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The Protection of Children and Youths Welfare and Rights Act

Amended Date：2021.01.20

 

Article 14

The person who delivers the baby shall report the relevant birth information to the authorized agencies in charge of health for reference within seven days after the delivery of the baby.
If it is stillborn, the same applies.
If the person who delivers the baby fails to report with the complete birth information, he/she shall follow the reporting procedure as mentioned in the preceding paragraph.
The authorized agencies in charge of health shall forward the birth report specified in Paragraph 1 to the authorized agencies in charge of household registration for handling in accordance with the relevant regulations. If necessary, the authorized agencies in charge of household registration shall request the assistance from the authorized agencies, authorized agencies in charge of police, and other competent authorities.
The central authorized agencies in charge of health shall provide the relevant data sheet for the report specified in Paragraph 1.

 

Article 15

Adoption matching services can only be provided by incorporated foundations and public/private institutes for the placement and education of children and youth (hereinafter referred to as an adoption matching service agency) subject to the approval of the authorized agency.
An adoption matching service agency shall evaluate and arrange for the adopter and children and youth to live with or contact each other gradually in advance.
An adoption matching service agency that offers this service may charge a service fee from the adopter.
The central authorized agency shall enact regulations governing the qualifications for adoption matching service agencies, application procedures, issuance, revocation and cancellation of licenses, services range, examination of business and its management, closure, suspension, and resumption specified in Paragraph 1, the service specified in Paragraph 2, the charges and standards for charges specified in the preceding paragraph, and other regulations that shall be observed.

 

Article 16

Parents and guardians who are unable to take responsibility for their children’s maintenance and are considering adoption shall entrust an adoption matching service agency to search for an appropriate adopter. However, this provision shall not be applicable in the cases below:

  1. The seniority in the family is equivalent within six degrees of kinship of relatives or within five degrees of kinship of relatives by marriage.
  2. One of the parents adopts the other party’s children.

An adoption matching service agency shall conduct the interviews for the necessity of adoption before accepting the assignment and make an assessment report. If adoption is necessary after being assessed, the adoption matching service agency shall conduct the assessment of the adopter and provide the appropriate adoption measures, such as guidance and assistance. If adoption is inappropriate after being assessed, the adoption matching service agency shall provide or recommend relevant welfare services.

Adoption referred to in Paragraph 1 shall consider a domestic adopter as priority.

 

Article 17

When an appeal for the adoption of children and youth is made for approval in court, an adoption assessment report referred to in Paragraph 2 of the preceding article shall be submitted unless the provision referred to in Paragraph 1 of the preceding article applies. If the adoption assessment report is not submitted, the court shall order the applicant to submit the adoption assessment report in a certain period of time. If the adoption assessment report is not submitted within the given period of time, the appeal shall be rejected.
Before approving the adoption of children and youth, the court may take the following measures for its reference in decision-making:

  1. Order special municipal or county (city) authorized agencies, welfare institutes for children and youth, other appropriate groups or professionals to conduct interviews and make reports and proposals.
  2. Order the adopter to live with the children and youth for a certain period of time. During the period of living together, the adopter shall be responsible for or assume the rights and obligations for care of the children and youth in the adoption process.
  3. Order the adopter to attend preparation courses for parental education, mental appraisals, drug and alcohol tests or other necessary issues that protect the best interests of the children and youth; any expenses shall be at the cost of the adopter.
  4. Order special municipal or county (city) authorized agencies to investigate the identification information of abandoned children and youth.
      The interviewer referred to in Subparagraph 1 of the preceding paragraph shall assess the necessity of adoption and offer assistance as needed. If adoption is found to be unnecessary, the interviewer shall propose to the court not approving the adoption.
    The adopter or interested party for the adoption may also present the relevant information or evidence for the court’s reference.

 

Article 18

If parents have different opinions about the adoption of children and youth, or either parent’s whereabouts is unknown, one of the parents may still make an appeal for approval in court. The court shall approve the adoption if considering it to be in the best interests of the children and youth in question.
The court shall inform the special municipal or county (city) authorized agencies in writing of the approval or rejection of the adoption of children and youth in question. The special municipal or county (city) authorized agencies shall conduct the necessary interviews or make other arrangements and keep records accordingly.