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Politics of International and Domestic Adoption in China

Published online by Cambridge University Press:  02 April 2024

Kay Johnson
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Abstract

This article analyzes why the Chinese government turned to international adoption in the 1990s as a means to deal with increasing numbers of abandoned children in Chinese orphanages. Although many people involved in international adoption assume that Chinese families are unwilling to adopt the kinds of children who fill most Chinese orphanages, primarily abandoned girls, research indicates that many families in China are willing to adopt abandoned children, including girls. Yet legal requirements that adopters be over 35 and childless severely limited the number of families who could legally adopt children in the 1990s. While this did not prevent unofficial adoption in violation of the restrictions, it did keep adopters away from government orphanages, thus increasing the burden on those institutions. Restrictions on adoption are the result of birth planning efforts to prevent adoption from being used as a loophole whereby birth parents adopt out daughters in order to be able to try again for a son. The result of this policy has been to increase abandonment while decreasing the number of legally eligible adoptive families in China. International adoption has helped enlarge the pool of potential adopters without disturbing birth planning priorities. It has also helped provide needed funds for improving conditions in state orphanages. Although legal changes in 1999 eased restrictions on the adoption of abandoned children living in orphanages, a number of factors have limited actual change, while restrictions on adoptions outside of orphanages have been largely maintained. Birth planning authorities remain wary of liberalizing domestic adoption, and a decade of international adoption has institutionalized powerful interests that orient adoption from orphanages toward the outside rather than inside China. Nonetheless, China is slowly moving toward an adoption policy more in line with the Hague Convention's injunction to prioritize domestic adoption over international placement, turning to international adoption only when it is impossible to find domestic adoptive families.

Type
Papers of General Interest
Information
Law & Society Review , Volume 36 , Issue 2: Special Issue on Nonbiological Parenting , 2002 , pp. 379 - 396
Copyright
Copyright © 2002 Law and Society Association.

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Statutes Cited

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