Common-Law Marriage and Adoption

Q&A with the Experts


Common-Law Marriage and AdoptionQ: My partner and I have been living together for 4 years now (we have been together about 6) but we are not married. We are considered as common-law man and wife. We really want to adopt from Asia, preferably China, but I understand you must be married? Does common-law usually count in these cases or not? It is difficult as all site refer to singles and married and I am not sure which camp we fall into.

A:  China requires couples to be married.  I don’t think they care whether you go through a marriage ceremony or go through a legal proceeding declaring that you are married by common law, but you will need to submit some form of documentation proving you are married.  Whatever documentation you submit will need to show that you have been “married” for two years if neither of you has been divorced, or five years if either of you has been divorced.

Some countries will accept a common-law marriage, or have a reduced required length of marriage for couples who were in a common-law marriage prior to legally marrying.  Check the adoption comparison charts or with an adoption agency for more information about that process.

Image credit:  Jurischk

25/11/2009 | by Q&A with the Experts | Categories: Adoption, Adoption Q&A with the Experts | 0 Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to Top ↑

Content created by Creating a Family. And remember, there are no guarantees in adoption or infertility treatment. The information provided or referenced on this website should be used only as part of an overall plan to help educate you about the joys and challenges of adopting a child or dealing with infertility. Although the following seems obvious, our attorney insists that we tell you specifically that the information provided on this site may not be appropriate or applicable to you, and despite our best efforts, it may contain errors or important omissions. You should rely only upon the professionals you employ to assist you directly with your individual circumstances. CREATING A FAMILY DOES NOT WARRANT THE INFORMATION OR MATERIALS contained or referenced on this website. CREATING A FAMILY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS or omissions in this information and materials and PROVIDES NO WARRANTY OF ANY KIND, implied, express or statutory. IN NO EVENT WILL CREATING A FAMILY BE LIABLE FOR ANY DAMAGES, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the use of the information or materials, EVEN IF CREATING A FAMILY OR ITS AGENTS ARE NEGLIGENT AND/OR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.