我国收养人条件立法的缺陷与矫正

On the Defects and Corrections of the Legislation on Requirements for Adopters in China

我国《收养法》中的收养人条件规定存在严重瑕疵,其实施结果与立法初衷相背离,既不能激励公民收养孤残弃儿童,也不利于被收养人的身心健康,甚至阻碍了公民合法收养行善,使绝大部分应被收养的未成年人未被合法收养。收养人条件立法应增加收养人品行良好、心理健康、未受过有期徒刑及以上刑事处罚,夫妻一方可单独收养其配偶的子女,外国人与中国公民的收养条件相同且须办理涉外收养公证等规定,将收养人年龄改为年满25周岁,明确收养人应有的具体能力,废除收养人无子女,只能收养一人,单身男性收养异性须年龄相差40周岁以上等规定。

There are serious defects in the requirements for adopters in China’s Adoption Law, and the result of the implementation of the Adoption Law is contrary to the legislative purpose. Neither it can encourage citizens to adopt orphans, abandoned or handicapped children, nor is it conducive to the adoptees’ physical and mental health. It has even impeded the good deeds of citizens’ adoption so that most of the minors who should be adopted are not adopted legally. The legislation should add some requirements such as having good behavior and mental health, not having been sentenced to fixed-term imprisonment or other heavier penalties. A person should be able to adopt children of his or her spouse independently. The adoption requirements for foreigners are supposed to be the same with Chinese citizens together with foreign-related adoption notarization. And the legislation should amend the age of adopters to over 25 years old, clarify the specific ability that the adopters should have. The following provisions should be abolished: the adopter must have no children or can only adopt one child;for single men who adopt girls, the age gap between them must be more than forty years.