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Part Ⅳ Family
Chapter III Parents and Children
Amended Date ： 2015.06.1
Where a person adopts the child of another as his own child, the adopter is called the adoptive father or adoptive mother and the person adopted is called the adopted son or adopted daughter.
The adopter shall be at least twenty years older than the person to be adopted; except when the husband and wife co-adopt and either of the husband or wife is twenty years older than the person to be adopted and the other sixteen years or older than the person to be adopted, the person can be adopted.
When either the husband or wife adopts the child of the other spouse, the adopter shall be at least sixteen years older than the person to be adopted.
None of the following relatives may be adopted as an adopted child:
- Lineal relatives by blood;
- Lineal relatives by marriage, except adoption of the other party's child by either the husband or the wife; or
- Collateral relatives by blood or marriage of a different rank, except where the former is within the sixth degree of relationship and the latter is within the fifth degree of relationship.
When the husband and the wife are to adopt a child, they shall do so jointly, except where one of the following conditions is met:
- Where he or she adopts the other party’s child; or
- One of the parties cannot make and accept the declaration of intention or his/her life has been uncertain for three years.
Except when being adopted by a husband and wife, a person shall not be simultaneously adopted by two persons.
Where either the husband or the wife is adopting a child, the consent of the other party shall be obtained; except when the party cannot make and accept the declaration of intention or his/her life has been uncertain for three years.
When the child is adopted, the consent of the parents shall be obtained; except when one of the following conditions is met:
- Where one or both of the parents, who shall but can not exercise the rights and assume the duties in regard to the child or did not protect the interests of the child, refuses to consent; or
- Where one or both of the parents in fact cannot make the declaration of intention and accept the declaration of intention.
The consent provided in the preceding paragraph shall be in writing and notarized, except where the person who petitions for the judicial declaration of the adoption can orally express the consent to the court and the consent shall be recorded in the court record.
The consent provided in paragraph one cannot attach with a condition or duration.
A minor of younger than seven years of age shall make the declaration of intention and accept the declaration of intention through his/her statutory agent when he/she is to be adopted.
A minor older than seven years of age shall obtain the consent of his/her statutory agent when he is to be adopted. The parents of the child to be adopted who have made and accepted the declaration of intention, or consent pursuant to the preceding two paragraphs on behalf of the child as a statutory agent, are able to waive the formality of providing consent pursuant to the preceding provision.
The relationship between an adopted child and his adoptive parents and their relatives is the same as that between a legitimate child with his parents, unless otherwise provided by law.
The rights and duties between an adopted child and his/her natural parents and their relatives is suspended during the period of adoption, except where one party of the husband and the wife adopts the other party’s child, the other party’s rights and duties to the child is not affected by the adoption.
After adopting the child, if the adopter marries the adoptee’s natural father or mother, the adoptive child resumes his/her rights and duties to natural parents; except the right obtained by the third party is not affected.
Where the adoptive child has lineal relatives by blood at the time of adoption, the effect of the adoption is limited to his/her minor and non-married lineal relatives by blood; except where before the adoption, the adult or married lineal relatives by blood consents. Consent provided by the preceding paragraph applies mutatis mutandis to the second and third paragraphs of Article 1076-1.
An adopted child assumes the surname of the adopter or will maintain original surname.
Where the husband and the wife co-adopt a child, before the registration of the adoption, both parties shall agree in writing regarding if the adopted child should assume the adoptive father or adoptive mother’s surname or maintain the original surname.
The second and fifth paragraphs of Article 1059 apply mutatis mutandis to the adoption.
Adoption shall be effected in writing and petitioned for the court’s approval.
The court shall not approve the adoption where the adoption is based on a ground that it is void, may be annulled, or violates other laws.