Legal problems of adoptive families in China

Abstract

In the People's Republic of China, as in many other countries of the world, modern government policy in the field of family relations is focused on mobilizing the entire society to support families in raising children and supporting children left without parental care, including through placing children in foster care families. However, the legislation in the area of placement of children left without parental care is not perfect and requires a subjective assessment in terms of its compliance with the interests of children’s rights. This form of placement for children without parental care, like a foster family, has made in Chinese legislation relatively recently and is important for protecting the rights and interests of children without parental care. At the same time, the existing legislative rules ensuring the placement of children left without parental care in foster families are not perfect. Thus, the legal problems of placing children without parental care in foster families, related both to the restrictive framework that is imposed on the children themselves who are subject to placement in foster families, and the restrictive framework that is established for the foster families themselves (the age limit of parents, the number of children who can be raised in one foster family) deserve special attention. The article focuses on the legal problems of placing children without parental care in foster families. An analysis of existing problems has shown that there is an urgent need to modernize legislative norms related to placement in foster families in order to ensure the best and comprehensive interests of children, rather than maintaining the approach according to which the family becomes part of the bureaucratic and traditional framework, making it the last link in the implementation of state politicians.