In virtue of people’s weak legal concept, high cost of adoption, strict and cumbersome procedures and many other reasons, a large number of De facto adoption appeared in China in recent years.Because of the lack of formality of Adoption Law, De facto adoption bears “illegal adoption” reputation. In judicial practice, De facto adoption leads to the fierce conflict between law and moral and neither parties' rights are protected appropriately.In order to make our adoption legislation be in conformity with the actual situation of the society, we should introduce the prescription acquisition system and recognize the legal effect of De facto adoption to maximize the maintenance of the legitimate rights and interests of the adoption.