[sak9645]

Happynifer:

There are only two matters of age in Chinese LAW. One is that both spouses, or a single adoptive parent, must be at least age 30 in order to adopt. The other is that a single man who wishes to adopt a girl must be at least 40 years older than the child to be adopted; this does not apply to single men adopting boys. Because these subjects are a matter of Chinese law, there is absolutely no flexibility in them. NO ONE, for example, will be approved to adopt if he/she is under 20.

The China Center for Adoption Affairs also has what might be called policies and guidelines. Policies are those things that, while not a matter of law, are generally taken very seriously. As an example, the 8% quota on singles for the regular adoption program (not the Waiting Child program) is a policy that is always enforced. And lately, China seems to be treating an upper age limit for singles as pretty inflexible. It doesn't seem to be accepting any singles who have reached age 50 for its regular program (not the Waiting Child program.)

However, most of China's other pronouncements regarding age are more like guidelines for agencies. China has always made it clear that, when it comes to guidelines, it will always make final decisions on a case by case basis. As an example, China has made the following statements in the recent past:

1. People in the 30-44 age range are more likely to receive an infant under or around 12 months of age.

2. People in the 45-49 age range are more likely to receive a young toddler in the 13-24 month age range.

3. Married people 50-54 should be "open" to a child over age three.

4. Married people 55 and over will generally not be referred a child.

Note that China has never made a public pronouncement about what would be done if one spouse was in one age cohort and the other spouse was in another age cohort.

What has ACTUALLY been occurring, based on my observations from seeing referrals on the A-Parents-China listserv and elsewhere, is the following:

1. People in the 30-44 age group sometimes receive infants under 12 months and sometimes receive young toddlers in the 13-24 month age cohort.

2. While more 45-49 year olds receive young toddlers in the 13-24 month age cohort, some do receive infants under 12 months of age.

3. Married couples in the 50-54 age cohort sometimes receive a child over three, but a surprising number have received much younger children, usually young toddlers in the 13-24 month age cohort. This is partly due to the fact that some orphanages do not send dossiers of older children to the CCAA, figuring that foreigners won't adopt them.

4. Some married couples 55 and over HAVE received children, usually when one spouse is 55+ and the other is significantly younger.

As to what happens if neither spouse is 55+, but one spouse is in one age cohort and one is in another, it is all over the map. Some get infants, some get toddlers.


Sharon