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Related Laws
- The Protection of Children and Youths Welfare and Rights Act
- Civil Code
- Family Act
- Household Registration Act
- Enforcement Rules of the Household Registration Act
- Permit and Management Regulations for Children and Youth Adoption Service Providers
- Information Management and Regulations of Child and Juvenile Adoption
- Regulations Governing Visiting, Residency, and Permanent Residency of Aliens
- Act for Implementation of J.Y. Interpretation No.748
Intercountry Adoption Procedure
Non-relative Adoption
According to the laws of Taiwan, one should comply with the following regulations to adopt non-relative children::
- Unmarried person is allowed to adopt. The adopter shall be at least twenty years older than the person to be adopted.
- When the husband and the wife are to adopt a child, they shall do so jointly. When the husband and wife co-adopt, one of them must be twenty years older than the person to be adopted, and the other is sixteen years or older than the person to be adopted.
- Non-relative adoption shall be matched by legal adoption matching services agency, and cannot be done privately. The domestic adoption priority principle shall be implemented.
Friendly reminder to the following points:
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For foreigners who wish to apply intercountry adoption, you should find intercountry adoption agencies that cooperate with Taiwan in your countries, also you should be familiar with the international adoption regulations and laws within your countries and confirm the needed papers for the adoption process in your countries.
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When adopting through the adoption agency, the regulations of the agency shall be complied, such as age difference, marriage age, place of residence etc. The amount of service charge and way to pay are also different. Therefore, you can understand the requirements of the adoption agency first, and contact the agency to understand further details of the process.
Currently Taiwan only cooperates with the agencies of the following countries. You can click on Taiwan's legal adoption agencies and contact Taiwan's adoption agencies to learn more information. If your country is not within the list, you will not be able to adopt Taiwanese children.
- USA (American should finish PAIR Process first. You can get more information from AIT.)
- Canada
- Australia
- Sweden
- Netherlands
- Norway
- Denmark
- Germany
- Italy
Step-parent Adoption
According to the laws of Taiwan, when either the husband or wife adopts the child of the other spouse, the adopter shall be at least sixteen years older than the person to be adopted. If the adopter/adoptee is a foreigner, the laws of the countries where the adopter and the adoptee belong shall all be complied with. After confirming that the adoption qualifications of two countries are both met, the adoption procedure have to complete in the country of the adoptee first, and then the country of the adopter. American should finish PAIR Process first. You can get more information from AIT.
Relative Adoption
According to the laws of Taiwan, one should comply with the following provisions to adopt relatives’ children:
- Unmarried person is allowed to adopt. The adopter shall be at least twenty years older than the person to be adopted.
- When the husband and the wife are to adopt a child, they shall do so jointly. When the husband and wife co-adopt, one of them must be twenty years older than the person to be adopted, and the other is sixteen years or older than the person to be adopted.
- Adopters and adoptees must be collateral relatives by blood or marriage, where the former is within the sixth degree of relationship and the latter is within the fifth degree of relationship and their family ranks is commensurable to each other. If the relationship is not in accordance with rules/regulations, the adequate adopter shall be matched for the adoptee by legal adoption matching services agency.
If the adopter/adoptee is a foreigner, the laws of the countries where the adopter and the adoptee belong shall all be complied with. After confirming that the adoption qualifications of two countries are both met, the adoption procedure have to complete in the country of the adoptee first, and then the country of the adopter. Americans should finish PAIR Process first. You can get more information from AIT.
Intercountry Adoption Procedure
Following documents shall be prepared for intercountry relatives and step-parent adoption. Where a document is made outside the territory of the R.O.C., it shall be verified and certified by an R.O.C. embassy or mission abroad; where such a document is in a foreign language, it shall be accompanied by duly authenticated Chinese translations. Then petition the court where the domicile place of adopters/adoptee is registered when all documents are ready.
- Documents needed for the court:
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Adoption application
- Adoption agreement/ Adoption contract
- The household registration transcript for the adopter, birth parents and adoptee (The notes must be complete and cannot be omitted. Foreigners shall attach the identification document of their country of origin or Alien Resident Certificate of Taiwan).
- Documents may be required by the court and social worker interview:
- Health check certificate of the adopter (requires blood and urine check).
- Adopter’s police criminal record certificate (Taiwanese applicants should apply to the county and city police headquarters; foreigners should apply for a criminal record in their original countries).
- Adopter’s proof of property (e.g. employment certificate, certificate of deposit, ownership of real estate, tax certificate, insurance certificate, etc.)
- Related adoption regulations and laws of the adopter/adoptee's country of origin.
- The documents of the adoptee’s country of origin where shows the adoption is approved.
Relevant Resources
- Taiwan’s embassy or mission abroad (Where a document provided is made outside the territory of the R.O.C., it shall be verified and certified by an R.O.C. embassy or mission abroad; where such a document is in a foreign language, it shall be accompanied by duly authenticated Chinese translations)
EMBASSIES & MISSIONS - National immigration Agency (Related regulations for foreigners’ residence/stay in Taiwan)
Immigration Agency (Related regulations for foreigners’ residence/stay in Taiwan) - Regulations Governing Visiting, Residency, and Permanent Residency of Aliens
Laws & Regulations Database of The Republic of China