The full adoption system is in operation. The former adoption system has many problems for adopted child. So the new system is expected to improve an adopted child's welfare.
The adoption system for the family or parents has been changed to the ad...
The full adoption system is in operation. The former adoption system has many problems for adopted child. So the new system is expected to improve an adopted child's welfare.
The adoption system for the family or parents has been changed to the adoption system for the adopted child. An adopted child acquires the status of legitimate child of the parents and the relationship between an adopted child and its parents on the side of its original family and their relatives of blood is terminated by a full adoption. The legal family relationship prior to an adoption is extinguished, and an adopted child gets the family name of his adoptive parent so that a legally completely new family relationship is created. As well, the court's examination and evaluation prior to an adoption is required to assure that an adopted child will grow up safe and healthy in an adoptive family.
For last year, Korean Legal Aid Center for Family Relations counseled cases relating to full adoption, the majority of which were on a request procedure, an age requirement, and the consent of birth parents. Especially the consent of a birth father was found to be a major hurdle through many cases where a birth father didn't consent or it was very difficult to get the consent of a birth father.
Many issues are to be resolved for the full adotion system, which was proved to be a success in other countries, to be fully established in our society.
First of all, people's mentality of patriarchism still needs to be changed, though patriarchism in law has been discarded to some extent.
And the requirements of a full adoption should not play a role hidden adoptions in light that the purpose of the full adoption system is to promote the well being of adopted children through the legalization and revitalization of adoptions. For example, the age limit of an adopted child and the provision about to get the consent of a birth parents need to be revised. Especially, the consent of birth parents need to be loosened or removed when birth parents purposely refuses to consent though they have not taken care of the child at all or have not communicated with the child for a quite long time. Also, it need to be revised to improve an adopted child's welfare after the destruction of adoption.
As for the dissolution of full adoption, there should be some measures for children who cannot have adequate for rearing environments after the dissolution. The current law merely states that the family relationship created by a full adoption is terminated and a previous family relationship revives upon the dissolution of full adoption.
The modern adoption system seeks after what's best for children, and our society has to improve the existing imperfect adoption system with the full adoption.