If parents cannot care for their newborn, the only legal option is to register the adoption with the civil affairs bureau: paying someone to hand over the child may be prosecuted as child trafficking, while abandoning the child constitutes abandonment.

20. If parents cannot care for their newborn, the only legal option is to register the adoption with the civil affairs bureau: paying someone to hand over the child may be prosecuted as child trafficking, while abandoning the child constitutes abandonment.

Cost: There is no monetary cost. However, submitting documents to a civil affairs bureau at or above the county level, waiting for review, and undergoing an adoption assessment all require time and effort.

In plain terms: There is a legal way out for parents who cannot raise their child, but it is limited to registering the adoption with the civil affairs bureau; the adoption relationship becomes official only on the date of registration. Privately handing over a child — especially for payment — can transform what appears to be “voluntary placement” into child trafficking, a crime punishable by a minimum sentence of five years. Conversely, leaving a child unattended and refusing to provide care may be classified as abandonment, carrying a maximum penalty of five years.

Benefit: Article 240 of the Criminal Law states: “Whoever traffics in women or children shall be sentenced to not less than five years but not more than ten years of fixed-term imprisonment and shall also be fined. In cases involving aggravating circumstances, the sentence shall be not less than ten years of fixed-term imprisonment or life imprisonment, with a fine or confiscation of property; in especially serious cases, the offender shall be sentenced to death, with property also confiscated.” Article 17 of the “Opinions on Punishing Crimes of Trafficking in Women and Children” clarifies how to distinguish between voluntary placement and trafficking, emphasizing that the decisive factor is whether the perpetrator seeks illegal profit. Three scenarios qualify as selling one’s own child: (1) using childbirth as a means to profit and then selling the child; (2) knowingly transferring the child to someone without any intention of raising him/her, solely for monetary gain; (3) accepting sums far exceeding reasonable “support fees” or “gratitude payments.” Conversely, if no profit motive exists and the transfer is motivated by genuine hardship, with only modest compensation paid, it remains lawful placement. Article 261 of the Criminal Law further stipulates: “Any person who, being obliged to care for an elderly, young, sick, or otherwise dependent individual, refuses to do so under egregious circumstances shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or public surveillance.” Under Article 1094 of the Civil Code, only three parties may legally place a child for adoption: guardians of orphans, child welfare institutions, and biological parents unable to care for their child. Finally, Article 1105 mandates that adoption must be registered with a civil affairs bureau at or above the county level; the adoption relationship becomes effective only upon such registration.

Evidence grade: A

Sources: National People's Congress (1997). Criminal Law (Articles 240, 261). <https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml>; Supreme People's Court of China, Supreme People's Procuratorate of China, Ministry of Public Security of China, Ministry of Justice of China (2010). Opinions on Punishing the Crime of Abduction and Trafficking of Women and Children in accordance with the Law (Fafa [2010] No. 7, Article 17). Supreme People's Court of China official website <https://www.court.gov.cn/fabu/xiangqing/977.html>; National People's Congress (2020). Civil Code (Articles 1094, 1105). Yancheng City People's Government reproduces the full text of the adoption chapter <https://xxgk.yczf.gov.cn/xzf/ycmzj/fdzdgknr/fgwj_41995/202112/t20211203_1506640.shtml>

Notes: This section does not address whether or not to have children; it solely outlines the legal pathway following childbirth. The recommended sequence is as follows: first, give birth in a hospital; prenatal care and delivery details are covered in Section 27. The birth certificate is a prerequisite for all subsequent procedures. Second, if placement is desired, contact the civil affairs bureau directly — never use intermediaries. Any transfer of money may alter the legal characterization of the act. Should suicidal thoughts or intentions to harm the child arise within the first year postpartum, immediate emergency care is required. A list of hospitals to visit during pregnancy and after delivery appears in Section 27, item 7. The 42‑day postpartum checkup also serves as a screening for postpartum depression (Section 27, item 16). In case of suicidal ideation, call 12356 (Section 1, item 25). No concrete case examples are provided here; official case studies involving trafficking of one’s own children were not individually verified for this edition, so only statutory provisions and excerpts from relevant opinions are cited.