had adoption provisions.The meaning of legislation relating to adoption of no uniform provisions concerning the academic circles, there are mainly two kinds of views.One is the adoption as a legal act, two is adopted as the legal relationship.Generalized foreign adoption refers to where the adoption with foreign factors.If the adoptive relationship in a certain elements and other national or regional laws are linked, belong to foreign adoption.The narrow sense refers to the people or the foreign adoptive adoptee both nationality or habitual residence and have a different adoptive relationship.All adoption law to adopt the constitution had different rules, so that inter-country adoption in difficult to implement.Child benefit principle and segmentation theory principle is the basic principle of foreign-related adoption.In1993Hague international adoption convention adopted marks a real meaning to the adjustment of the International Convention for the birth of Intercountry adoption.China’s adoption law to their children’s interest, in all foreign adoption issues using overlap applicable approach, instead adopted is a complicated question.China’s Foreign-related Adoption Law is not perfect in our country foreign adoption process is very slow, not with the international adoption of norm.The author thinks, in consideration of their children’s interests at the same time consideration shall be given to the adopter’s interest, can be selected according to different conditions applied to the applicable method.So, in order to better the development and improvement of China’s adoption law.