


































Economics, Law and Policy 
ISSN 2576-2060 (Print) ISSN 2576-2052 (Online) 

Vol. 8, No. 1, 2025 

www.scholink.org/ojs/index.php/elp 

93 
 

Original Paper 

Discussion on the Introduction of Incomplete Adoption System 

in China Feasibility Analysis 

Shuangshuang Liu
1
 

1
 Political Science and Law, Tibet University, Lhasa, Tibet, China 

 

Received: March 29, 2025       Accepted: April 11, 2025      Online Published: April 13, 2025 

doi:10.22158/elp.v8n1p93               URL: http://dx.doi.org/10.22158/elp.v8n1p93 

 

Abstract 

This paper discusses the feasibility of introducing the incomplete adoption system in China. Firstly, it 

reviews the historical evolution of the adoption system, and points out that there were two modes of 

complete adoption and incomplete adoption in ancient Rome. Then, it introduces the incomplete 

adoption system in French law, including the substantive elements, procedural elements and the 

effectiveness of incomplete adoption. France’s incomplete adoption system emphasizes the 

preservation of the legal relationship between the adoptee and the biological parents, while giving the 

adoptee a legal parent-child relationship with the adoptive parents. The article further discusses the 

reference significance of the French incomplete adoption system to China’s adoption system. Through 

comprehensive analysis, this paper believes that it is feasible to introduce the incomplete adoption 

system in China. By drawing on the experience of France, China’s adoption system can be more 

perfect and flexible, providing better protection and support for minors and adoptees in special 

circumstances. By reasonably stipulating the substantive elements, procedural elements and the 

effectiveness of adoption, China can promote the development of family stability and social harmony 

while protecting the rights and interests of children. 

Keywords 

full adoption, incomplete adoption, civil Code  

 

The adoption system plays an important role in regulating kinship in society, which is also true in 

China. According to the provisions of the “Civil Code”, adoption refers to the legal act of a qualified 

adult citizen to legally adopt a minor child who meets the relevant conditions to establish a parent-child 

relationship (China Legal Publishing House, 2020, p. 61).  

 

 



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The rights and obligations between adopters and adoptees are stipulated by law, and the legal 

relationship between minor children and biological parents is also eliminated (Yang, A. Y. & Pan, L. 

Q., 2017, pp. 86-91).  

The adoption model adopted in China is the full adoption model, which means that the traditional 

family model of parents and children has been formed after adoption. This model plays an important 

role in cultivating and protecting children’s growth, meeting the emotional needs of adopters, and 

maintaining social stability. 

However, in practical applications, there are also some problems with the full adoption model. For 

example, some biological parents have to send their children because of special difficulties. Although 

they have deep feelings with their children, they make such decisions because they cannot be raised. In 

addition, adopted children may find it difficult to integrate and adapt in the new family. In addition, a 

single complete adoption system cannot solve all situations, especially with the diversification of social 

problems, the change of family patterns and the progress of traditional concepts, the connotation and 

function of the adoption system need to be moderately expanded. We should not only pay attention to 

raising minors, but also take into account the needs of raising the elderly and other special vulnerable 

groups. 

In order to better adapt to the reality, I think we can learn from the incomplete adoption model widely 

used in other countries. In this model, adoptive parents and adoptees can establish a parent-child 

relationship while retaining the adoptee relationship with biological parents. Such a model is more 

flexible, can better meet the needs of different families, play the social function of the adoption system.  

The adoption system is an important part of China’s civil family law. The global adoption system is 

mainly divided into complete adoption system and incomplete adoption system, which together affect 

parent-child relationship, family relationship and social stability. Although the full adoption system 

plays a key role in maintaining social harmony and stability, its shortcomings are becoming more and 

more obvious with the aggravation of the aging problem. Therefore, it is urgent to construct an 

adoption model based on full adoption and supplemented by incomplete adoption. 

 

1. Overview of Incomplete Adoption  

1.1 The Concept of Incomplete Adoption  

Adoption is a civil legal act in which a natural person adopts another person’s children in accordance 

with legal procedures to establish a similar parent-child relationship in law. From a legal point of view, 

the adoption behavior makes the two parties who have no blood relationship have a family parent-child 

relationship with legal effect, and from the perspective of social relations, the adoption creates a 

parent-child relationship that mimics the blood relationship. The explanations of these two perspectives 

are different, but both provide support for an accurate understanding of adoption.  

Globally, the adoption system can be divided into two modes: “full adoption” and “incomplete 

adoption” (Xuan, F. M., 2019).  



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“Complete adoption” means that the relationship of rights and obligations between adoptive parents 

and adoptive children is similar to that between biological parents and biological children, and the 

relationship of rights and obligations between adoptive children and biological parents and relatives is 

cut off. In short, after the establishment of the full adoption relationship, the parent-child relationship, 

the dependency relationship, the support relationship and the inheritance relationship are formed 

between the adopted children and the adoptive parents, but the legal relationship with the biological 

parents is interrupted. 

However, the “incomplete adoption” model is different. In this case, after the adoption relationship is 

established, the parent-child relationship between the biological parents and the adoptee is not 

cancelled, but the adoptive parents are added, that is, the adoptee has the rights and obligations of the 

parents and children between the biological parents and the adoptive parents. Zhang Yixing pointed out 

that the deficiency of the “incomplete adoption” system is that it cannot promote the healthy growth of 

young people, and it is difficult to meet the needs of the elderly for adopting adults. I believe that the 

establishment of an incomplete adoption relationship not only solves the problem of support for 

adoptive parents, but also takes care of the situation of biological parents, similar to the responsibility 

of a child to inherit two families at the same time, such as adoption or naming. The objects of adoption 

may include minors and adults.  

In view of the reality, China’s single full adoption model is no longer applicable to the basic national 

conditions of contemporary society. The introduction of the “incomplete adoption” model helps to 

improve the adoption system and can also achieve the goal of “childcare and old-age care”. This model 

takes into account the interests of adoptive parents, biological parents and adoptees, and is a more 

comprehensive and diversified choice. 

1.2 The Historical Evolution of Incomplete Adoption  

The origin of the adoption system can be traced back to the slave society, but its comprehensive 

development dates back to the Roman period. The adoption practice of “other rights holders” in Roman 

law laid the foundation for the modern adoption system. In ancient times, heirs had limited rights and 

interests in property, but through adoption, they were able to deprive the natural father’s family of the 

right to inherit, in turn obtaining the right to inherit the adopter’s family. In order to protect the rights 

and interests of the adoptees, in 530 A.D., Emperor Youdi I further reformed and established that the 

adoptees still retained the right to inherit the biological father’s family during the adoption process. 

This laid the foundation for the adoption system to be divided into two modes of complete adoption 

and incomplete adoption, and the incomplete adoption system was formally established.  

In ancient Rome, adoption was the way to obtain parental rights. Through this system, adoptees gained 

family membership and became potential heirs. However, incomplete adoption, as a special form, does 

not give all parental rights to adopters. In the absence of a succession restriction will or the liberation of 

the adoptee, the adopter has a dual status of inheritance in incomplete adoption. In this historical 

system, the focus is on the property status of the adoptee and the establishment of the right of 



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inheritance after incomplete adoption, aiming to protect its property interests. 

Compared with the incomplete adoption system in modern times, the system in ancient Rome 

highlighted the level of property inheritance. The modern incomplete adoption system pays more 

attention to the comprehensive family relationship, covering the maintenance of emotion, upbringing, 

support and other aspects. However, the incomplete adoption system in ancient Rome still provides 

historical background and reference for the development of modern legal system.  

1.3 The Characteristics of Incomplete Adoption System  

Incomplete adoption, as a new adoption model, has unique concepts and characteristics. Compared 

with traditional full adoption, it pays more attention to fully respecting the rights of biological families. 

Incomplete adoption does not mean the complete deprivation of biological parents’ rights, but through 

the establishment of a flexible family model, the adoptive family and the biological family are 

connected to each other to meet the different needs of the adopted children. In addition, incomplete 

adoption is also concerned with providing a stable and conditional family environment, so that adopted 

children can maintain a certain degree of contact with the biological family while protecting their rights 

and interests. 

Internationally, the incomplete adoption system has achieved positive development in some countries. 

As one of the pioneers of the incomplete adoption system, the United States has provided a clear legal 

basis and support system for incomplete adoption by establishing a detailed legal and policy framework. 

The UK emphasizes the flexibility and adaptability of the family and provides more support and 

psychological counseling for adoptive families and adopted children. In China, although the incomplete 

adoption system is still in its infancy, it has begun to attract the attention of relevant departments and 

society. In recent years, some local pilots have been promoting the practice of incomplete adoption, 

which has laid a foundation for China to explore a more flexible and adaptable adoption model.  

 

2. Dilemma Faced by China’s Adoption System  

2.1 The Number of Adoptions Is Small  

Data in recent years show that the number of adoption registrations in China has shown a downward 

trend. By the end of 2020, a total of 11,000 adoption registrations had been processed nationwide, a 

decrease of 2,000 compared with the previous year. Specifically, the number of adoption registrations 

in Hong Kong, Macao, Taiwan region and overseas Chinese is 31, which is 59 less than last year. The 

number of adoption registrations of foreigners was 63, which was 907 less than that of last year (Jiang, 

X. M., 1999, p. 13). 

2.2 Aging Population Is Serious  

From the perspective of population age structure, China has entered a moderately aging society. By the 

end of 2022, China’s working-age population of 16-59 years old will be 875.56 million, accounting for 

62.0% of the national population; the population aged 60 and above is 280.04 million, accounting for 

19.8% of the national population, of which the population aged 65 and above is 209.78 million, 



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accounting for 14.9% of the national population.  

That is to say, China’s population over the age of 60 accounts for nearly 20% of the national population! 

According to experts, China has entered a moderately aging society from a mild one. The acceleration 

of the aging process has brought about rapid changes in the labor structure, and has also caused rapid 

growth in public expenditures such as medical insurance and pensions, which has brought severe 

challenges to economic and social development. 

In the long run, the degree of population aging in China is deepening. In 2022, China’s new population 

is less than ten million, which is 9.56 million, while the new elderly population over 60 years old is 

12.68 million. The elderly population is growing, exceeding the new population of 3.12 million, and 

there is a further increasing trend. In 2022, the elderly population over 65 years old is 209.78 million, 

an increase of 9.22 million.  

That is to say, from the beginning of 2022, China’s population has not only entered a period of negative 

growth, but also entered a period of rapid growth of the elderly population. According to relevant 

statistics, from 1962 to 1975, China’s new population was 367 million, and these people will grow old 

in the next ten years. 

According to estimates, it is expected that during the “14th Five-Year Plan” period, the total number of 

elderly people aged 60 and over will exceed 300 million, accounting for more than 20% of the expected 

proportion, marking that China will enter the stage of moderate aging. In about 2035, it is expected that 

the elderly population aged 60 and over will exceed 400 million, accounting for more than 30% of the 

total population, marking that China will enter the stage of severe aging. The change of this 

demographic trend shows the aggravation of the aging problem in China, which puts forward more 

urgent challenges to social pension and medical care, and also emphasizes the importance of 

introducing incomplete adoption system to cope with the support needs of the elderly. 

2.3 Adoption System Is Not Perfect  

The dilemma faced by China’s adoption system is that the problem of aging is becoming more and 

more serious. The existing “full adoption” model is limited to the adoption of minors, which cannot 

meet the growing demand for adult support, especially in the case of low birth rate or childless elderly, 

children working far away or even abroad, and the old age support of middle-aged bereaved elderly. 

The problem will be difficult to solve quickly.  

Secondly, this model may damage the rights and obligations between the adoptee and the family of 

origin. According to the second paragraph of Article 111 of the Civil Code, the rights and obligations 

between adopted children and biological parents and other relatives are cancelled due to adoption. 

However, China’s “Adoption Law” stipulates that the object of adoption is limited to minors. For 

minors under the age of 14, even if the parents have passed away and there is no inheritance, they can 

continue to enjoy the right of inheritance. However, after they are fully adopted, they will not be able to 

inherit the inheritance due to the establishment of the adoption relationship, which may deprive them of 

their inheritance rights. For minors over the age of 14, if they cannot continue to be raised due to 



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financial difficulties or physical reasons of their parents, the choice of full adoption may affect the 

old-age care of their parents, and make these minors in trouble and difficult to make appropriate 

choices. 

In addition, the current system ignores the actual situation in China. In the early stage of our country, 

there were a large number of informal adoptions. Due to the lack of information, many lost children or 

children who could not be raised due to economic difficulties were actually adopted informally. 

However, due to the imperfect law, these children after actual adoption may face disputes and troubles 

in inheritance, adoption and other issues.  

 

3. The Practical Significance of Applying Incomplete Adoption in China  

With the social change and the diversification of family structure, it is of great practical significance to 

apply the incomplete adoption system in China. The following are several points of view:  

3.1 Meet the Needs of an Aging Society  

The incomplete adoption system can better meet the support needs of an aging society. Under the 

current complete adoption system, only minors can be adopted, and incomplete adoption can cover the 

adoption of adults, especially those who face no care in their later years. This will help to solve the 

problems of elderly life and care in their later years, and provide them with a more stable living 

environment in their later years. 

3.2 Safeguarding the Rights and Interests of Adoptees 

The incomplete adoption system helps to protect the rights and interests of adoptees. In full adoption, 

the legal relationship between the adoptee and the biological parents and relatives will be cut off, which 

may lead to the damage of the adoptee’s inheritance rights. The incomplete adoption model can provide 

additional support and care while retaining the legal relationship between the adoptee and the 

biological parents. In this way, adoptees can enjoy more family support and will not lose their original 

legitimate rights and interests due to adoption.  

3.3 Promoting Family Harmony  

The introduction of incomplete adoption system helps to maintain family harmony. In some cases, 

adoptive parents may face a choice between adopted children and children, resulting in contradictions 

and conflicts. Incomplete adoption can enable both parties to enjoy rights and reduce tensions within 

the family. A more balanced relationship between family members is conducive to family harmony. 

3.4 Adapt to Diverse Family Needs  

The incomplete adoption system can better adapt to the diverse family needs. The family structure of 

modern society is diverse, many people may face living alone, no children and so on. The incomplete 

adoption model provides these people with a reasonable choice of family support, which helps to meet 

their needs and also brings them more family care.  

 

 



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3.5 Solving the Problem of Non-Standard Adoption  

The introduction of the incomplete adoption system also helps to solve the early problems of 

non-standard adoption. By clarifying the legal channels of incomplete adoption, illegal adoption and 

maintenance disputes can be reduced and the rights and interests of the adoptees can be protected. This 

will contribute to the stability of social order, ensure that every adoptee can legally enjoy their rights 

and interests, and avoid falling into legal risks. 

 

4. The Foreign Experience of Incomplete Adoption System Is of Reference Significance to 

China’s Adoption System  

4.1 The Evolution of the Adoption System  

In ancient Rome, the adoption system was originally set up to inherit the family and inherit the family 

business, mainly including two modes of complete adoption and incomplete adoption. Full adoption 

means that the legal relationship between the adoptee and the biological parents is completely 

eliminated, and the status of the adopter’s legitimate children or grandchildren is obtained. With the 

change of the times, the concept of incomplete adoption appeared in the Justinian era, that is, to retain 

the relationship between the adoptee and the biological father’s family. France first regulated adoption 

in the “Napoleonic Code” promulgated in 1804, which laid the foundation of modern adoption law. 

However, with the social change and the importance of children’s rights and interests, the lack of 

incomplete adoption has gradually emerged, making the full adoption model universal and emphasizing 

the protection of children’s rights and interests. For example, China, Japan, Algeria and other countries 

have only a single provision for full adoption. The 1993 Hague Convention on Protection of Children 

and Cooperation in Respect of Intercountry Adoption vigorously advocates full adoption and prohibits 

the conversion of full adoption into simple adoption (Jiang, X. M. & She, G. H., 2001).  

4.2 Incomplete Adoption System in French Law 

France’s incomplete adoption system, also known as simple adoption, is divided into adopter 

conditions, procedural requirements, effectiveness and other aspects of the detailed provisions. 

Incomplete adoption emphasizes that the relationship between the adoptee and the biological parents is 

preserved, and the legal parent-child relationship between the adoptee and the adoptive parents is given. 

In terms of substantive requirements, France stipulates conditions such as the age of the adopter, the 

consent of the spouse, and the consent of the biological parents, while paying attention to the age and 

family situation of the adoptee. In the procedural requirements, the adoption needs to be examined and 

approved by the court to ensure the legal compliance of the procedure. Incompletely adopted the 

validity of the law clearly stipulates that the adoptee retains the inheritance rights of the original family, 

and at the same time bears the obligation to support the families of both parties. The adoption 

relationship also has the possibility of dissolution and invalidity, but the dissolution of adoption needs 

to consider multiple factors to ensure the protection of the legitimate rights and interests of all parties.  

 



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4.3 The Reference Significance of French Incomplete Adoption System to China’s Adoption System  

France’s incomplete adoption system has certain reference significance for China’s adoption system. 

France has fully considered the protection of children’s rights and the balance of family relations, 

emphasizing the legitimacy of the procedure and the participation of social institutions, thus protecting 

the rights and interests of both adopters. China can learn from France’s practice and appropriately relax 

the conditions for incomplete adoption to make it more flexible and applicable to various situations. At 

the same time, it emphasizes the participation of family and social institutions to ensure the 

transparency and legitimacy of the adoption process. For incomplete adoption in special circumstances, 

more attention can be paid to review and procedural guarantees to achieve the principle of the best 

interests of children. By drawing on the experience of France, China’s adoption system can be more 

perfect and flexible, providing better protection and support for minors and adoptees in special 

circumstances. 

 

5. Analysis of the Feasibility of Incomplete Adoption System in China  

At present, France and other countries have relatively perfect experience in the incomplete adoption 

system, which provides a useful reference for the introduction of the system in China. The following is 

the feasibility analysis and related suggestions for the introduction of the “incomplete adoption” system 

in China:  

First, revise the adoption principles and regulations. By amending the second paragraph of Article 1044 

of the Civil Code, China can add prohibitive provisions, such as prohibiting the sale of minors in the 

name of adoption, abusing the elderly, deceiving money, etc., in order to protect the legitimate rights 

and interests of the adopted person. This not only conforms to the principle of child protection, but also 

helps to improve the function of old-age care.  

Secondly, the scope of adoptees should be appropriately relaxed. At present, the object of adoption in 

China is limited to minors, but considering the social reality, the scope can be moderately expanded to 

allow adults to also be adopted. In particular, for young people who are economically difficult but are 

motivated and eager to learn, help should be provided to promote the cultivation of high-quality youth 

in society and realize the diversification of old-age care methods. 

Further, improve the adoption procedures and evaluation criteria. Clear adoption procedures and 

evaluation criteria help to guarantee the legality of “incomplete adoption”. It is recommended to amend 

the first and fifth paragraphs of Article 1105 of the Civil Code to clarify the conditions for adoption 

registration and the criteria for adoption assessment. Possible improvements include the introduction of 

concepts such as “adoption trial period” to ensure adequate assessment and adaptation period.  

Finally, learn from foreign experience, improve the legal provisions. France’s incomplete adoption 

system is more advanced in terms of inheritance rights. After the adoptee establishes a legal 

parent-child relationship with the adoptive parents, it does not affect the maintenance and inheritance 

rights with the biological parents. China can clarify the protection of inheritance rights under the 



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incomplete adoption mode by amending the second paragraph of Article 111 of the Civil Code to 

balance the rights and interests of all parties. 

In the history of our country, incomplete adoption has briefly emerged and played a certain role in 

judicial practice. However, after the founding of the People’s Republic of China, China’s adoption law 

has not incorporated incomplete adoption into the legal framework from the “Adoption Law” to the 

current “Civil Code”, but has adhered to a single complete adoption model. However, with a series of 

social changes such as the diversification of family structure, the decline of birth rate and the 

aggravation of aging problem, the complete adoption model has gradually failed to meet the actual 

needs. Therefore, the introduction of incomplete adoption model has become an inevitable historical 

trend.  

The introduction of incomplete adoption model is not to replace the complete adoption model, but to 

make a useful supplement on the basis of the complete adoption model. Incomplete adoption should be 

added to the “adoption” chapter of the “Civil Code”, which is located after the full adoption model. In 

terms of content, two modes of incomplete adoption of minors and incomplete adoption of adults 

should be clearly defined to meet the needs of different situations. 

In order to ensure the effective implementation of the incomplete adoption system, the conditions of 

adoption, the procedure of adoption, the legal effect of adoption and the termination of adoption should 

be clearly stipulated. Through clear legal provisions, we can protect the rights and interests of all 

parties in practice and reduce the occurrence of disputes. In short, the introduction of incomplete 

adoption model helps to adapt to the development and changes of the current society, better meet the 

needs of different families, and make the adoption system more comprehensive and flexible.  

 

6. Conclusion  

To sum up, the introduction of incomplete adoption system in China is feasible. It can effectively cope 

with the challenges of social change and family diversification, provide more appropriate support 

choices for the elderly and adults, promote the healthy development of society, and create a more 

harmonious social environment. The introduction of incomplete adoption system will continue to 

explore and improve in practice, and make positive contributions to the progress of China’s family 

system and the prosperity of society. 

 

 

 

 

 

 

 

 



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China Legal Publishing House. (2020). Civil Code of the People’s Republic of China (Practical Edition, 

p. 61). Beijing: China Legal Publishing House.  

Jiang, X. M. (1999). A Study on the Legal System of International Adoption (p. 13). Beijing: Law Press.  

Jiang, X. M., & She, G. H. (2001). Retrospect and Prospect of the Trend of International Adoption Law. 

Chinese Law, 2001(01).  

Xuan, F. M. (2019). On the French “incomplete adoption” system and its reference to China. Shanghai: 

Shanghai International Studies University.  

Yang, A. Y., & Pan, L. Q. (2017). Reflection and Reconstruction of Adoption Legislation in China 

under the Background of Civil Code Compilation. Journal of Neijiang Normal University, 32(1), 

86-91.  

Zhiyan Consulting. (n.d.). Analysis of the number of orphans, the number of adoption registrations and 

the development trend of child adoption in 2020, 2021. 

  


