Ceiling on age limit to adopt infant — Forums

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Ceiling on age limit to adopt infant?

Even though we’re finalizing the adoption of a beautiful Guatemalan boy, we’re already thinking about baby #2!

Chinese law specifies a mandatory minimum age for adoption. As you know, that minimum age is 30. There is no way around the law on this matter, and exceptions are never granted.

There are no upper age limits in Chinese law. The China Center for Adoption Affairs has given some upper age guidelines, which are as follows:

a) Infants under age 12 mo. are most likely to be given to people 30-44.

b) Young toddlers under age 2 are most likely to be given to people 45-49.

c) A single person cannot generally adopt if he/she reaches the age of 50.

d) A married person 50-54 needs to be open to a child over age three.

e) A married person 55 or over is unlikely to be referred a child.

Note that these guidelines do not say what China will do if one spouse is in one age category, and the other spouse is in another category. And there are NO Chinese guidelines that use formulas like the ages of the two parents, added together, must be under 95 for an infant.

However, China has always made it very clear that decisions with regard to the age of child referred will be made on a case by case basis. And, in fact, this is what seems to be happening.

In fact, here is what I have seen, based solely on referrals posted in places like a-parents-china:

1. While many people in the 30-44 age group receive infants, some do receive children up to age two.

2. While many people in the 45-49 age group receive young toddlers, some do receive infants.

3. In recent months, China has gotten more strict about not placing children with singles who have reached age 50.

4. While some married persons between 50 and 54 have received children over age three, others have received younger children.

5. When one spouse in a married couple is 55 or over, and the other spouse is significantly younger (say, early 40s), a child is sometimes referred.

6. If both spouses have reached 55, a child isn’t likely to be referred.

Do be aware that many AGENCIES have policies that are more strict than those of China. As an example, some agencies simply won’t accept dossiers from couples who are 45 or over and who want infants.

In some cases, those policies reflect an agency’s historic policies, applied to people adopting from any country or domestically.

In others, these policies seem to have developed because China has made it very clear that, if agencies consistently send inappropriate dossiers, those agencies will lose their right to place Chinese children.

In your specific case, you and your husband will have no problems, once your husband reaches 30, unless Chinese laws and policies change before then. You and he would definitely be eligible for an infant.

Ceiling on age limit to adopt infant - Forums

However, you DO need to understand that, although you may request a child under 12 months, there is no guarantee that China will refer one. And this is the case whether you are 30 or 45.

China puts all children from birth to age 2 in a single referral category. When you are matched with a specific child, it could be with any child from that category. Yes, it will look at your request, and at the age you are approved for in your homestudy report. But it may or may not grant you a child under 12 months of age.

And even if it does, remember that the child may have reached his/her first birthday by the time you travel to complete your adoption. Even the very youngest babies referred to families are generally 6 months old or older, and the average seems to be around 10 months of age.

So if you are bound and determined to adopt a child under 12 months of age, China may not be the best choice of country for you.

On the other hand, you should know that adopting a young toddler isn’t so terrible. You will still get lots of baby experience!

I adopted my daughter when she was 18.5 months old, and she was VERY much a baby. She weighed only 17 lb. She was definitely not toilet trained. She insisted on being fed, more from a desire for closeness, I suspect, than from a lack of ability to use utensils. She slept in a crib. And so on.

Yes, I missed seeing her first tooth erupt; she had ten when I got her. But I got to see her lose her first tooth, a few years later. Yes, I missed her first haircut, her first solid food, etc. But there were so many, many other firsts that I do not feel at all deprived.

Sharon

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Sharon, age 68

65 is the new 45!


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