헤이그 국제아동입양 협약과 주요국 입양법에 관한 연구

Abstract

Inter-country Adoption(hereinafter the Hague Convention) is not to facilitate domestic and inter-contry adoption but to govern the status of the adopted child to meet fundamental rights and best interests of the child. Korea where the overseas adoption is occupying the majority of whole adoption should accede the Hague Convention as soon as possible and establish national legal system in order to observe the fundamental right, treat a child in compliance with an international standard and child wellbeing becoming first priority in the whole adoption process regardless of domestic and inter-country. There are no uniform practices in each country's adoption laws. Every nations has gradually joined the Hague Convention and improved their domestic law system. The advanced nations have advanced the adoption policy in the respect of rights of the child from the parents' rights and preferred an opening to the public adoption. In the process, the special bilateral adoption as a form of paternity legal agreement and the general adoption form coexist. While weakening the legal relationship between the biological parents of foster and the adoptee, strengthening parental right and responsibility of the adopter are the common characteristics of the adoption systems The adoption policy of single, unwed mothers and the adoption revocation are different according to the democratization, political party propensity, cultural contexts, and human rights level etc. of the countries. But the policy is clearly embodying in the law. The actual condition which adoption system of the major countries have appeared commonly to have an priority on rights protection and for the best interests of the child not in the perspective of the adopter's right and open to the public adoption, and continue to improve their domestic law in order to implement the Hague Convention. In 21st century, the adoption system should focus on respecting the value of the second family relationships type forming with care and intimidate minds between the adoptee and the adopter each other and advancing legal and financial support between both of them in family community away from beyond the kinship and the patriarchal male-centered cultures of traditional thinking. Not owning a child as an object of the exercise of the rights of parents, the legal protection system must come to be prepared from the perspective of the child in order to ensure children's rights and best interests of the child and to assure the right to life and physical, mental and social safety and a happiness and healthy life of the child in the atmosphere when the adoptive parents love him/her. Regardless of international or domestic, adoption law should prohibit discriminate against any child and necessarily provide for children's opinion listening and the rights to life, educate, participate and development. Reminding that the opening adoption to the public to strengthen the legal․social relationships between the adopter parents and the adoptee refraining emphasis of kinship between biological parents and a child is being the short cut towards protection of human rights and welfare increase of the human being, the law will find the solution from the Hague Convention.