Researching Problems Of Application Of Law In Foreign Adoption

Adoption is civil juristic act that adopt other people’s children for one’s own based onLegal conditions and procedures, thus enacting and altering their civil rights and obligations.With the development of the society, adoption becomes a common phenomenon. The Chinesechildren adopted by foreigners increases year by year since late1970s，more than20,000each year. As our country is different with other countries all over the world, Hong Kong,Macao and Taiwan in legal background、social reality、economic life and thinking concept,the adoption system is quite different in many aspects. Along with the scope and scale of intercountry adoption expanding, the problem of legal conflict and application caused by foreignadoption is shaper. To solve the problem of legal conflict effectively, each country choosesdifferent applicable rules for foreign adoption law, thus the theory of personal law、lex fori thecourt law and so on is gradually formed. The Law of the application of law forForeign-related civil relations of people’s republic of China was promulgated in2011, tosolve legal conflict of foreign adoption and offer legal basis for children rights. This paperwill discuss the applicable rules of adoption law by case study, and analyze its merits anddemerits according to the regulations of our new law，then put forward some suggestions forperfecting relevant legislation.This paper involves four chapters, first introducing legal conflict of our foreignadoption law through a case, introducing international relevant legislation and latestdevelopment of applicable rules for foreign adoption and anglicizing and commenting itcombined with the case,then simply introducing development of our country’s foreignadoption, comparing the new law with the old to find its progress and deficiency, at lastreaching a conclusion and putting forward some suggestions for perfecting foreign adoptionlaw.The contents of four chapters as follows;Chapter one, first simply introducing what is foreign adoption, then giving a case andanalyzing its focus controversy to put forward applicable rules of foreign adoption law andthe main performance of legal conflict in our foreign adoption law. Chapter two, first introducing the main theory of foreign adoption applicable rules,including personal law、lex fori and lex loci act and so on, then introducing the latestdevelopment of foreign adoption applicable rules, such as principle of in favor of the adoptee,principle of the autonomy of the parties、principle of the most closely linked, at last simplyanalyzing and commenting the merits and demerits of these applicable rules for the lawcombined with the case.Chapter three, analyzing the old rules of our foreign adoption law and putting forward itsdefect, comparing the relevant rules of The Law of the application of law for Foreign-relatedcivil relations of people’s republic of China with the old rules combined the case，to find theprogress of foreign adoption applicable rules.Chapter four, as for the defect of applicable rules and the present situation of ourcountry, putting forward some suggestions for perfecting our foreign adoption law.