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Related Laws
- The Protection of Children and Youths Welfare and Rights Act
- Civil Code
- Family Act
- Household Registration Act
- Enforcement Rules of the Household Registration Act
- Permit and Management Regulations for Children and Youth Adoption Service Providers
- Information Management and Regulations of Child and Juvenile Adoption
- Regulations Governing Visiting, Residency, and Permanent Residency of Aliens
- Act for Implementation of J.Y. Interpretation No.748
Announced Date：2012-01-11
CHAPTER 4 MATTERS CONCERNING ADOPTION
Article 114
With regard to matters concerning recognition of adoption, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopter or the adoptee; where the adopter does not have a domicile in the territory of the R.O.C., the jurisdiction to hear the proceedings may be exercised by the court for the place of the domicile of the adoptee.
With regard to matters concerning recognition of the termination of adoption, approval of the termination of adoption, or declaration of the termination of adoption, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopted child.
Article 115
Except as otherwise provided in the statutory law, with regard to matters concerning recognition of adoption, the adopter and the adoptee shall be jointly listed as the applicants.
The application for recognition of adoption shall, in a preparatory pleading or a transcript, indicate the adopter and the adoptee, the biological parents of the adoptee, and the spouse of the adopter or the adoptee.
The application provided in the preceding paragraph shall be accompanied by the following documents:
- the contract for adoption;
- National I.D., Household Registration Form, passport or other I.D.;
It is advisable that the application provided in the preceding paragraph be accompanied by the following documents:
- where the adoptee is a minor, documents evidencing the occupation, health or relevant assets of the adopters;
- where the adoptee is one party of a couple, the document showing the consent of the other party of the couple. Nonetheless, the forgoing is not applicable to circumstances provided in the last sentence of Article 1076 of the Civil Code;
- the document showing the consent of the parents of the adoptee who has been notarized. Nonetheless, the forgoing is not applicable to circumstances provided in the last sentence of Paragraph 1 and the last sentence of Paragraph 2 of Article 1076-1, and Paragraph 3 of Article 1076-2 of the Civil Code;
- where the adopter or the adoptee is a foreign national, the document showing the conformity of the adoption concerned with the relevant domestic law;
- the assessment report of the adoption and giving for adoption issued by a matching agent who has conducted visits and investigations.
Where a document provided in the preceding paragraph is made outside the territory of the R.O.C., it shall be verified and certified by an R.O.C. embassy or mission abroad; where such a document is in a foreign language, it shall be accompanied by duly authenticated Chinese translations.
Article 116
Prior to deciding on recognition of a minor to be adopted, a court may designate a period of time for the minor to live in the household of the adopter and to take account of the outcome; for such a period, the adopter shall exercise the rights and assume the obligations on behalf of the minor.
Article 117
A court ruling on recognition of adoption shall take effect upon its becoming final vis-a-vis the applicant and the persons covered by Article 115 Paragraph 2.
The authenticated copies of a ruling on recognition of adoption shall state that the ruling shall take effect upon becoming final.
Provisions in the preceding two paragraphs shall apply, mutatis mutandis, to matters concerning recognition, approval of an adoption or declaration of termination of an adoption.
Article 118
Where the biological parents of the adoptee are minors themselves and have yet to enter into marriage, prior to deciding on recognition of an adoption, a court shall grant the said minor parents as well as their statutory agents opportunities to be heard. Nevertheless, the foregoing shall not apply to situations where the circumstances render it manifestly difficult to be realized.
Article 119
Provisions in Articles 106 and 108 of this Act shall apply, mutatis mutandis, to matters concerning adoption.