Abstract:
In 2024, China announced a significant halt to sending children abroad for adoption. This policy shift challenges the existing applicable law rule governing the termination of foreign-related adoption relationships. The use of the "habitual residence of the adoptee at the time of adoption" and the "forum" as connecting factors is based on the fact that China was once one of the world's largest senders of children for adoption, and expanding the application of Chinese domestic law could better protect the interests of Chinese adopted children and China's national interests. However, the problems are twofold. First, the application of the law of the adoptee's habitual residence at the time of adoption is not conducive to the flexible protection of children's rights and fails to consider the changing status of the weaker party in practice. Second, the abuse of the lex fori can easily lead to forum shopping and "lopsided adoptions". To overcome these limitations, it is recommended to remove the restriction on the "law of the adoptee's habitual residence" at the time of adoption, add the "country of nationality of the adoptee" as a supplementary connecting factor, restrict the application of the lex fori, and implement the principle of protecting the rights of the weaker party, in order to adapt to China's policy adjustments and practical developments, and pursue substantive fairness and justice.