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익명출산으로 태어난 자에 대한 프랑스의 입양절차

Plenary Adoption(adoption plénière) on the Children born under Accouchement sous X(Anonymous Birth) in France

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In France, the regime of accouchement sous X allows a woman can enter a hospital, give birth, and leave her child in the hands of the authorities without giving up informations on her identity. All hospital expenses will be paid by the social welfare service department. The women can request for psychological support from a social center, and no ID is needed and there is no special investigation related to the mother's background. The children born under X will then be the state's liability. When it comes to adoption of the children born under X, It is provided in the Civil Code and the Code de l'aide sociale et des familles(CASF). It has the following characteristics. First, France currently permits closed adoption. Thus, it is necessary to pass on information which will not identity the mother from the day of birth and give this information to the adoptive parents. Second, It was used to plenary adoption(which is an alternate form of adoption which terminates the relationship between birth parent and child) and institutionalized adoption. Third, not parents but a statutory guardian who has a right adoption consent on the Children born under X. This exactly mean anonymous adoption. Fourth, mother’s child born under X are given two months to think things over anonymous birth and adoption. At last, it is necessary to the expiration of a six-Month period in which the child temporarily placed with the children born under X. After the expiration of a six-Month period, giving birth under X could facilitate the child’s adoption and guarantee the stability of the link: removed from his roots, the adopted child can’t be claimed by his parents by blood; he will have only one single family, which of his adopting parents. It is to prevent these crisis about origins, which make a large number of adoptees suffer and sometimes endangers their relationship with their adoptive parents.

Abstract

In France, the regime of accouchement sous X allows a woman can enter a hospital, give birth, and leave her child in the hands of the authorities without giving up informations on her identity. All hospital expenses will be paid by the social welfare service department. The women can request for psychological support from a social center, and no ID is needed and there is no special investigation related to the mother's background. The children born under X will then be the state's liability. When it comes to adoption of the children born under X, It is provided in the Civil Code and the Code de l'aide sociale et des familles(CASF). It has the following characteristics. First, France currently permits closed adoption. Thus, it is necessary to pass on information which will not identity the mother from the day of birth and give this information to the adoptive parents. Second, It was used to plenary adoption(which is an alternate form of adoption which terminates the relationship between birth parent and child) and institutionalized adoption. Third, not parents but a statutory guardian who has a right adoption consent on the Children born under X. This exactly mean anonymous adoption. Fourth, mother’s child born under X are given two months to think things over anonymous birth and adoption. At last, it is necessary to the expiration of a six-Month period in which the child temporarily placed with the children born under X. After the expiration of a six-Month period, giving birth under X could facilitate the child’s adoption and guarantee the stability of the link: removed from his roots, the adopted child can’t be claimed by his parents by blood; he will have only one single family, which of his adopting parents. It is to prevent these crisis about origins, which make a large number of adoptees suffer and sometimes endangers their relationship with their adoptive parents.

참고문헌 (21)

  1. 권재문, "입양특례법 재개정론에 대한 비판적 고찰 ― 베이비박스와 익명출산 ―", 법학연구, 22(1), pp.59~85 (2014), 법학연구소
  2. 김미경, "프랑스의 완전양자제도", 비교사법, 17(2), pp.1~34 (2010), 한국비교사법학회
  3. 김상용, "베이비박스와 익명의 출산- 가족관계등록법의 개정과 관련하여 -", 법학연구, 54(4), pp.315~341 (2013), 법학연구소
  4. 서종희, "익명출산제도에 관한 비교법적 고찰- 베이비박스를 둘러싼 논의를 중심으로 -", 법학논총, 27(2), pp.89~137 (2014), 법학연구소
  5. 이은희, "프랑스민법상 일반양자제도", 법학연구, 23(2) (2013), 충북대학교법학연구소
  6. 현소혜, "익명입양 제도의 문제점과 대응방안", 민사법학, 50, pp.547~594 (2010), 한국민사법학회
  7. Bonnet, "accouchement sous X", Journal de Pédiatrie et de Puériculture, (6) (1999)
  8. Colcelli, Valentina, "Constitution of the status of filiation, birth registration and the childs right to know his", her origin in the Italian legal system, Rivista Diritto e processo, 2012
  9. Courbe, Patrick, "droit de la famille" (2008), Dalloz-Sirey
  10. Coutinho, Joelle, "Anonyme Geburt und Babyklappen in Deutschland. Fallzahlen, Angebote, Kontexte" (2011), Deutsches Jugendinstitut
  11. Ethikrat, Deutscher, "Anonymous Relinquishment of Infants: Tackling the Problem: Opinion" (2009), Mercedes-Druck
  12. Lhuillier, Jean-Marc, "Aide sociale à l’enfance" (2009)
  13. Lowe, Nigel, "Bromley’s Family Law" (2007), Oxford
  14. Malaurie, Philippe, "Droit Civil: La Famille" (2008), ire Defrénois
  15. Masselot-Astruc, Anne, "Adoption: Le Guide Pratique" (2008)
  16. Murat, Pierre, "Droit de la Famille" (2010)
  17. Neirinck, Cl., "Juris-Classeur Code Civil", Art. 343 à 370-2, 20(2003), 21(2003), 30(2003), ~ (2003)
  18. Probert, Rebecca, "Cretney and Probert’s Family Law" (2009), Sweet & Maxwell
  19. Verdier, Pierre, "Guide de l’Aide sociale à l’enfance" (2008)
  20. Villeneuve-Gokalp, Catherine, "Les femmes qui accouchent sous le secret en France, 2007-2009", Population-F, 66(1) (2011)
  21. Wiesner-Berg, Stephanie, "Anonyme Kindesabgabe in Deutschland und der Schweiz" (2009)

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