헤이그 입양협약 가입에 따른 국제입양절차 개편방안

A Revision Proposal of Inter-country Adoption Process According to Hague Adoption Convention

Although the number of inter-country adoption, whether inbound or outbound, is not small, quite poor is the regulation over inter-country adoption. As a result, the adoptees are not fully protected in the process of inter-country adoption. Therefore United Nations Committee on the Rights of the Child has recommended to accede to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(“Convention”). The Convention demands for designing a new inter-country adoption process, which is controlled by the State, not by private adoption agencies as expected by the Special Act on Adoption. This article is written for proposing a inter-country adoption process revision plan prior to accedence to the Convention. It deals with especially the identity and roles of Central Authority and public authorities, furthermore, the functions of accredited body which should be delegated from the Central Authority. The important factors of the allocation of roles in my consideration is the character of the functions, the size of the organization, the continuity of the work, the conformity with an entire legal system, and most of all, the best interest of an adoptee.