[kgembs]

Doing some internet research it appears we might have an age limit problem. I am 36 and my husband is 58..........the age limit appears to be 55.......will that apply to us even though I am 36yrs.

[happynifer]

i think China has a hard cap on the age limits (no-one under 30 or over 55) that they are enforcing.
i would talk to your social worker to see what countries will work in your situation.

[GoingtoChina]

I'm just guessing here... I thought there was a cap on the combined ages of the parents. It was somewhere around the 100, 105, 110 mark. I might be wrong though. I'm sorry, I guess that wasn't the least bit helpful.

[sak9645]

Some families have been approved by China if one spouse is 55+ and the other is considerably younger, especially if there is clear evidence -- such as strong savings and insurance -- that the younger spouse will not have financial problems if her spouse should die.

Your best bet is to call a number of agencies and see whether they will be willing to work with you. Some WILL reject you outright. Some may offer to contact China, explain your situation, and get a preliminary reading, which is not a bad idea. And others will simply accept you.

Do ask the agencies, when you contact them, whether they have worked with any families like yours in the past couple of years, and what age of child has been referred, if a child has indeed been referred.

Sharon

[kgembs]

thanks anyway for replying anyhow........it is great to just know others are out there and I am sure we will find our way to a child..........maybe another country??

[sak9645]

GoingtoChina:

China does NOT have any mathematical formulas regarding upper age limits. If you hear someone say that China wants the sum of the parents' ages to be lower than a certain number, you can be sure that it's an AGENCY formulation. Read my next post for miore information.

Sharon

[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

[kgembs]

Thank you for your information........if we find that China will not accept us do you have any other suggestions for us as far as country goes?

[drmalcolm]

Hi kgembs,
I think Guatemala is flexible with upper age limits; however, I think they expect adoptive parents over 50 to then also be flexible with the age of children they accept. I would imagine the fact that you are only 36 would also have some pull--in this case, it is not both parents who are over 50. Guatemala is very open to adoption by singles, so I can't see where two parents, even though one may be older, should be any more complicated than an adoption by just one parent.

I would continue to look into China, too, though. Do you have a strong family support system to help you in the event that something were to happen to one or both of you? That might work in your favor when presenting your situation to adoption agencies.

Best of luck! My parents were 15 years apart, and I really think I benefitted greatly from having a more mature parent.

[kgembs]

Yes, my family is great..........my folks and my brother and his family live around the block and my sister and her family live 30mins away and have both said that they would take our children if something happened to us. We also have insurance policies to that effect so here's hoping..........thanks for the info.......these forums are great.

[sak9645]

As to other countries, a lot will depend on the age of child you want to request and on how many agencies work there; some agencies are simply more flexible than others.

Someone suggested Guatemala, which is an excellent option. Of course, its program is a little less stable and organized, and it is a good deal more expensive than China's because of the requirement that agencies work with Guatemalan attorneys.

With Guatemala, you can work through the relinquishment program, where a birthmother relinquishes a child directly to a lawyer, who puts him/her into private foster care, if you want an infant or toddler. You can also work through the abandonment program, where you deal with a child who is already living in an orphanage. There are some toddlers, preschoolers, and older children available through this route.

Sharon

[janet_blue33]

I don't think you have anything to worry about. I'm 38 and my husband is 65. We have had no problems whatsoever. In fact, we chose China as this was one of few countries that would accept my husband's age. Our agency said that the the fact that I was younger made a big difference. We were asked to be willing to accept a child up to 24 months (which is mentioned in our home study) but in our family letter to China asked for a 6-12 month old. We have just been matched with an 11 month old baby girl.

[Trisha2]

wow! That's encouraging! I'm 39 and my husband is soon to be 46 and I thought it would be nice to be able to get a baby in the 8-12 month range - so maybe that would still be possible. I thought maybe his age would prevent it. Of course I would be happy with a baby of any age though!

[csw]

There is no upper age limit for Guatemala..some agencies, however..will set max age at 55 ..you could just find one that didn't have that limit..I know of a great agency who is having babies home in the 4 month old range if you want their name PM me...sounds like China would def. be an option..just call some agencies and see what they say..from what I was told they go by the youngest persons age..I am 41 and my husband is 46 and we were told because I am 41 we could still be considered for an infant under 12 months...which would be nice, since we have a 2 year old now..