Adoption

An ordinary adoptee is a person who has established a legal parent-child relationship and who holds the same rights in matters of status and property as a biological child.

That is, in all respects, including the duty of support, the right of inheritance, and entry in the family register, the adoptee has the same effect as a biological child.

For an ordinary adoption to be established, the following three requirements must be met.

Requirements to become an adoptive parent

Requirements to become an adoptee

An adoption does not take effect through agreement alone, and legal effect arises through a report under the Act on Registration of Family Relations (Article 878 of the Civil Act).

After the adoption requirements are met, the report may be filed at any time, and it may be processed in various ways depending on the method and place.

Information to Be Entered in the Ordinary Adoption Report

Documents to Be Attached to the Ordinary Adoption Report

Once an adoption is established, the adoptee legally holds the same status as a biological child, and relationships of blood and affinity with the adoptive parents and their family, as well as relationships of support and inheritance, newly arise.

In ordinary adoption, the relationship with the biological parents is also maintained.

Accordingly, the adoptee may become an heir of both the biological parents and the adoptive parents.

In addition, if the adoptee dies, the biological parents and the adoptive parents become co-heirs (Article 882-2, paragraph 2 of the Civil Act).

In the case of an ordinary adoptee, the surname and clan origin do not change.

However, where necessary for the welfare of the child, they may be changed to the surname and clan origin of the adoptive parents with the permission of the court.

Those who may file such a claim are the child, the parents, or, in the case of a minor, the legal representative and relatives, as well as the prosecutor (Article 781, paragraph 6 of the Civil Act).

A full adoption requires that all of the following requirements be met and that the permission of the family court be obtained.

While all of the above requirements are satisfied, permission from the family court must be obtained for the full adoption to be established.

The court grants permission after reviewing the following matters.

The report, together with the following documents, must be filed within 1 month from the date on which the court decision becomes final.

Information to Be Entered in the Full Adoption Report

Documents to Be Attached to the Full Adoption Report

A fully adopted child is regarded as a child born in wedlock to the married couple, and accordingly the surname and origin of the fully adopted child are changed to the surname and origin of the adoptive father.

The fully adopted child also becomes subject to the parental authority of the adoptive parents, and relationships of support and inheritance arise between the child and the adoptive parents and their blood relatives.

Full adoption, unlike general adoption, terminates the relative relationships existing prior to the adoption.

(However, where one spouse individually adopts the biological child of the other spouse, the relative relationship between that biological child terminates does not occur (proviso to Civil Act, Article 908-3, Paragraph 2).)

Adoption through an adoption agency refers to an adoption arranged by an adoption agency, in accordance with the Act on Special Cases concerning Adoption, of a child who has been separated from a guardian or is in a state unsuitable for parenting.

To proceed with the adoption, the written consent of the biological parents or guardian must be obtained, and if the child to be adopted is 13 years of age or older, the child's own consent is required.

Intercountry adoption refers to an adoption involving a foreign element, including adoptions between a Korean national and a foreigner within the Republic of Korea, or between a Korean national and a foreigner abroad. Under the Act on Private International Law and the Special Act on Adoption, intercountry adoption is carried out through strict requirements and procedures.

Governing law for intercountry adoption

Requirements for the establishment of intercountry adoption

Nullity of adoption refers to a case in which, even though an adoption report has been entered in the family relations register, the adoption has no effect from the outset because there is no agreement between the parties to the adoption or because there is a serious defect in the procedure.

Principal Grounds for Nullity

A null adoption is deemed not to have been established from the outset, and anyone may assert that the adoption was not established.

However, an action for nullity of adoption may be brought by the adoptive parents, the adoptee, the legal representative, or relatives within the fourth degree, and the family court has jurisdiction.

The kinship relationship arising from a null adoption is extinguished, and a right to claim damages may arise.

Cancellation of adoption refers to a system whereby, when certain legal grounds for cancellation exist after the adoption is established, a person entitled to seek cancellation brings an action before the family court to extinguish the adoption relationship prospectively.

Principal Grounds for Cancellation

Cancellation is possible only by a judgment of the family court, and it cannot be effected by a declaration of intent to cancel the adoption alone.

The family court determines whether to grant cancellation by giving the highest priority to the welfare of the minor, and upon the cancellation becoming final, the kinship relationship is extinguished from the time of cancellation and the parental authority that existed before the adoption is revived.

A claim for damages is also possible for losses arising from the cancellation.

Because full adoption is established through the permission of the family court on the premise of the consent of the biological parents, the concept of nullity of adoption does not apply.

However, where the biological parents were unable to give consent for reasons not attributable to them, they may claim cancellation of the full adoption within 6 months from the date on which they became aware of that fact.

Parties to the Action

The family court at the general venue of one of the adoptive parents has exclusive jurisdiction, and because the principle of compulsory prior conciliation applies, the conciliation procedure is undergone first.

Once the judgment cancelling the full adoption becomes final, the full adoption relationship is extinguished and the relationship with the biological parents that existed before the adoption is revived.

The effect of cancellation does not relate back to the date on which the adoption was established, but arises from the time the judgment becomes final.

An adoption cancellation report must be filed within 1 month after the final judgment, and the report form states the information on the parties, the date on which the adjudication became final, and the like.

This law firm includes numerous family law specialist attorneys registered with the Korean Bar Association, as well as specialist attorneys with an average of more than 10 years of experience.

In matters relating to adoption, the firm can provide comprehensive legal assistance throughout the entire process, ranging from confirmation of the child's eligibility to the examination of the adoptive parents' eligibility, the adoption consent procedure, permission from the family court, and post-adoption support.

If it is difficult to prepare for all the procedures on your own, you may proceed with the procedures more accurately and securely through the assistance of a family law attorney.