Certification of Ministry of Foreign Affairs of China about the Notarization of Domestic Relation

Certification of Ministry of Foreign Affairs of China about the Notarization of Domestic Relation

1.    Express certification of the notarization of domestic relation of Schengen country, German, will be handled within 1 day at the soonest.

Domestic relation means the mutual relation formed based on marriage, blood relationship, and adoption, which differs from common relation of friendship. The right and obligation will be generated among parties in the domestic relations admitted in law, with certain legal force. For example, in accordance with the Marriage Law of China, the obligation of fostering exists between husband and wife, parents and children.

The notarization of domestic relation means that according to the party’s application, the notary office with the license of foreign-related business verifies the authenticity and legality of the domestic relation between the applicant and the related person in accordance with law. It is mainly used in the entry-exit visa, when the citizens of China settle down, visit, study abroad, inherit a legacy, apply for labor’s compensation of injuries and deaths, and draw the pension overseas.

The notarization of domestic relation is governed by the domicile of the party, and the notarized content mainly is to prove the direct relative, the collateral relatives, or the affinity exists between the applicant and the related, and as long as the content belongs to the domestic scope regulated in the civil laws of China, the notary office could give the notarization, and if the party requires to notarize the cousin relationship, it could also be handled only the fact could be proved and investigated.

2.    The evidentiary materials should be provided by the party:

1.    The party’s ID card, residence booklet, and their copies, and the certificate recording the census register issued by the local police substation of the original domicile if the household registration has been canceled. If the applicant is a foreign people, it should submit the copy of the identity document of his native country.

2.    If the agent handles the notarization on behalf of the party, the letter of authorization and the agent’s ID card should be submitted.

3.  The certificate of domestic relation issued by the personal department, the organization department or the labor department in the party’s unit (if the party’s unit has not these departments, the certificate should be proved by the higher authority of the unit).

4.  If the agent applies for the notarization on behalf of the party, the letter of authorization, ID card and their copies must be provided, and the agent also needs to submit the certificate to prove the qualification of agency.

5.  The applicant must submit the related person’s ID card, passport, travel certificate, or other evidentiary material proving the related person’s identity.

6. Other certificates and materials required by notaries.

3.    Matters needing attention to handle the notarization of domestic relation:

1.    The title among relatives in the notarization should be uniformly legal in Chinese laws, and the localism is forbidden.

2.    The notary should examine the authenticity and legality of the generation of domestic relation to prevent that the application defrauds the notarization to go abroad by the fake “domestic relation”.

3.    Some countries such as Australia and New Zealand require that the Chinese citizens going to study abroad at their own expenses to their countries should provide the notarizations of domestic relation for all family members including parents, spouses, children, brothers and sisters. Under this situation, the party could apply for the notarization to the notary office, and the office should prove the party’s all family members, and their birth dates and residences according to law after investigating and verifying the truth.

4.    Relative laws and regulation of the country (region) using the notarization should be noticed. For example, if the parents handle the notarization of domestic relationship because their children are in Australia and they want to visit children or settle down in Australia, Australia government requires that the notarization should specify that “the applicant only have above children”, and the notary office should issue the notarization according to fact.