친양자 제도의 개선방향(사례를 중심으로)

Abstract

The full adoption system effective in January 2008 is intended to get rid of all kinds of discriminations between an adopted child and a birth child and to provide the same nurturing environment for an adopted child as for a birth child. The legal family relationship prior to an adoption is extinguished, and an adopted child gets the family name of his adoptive parent so that a legally completely new family relationship is created. As well, the court’s examination and evaluation prior to an adoption is required to assure that an adopted child will grow up safe and healthy in an adoptive family. The fact that as of August 2008, merely 9 months after the introduction of the full adoption system, 2006 requests for adoption were filed with the court nationwide shows that people wanted to get the full adoption system implemented. From January 2008 to August 2008, Korean Legal Aid Center for Family Relations (the “Center”) counseled 323 cases relating to full adoption, the majority of which were on a request procedure, an age requirement, and the consent of birth parents. Especially the consent of a birth father was found to be a major hurdle through many cases where a birth father didn’t consent or it was difficult to get the consent of a birth father. Many issues are to be resolved for the full adoption system, which was proved to be a success in other countries, to be fully established in our society. First of all, people’s mentality of patrilinealism still needs to be changed, though patrilinealism in law has been discarded to some extent. And the requirements of a full adoption should not play a role hindering adoptions in light that the purpose of the full adoption system is to promote the well being of adopted children through the legalization and revitalization of adoptions. The age limit of an adopted child and the requirement of a certain time period of marriage of adoptive parents need to be revised. The consent of birth parents need to be loosened or removed when birth parents purposely refuses to consent though they have not taken care of the child at all or have not communicated with the child for a quite long time. As for the dissolution of full adoption, there should be some measures for children who cannot have adequate rearing environments after the dissolution. The current law merely states that the family relationship created by a full adoption is terminated and a previous family relationship revives upon the dissolution of full adoption. In the above I have raised several issues and provided their tentative solutions based on the cases counseled in the Center. But more concrete solutions should be given through legislative acts, the court’s interpretation of pertinent clauses in favor of the well being of an adopted child, and the court’s commitment to take a guardian role. As well, a special institution needs to be established to provide counseling and supports on adoptions, to review adoptive families prior to an adoption and to administer after adoption matters. Continuing legislative and judicial reviews, efficient implementations, and the government’s diverse supportive measures are needed for the hard introduced full adoption system to overcome a social prejudice and promote the well being of adoptive families and adopted children.