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Civil Code

Amended Date ：

2021.01.20

 

Chapter III Parents and Children

Article 1072

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.

 

Article 1073

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.

 

Article 1073-1

None of the following relatives may be adopted as an adopted child:

  1. Lineal relatives by blood;
  2. Lineal relatives by marriage, except adoption of the other party's child by either the husband or the wife; or
  3. 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.

 

Article 1074

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:

  1. Where he or she adopts the other party’s child; or
  2. One of the parties cannot make and accept the declaration of intention or his/her life has been uncertain for three years.

 

Article 1075

Except when being adopted by a husband and wife, a person shall not be simultaneously adopted by two persons.

 

Article 1076

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.

 

Article 1076-1

When the child is adopted, the consent of the parents shall be obtained; except when one of the following conditions is met:

  1. 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
  2. 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.

 

Article 1076-2

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.

 

Article 1077

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 or 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 or her rights and duties to natural parents; except the right obtained by the third party is not affected.

Where the adopted child has lineal relatives by blood at the time of adoption, the effect of the adoption is limited to his or her minor lineal relatives by blood; except where before the adoption, the adult lineal relatives by blood consents.

Consent provided by the preceding paragraph applies mutatis mutandis to the second and third paragraphs of Article 1076-1.

 

Article 1078

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.

 

Article 1079

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.

 

Article 1079-1

The court shall approve the adoption of the minor based upon the best interest of the adoptive child.

 

Article 1079-2

Where an adult is to be adopted, the court shall not approve the adoption if one of the following conditions is met:

  1. By performing the adoption there is an intent to waive legal duties;
  2. The adoption is proved to be unfavorable to the child’s natural parents; or
  3. Other grave reasons that are against the purpose of the adoption.
 

Article 1079-3

The effect of the adoption is retroactive as from the time that the court’s admission was finalized to the time when the contract of adoption was formed. Except, where the rights obtained by the third party are not affected.

 

Article 1079-4

The adoption is void if it violates Article 1073, Article 1073-1, Article 1075, Article 1076-1, paragraph one of Article 1076-2, or paragraph one of Article 1079.

 

Article 1079-5

If the adoption of a child violates the provisions in Article 1074, the spouse of the adopter may apply to the court for annulment of the adoption; however such application shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.

If the adoption of a child violates the provisions in Article 1076 or the second paragraph of Article1076-2, the spouse of the adopted person, or the child's statutory agent may petition the court for annulment of the adoption; but such petition shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.

The provisions in Articles 1082 and 1083 shall be applied mutatis mutandis to the adoption annulled by the judgment of the court pursuant to the provisions in the preceding two paragraphs.

 

Article 1080

The relationship between an adopted child and his adoptive parents may be terminated by mutual agreement of the parties.

The termination provided in the preceding paragraph shall be made in writing. Where the adoptive child is a minor, the termination shall be petitioned to the court.

The court’s approval of the adoption under the preceding paragraph must be based on the best interest of the child.

Where the adoptive child is a minor, termination of the adoption is effective at the time when the court’s approval of the termination is finalized.

If the adopted child is younger than seven years old, the intention to terminate the adoptive relationship shall be declared on his behalf by the person who will be his statutory agent after the termination of the adoption.

If the adopted child is a minor of more than seven years old, the termination of the adoptive relationship shall be subject to consent of the person who will be the child’s statutory agent after the termination of the adoption.

Where the husband and wife co-adopt a child, termination of adoption shall be done jointly. However the termination can be done independently if one of the following conditions is met:

  1. Either party, the husband or the wife, cannot make and accept the declaration of intention or his/her life has been uncertain for three years;
  2. Either party, the husband or the wife, is deceased after the adoption; or
  3. The husband and wife are divorced.

Where one party, either the husband or wife, terminates the adoption pursuant to the preceding paragraph, the effect of the termination does not extend to the other party.

 

Article 1080-1

After the death of the adopted parents, the adopted child may petition the court for approval to terminate the adoption.

If the adopted child is younger than seven years old, the petition to terminate the adoption shall be declared on his behalf by the person who will be his statutory agent after the termination of adoption.

If the adopted child is a minor older than seven years old, the petition for termination of adoption shall be subject to the consent of the person who will be the child’s statutory agent after the termination of adoption.

The court shall not approve the termination of adoption if the court determines that the termination is obviously unfair.

 

Article 1080-2

The termination of adoption is void, if it violates the second and the fifth paragraphs of Article 1080-2, or the second paragraph of Article1080-1.

 

Article 1080-3

If the termination of the adoption violates the seventh paragraph of Article 1080, the spouse of the person who terminate the adoption may petition the court for annulment of the termination of the adoption; but such petition shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.

If the termination of the adoption violates the provisions in the sixth paragraph of Article 1080 or the third paragraph of Article 1080-1, the person who is the child's statutory agent after the termination of the adoption may petition the court for annulment of the termination of the adoption; but such petition shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.

 

Article 1081

Where either party, the adoptive parents or the adoptive child, meets one of the following conditions, the court can terminate the adoption based on the petition of the other party, administrative authority or interested person:

  1. Where the party has abused and grossly insulted the other party;
  2. Where the party abandoned the other party;
  3. Where the party committed a crime intentionally and is sentenced to more than two years imprisonment without probation; or
  4. Where there is other grave reason that makes it hard to maintain the adoption relationship.

Where the adoptive child is a minor, the court shall terminate the adoption based upon the best interest of the adoptive child.

 

Article 1082

Where the adoptive relationship has been terminated by the judgment, and the innocent party is thereby reduced to difficulties in livelihood, he may demand payment of an equitable sum of money from the other party.

 

Article 1083

From the time of the termination of the adoption, the adoptive child and his or her lineal relative by blood who is affected by the adoption shall resume use of his or her surname, and the rights and duties to his or her natural parents and relatives. However, the rights obtained by the third party are not affected.

 

Article 1083-1

The court may apply mutatis mutandis to the Article 1055-1 when the court rules pursuant to the fifth paragraph of Article 1059, the second paragraph of Article 1059-1, the third paragraph of Article 1078, the Article 1079-1, the third paragraph of Article 1080 or the second paragraph of Article 1081.