The legal definition of an orphan is:

1, children aged 0- 18 whose parents died or whose parents were declared dead by the court.

2. Children under the age of 0-1 8 whose parents are both dead and the other parent fails to fulfill the obligation of guardianship and care for more than1year.

3.0- 18 can't find the children of biological parents.

4. Children aged 0-1 8 whose parents have failed to fulfill their guardianship and care obligations for more than1year.

It can be seen that "orphans" are no longer minors who have lost their parents in a simple sense. In administrative management, orphans actually include minors whose parents are both dead (including being declared dead), minors whose parents are difficult to find (including being declared missing), and minors who have not been cared for by their parents for more than 1 year.

According to the adoption law, orphans refer to children and infants who have lost their parents under the age of 14.

Only two laws in China mention "orphans". One is the adoption law (revised 1998); The first is the Law on the Protection of Minors (revised in 2006).

The Adoption Law (revised in 1998) mentions the concept of "orphan" in five places, namely in Article 4 [8], Article 5 [9], Article 8, Paragraph 2 [10] and Article 13 [13].

Article 43, paragraph 2, of the Law on the Protection of Minors (revised in 2006) also mentions orphans, stipulating: "Orphans, minors whose parents or other guardians cannot be identified, and other minors who have no livelihood, shall be taken in and raised by child welfare institutions established by civil affairs departments."

The Ministry of Civil Affairs mentioned in1989 (Notice on Abolishing Some Civil Affairs Regulations and Normative Documents was abolished on 0/0/2000) and Interpretation of Main Indicators of Civil Affairs Statistics on 5 May that "orphans refer to minors under 0/8 years of age."

1August 992 1 1 The circular of the Ministry of Civil Affairs on strictly distinguishing orphans from abandoned babies whose biological parents cannot be found stipulates that "orphans in China's adoption law refer to minors under the age of 14 whose parents have died or whose parents have been declared dead by the people's court."

The Basic Norms of Children's Social Welfare Institutions, which was implemented in March, 2000 1 Ministry of Civil Affairs1,stipulates that "2. 1 children refer to1population under 4 years old." "2.8 It is stipulated that orphans refer to children who have lost their parents." On the whole, orphans refer to minors who have lost their parents 14 years old.

On March 29th, 2006, the Ministry of Civil Affairs and other 15 units issued the Opinions on Strengthening the Relief Work for Orphans, which stipulated: "There are minors (hereinafter referred to as orphans) who have lost their parents and in fact have no one to support them ..."

The Opinions also lists six forms of placement for orphans, even including homeless minors and minors whose parents are serving sentences.

Judging from the above provisions, the definition of orphans is mainly from the perspective of age and guardianship.

Extended data:

The Chinese government website 18 released the opinions of the General Office of the State Council on strengthening the protection of orphans. The opinion pointed out that local governments at all levels should, in accordance with the principle of being conducive to the healthy growth of orphans physically and mentally, adopt various ways to broaden the channels for the placement of orphans and properly resettle orphans.

Orphans are minors who have lost their parents and can't find their biological parents under 18 years old. By the local civil affairs departments at or above the county level according to the relevant provisions and conditions.

The opinion pointed out that it is necessary to establish and improve the orphan protection system and safeguard the basic rights and interests of orphans. It is necessary to establish a basic living security system for orphans, improve the level of medical rehabilitation security for orphans, implement the education security policy for orphans, support orphans' employment as adults, and strengthen housing security and services for orphans.

The opinion also pointed out that it is necessary to improve the facilities of children's welfare institutions, strengthen the construction of the work team of children's welfare institutions, give play to the role of children's welfare institutions, and improve the level of professional security.

The opinion emphasizes that local governments at all levels should attach great importance to the protection of orphans and incorporate the welfare of orphans into the overall plan of national economic and social development, relevant special plans and annual plans.

It is necessary to strengthen the leadership of orphan protection, improve the working mechanism of "government-led, civil-led, departmental cooperation and social participation", and timely study and solve practical difficulties and problems existing in orphan protection.

Orphans, quasi-orphans (or de facto orphans) are all children in trouble. According to No.4 document of China Children's Association 20 16, orphan-like (de facto orphan) refers to "school-age minors who have lost their guardianship due to special difficulties and meet the guardianship conditions".

Simply put, the de facto orphan is a child who has lost family care. In recent years, two extreme events occurred in Bijie and other places in Guizhou. The care and assistance for left-behind children and children in distress has attracted more and more attention from the whole society.

SOS Children's Village in China has three districts and three states. On the eve of Children's Day, a precise poverty alleviation campaign was launched in Daliangshan, Sichuan. China SOS Children's Village Association, together with Qingshan Charity Foundation, the media and friends who are easy to raise, went deep into the mountains to understand the situation of local children in distress, and brought the children who lost their parents' care back to the children's village, so that they could have a loving home again? .

The "three States and three districts" poverty alleviation activities for orphans in distress are not only a response to the call of the state and the Ministry of Civil Affairs, but also an inherent need for the development of children's villages.

Since 20 13, S0S children's village has stopped taking in and raising non-orphans, that is, stopping taking in and raising quasi-orphans (de facto orphans). Putian Children's Village has overcome many difficulties in the past two years and taken in and raised four children. It is of great significance in the development history of SOS Children's Village that Chengdu Children's Village takes in and raises children in distress in three key poverty alleviation areas.

International SOS Children's Village never emphasizes that the adoption must be "orphans". From the very beginning, SOS Children's Village was for children who lost family care. China Children's Village has followed this requirement for more than 20 years, and each village will have several "orphans" more or less.

Since the country implemented the orphan protection system in 20 10, the Ministry of Civil Affairs issued the document 189 in 20 12, and all children who entered the village before 20 13 were included in the national orphan protection system. The logic behind it is very strong: international organizations can support them in the past.

Now, China has an orphan protection system, which can better support and prevent a child from leaving the village, because China has implemented the orphan protection system.

Ministry of Civil Affairs of the People's Republic of China-Opinions on Strengthening the Protection of Orphans

Ministry of Civil Affairs of the People's Republic of China-de facto orphans, welcome home.