入養制度의 法規定 整備에 관한 提言

A Legal Study on Adoption

Civil Law stepped into the way of the full-adoption in Korea. That is, the adoptee by the full-adoption is regarded as ‘the child born among the marriage of the adoptive parents’. And the former relationship by blood and marriage is cut off. However, the full-adoption can be done in the child who is under 15 years old. More over, it’s possible in case the adoptive parents desires that. It’s doubtful if there is the effect that introduces the full-adoption as expected. The basic cause of this situation is maintaining the system of the general adoption-centered as a principle, and it was due to introduce the full-adoption exceptionally. According to the amendment of Civil Law by government, the permission of a family court has to be gotten to adopt the minor. However, the former relationship by blood and marriage is not cut off, it continues to exist still, and a surname of birth parents is continuously used. Therefore, the double measure is applied to the protection of the adoptees still in their minority by the law. If the adoptive system is understand as the social policy system for the welfare of the child, it shouldn’t depend on the international adoption any more. The domestic adoption has to be activated. In order to achieve this object, the consciousness of the people has to be changed and the social supporting systems like Civil Law and Special Adoption Act have to be revised. The full-adoption was adopted partially just now. All adoptees still in their minority must be protected and brought up like real children discriminately by applying the full-adoption. This is a main point of revision.