| Adoption system is an important part of family law. By the impact of domestic politics, economy, culture, religion and even the influence of traditional historical, the entity laws of adoption are diverse in different countries. With the increase of the international adoption cases, the conflict in foreign-related adoption has become more and more obvious. The occurrence and development of international adoption makes the legal scholars face a new task. So, it is worth for the Scholars of private international law to study how to solve the conflicts in this field As a traditional nation of placing out for adoption, China has enacted some laws to solve these problems. In order to achieve international cooperation and assistance in international adoption, China joined<Respect of International Adoption Convention on Protection of Children and Cooperation> in2005.But we should realize that the application of law in foreign-related adoption still has some issues need to be inquired, relevant laws and regulations still need to be improved.The first part is the overview about application of laws to international adoption in China. It mainly analysis of the deficiencies of section28in <Law of the Application of Law for Foreign-related Civil Relations>.Such as the legislation on habitual residence is far from perfect, overlapping application should not be applied to the procedural elements in establishment of foreign-related adoption, the conflict rules of the termination of the adoptive relationship goes against the protection of the interests of the adopted children. The second part contrast two different types of legislation about application of laws about foreign-related adoption, one is dominate by jurisdiction, another is dominate by the principle of division. Through the contrastive study, we can find the advantages and disadvantages of different legislative types, and then we can choose suitable legislative mode for China. The third part is some legal suggestions and inspirations. Such as mending the rule of habitual residence, dividing the conflict rules of the substantial elements and the procedural elements, introduce the principle of children’s interests into the conflict rule apply to the terminate of international adoption. Only in this way, we can reduce and avoid the conflict of law, and protect our children in the greatest degree, make our children grow healthily both in body and mental. |
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