Namyangju Attorney Referral | A Client Who Received Daeryun's Assistance Through a Namyangju Attorney Referral Succeeded in Dissolving a Full Adoption

The decisive reason the client decided to seek dissolution of the adoption was the divorce from her husband.

The client had maintained a common-law marriage with her husband before registering the marriage.

Her husband had two children, and at the same time as the marriage registration, the children were entered on the family relations register as full-adopted children (chinyangja).

However, due to differences in personality with her husband, arguments became frequent, and the conflict gradually worsened as he, among other things, shifted the responsibility for the second child's misconduct and waywardness onto the client.

In the end, the two decided on a divorce by agreement.

The client was concerned about issues such as child support and future inheritance after the divorce, and stated that, for this reason, she wished to dissolve the full adoption.

Similar to divorce, dissolution of adoption comes in two forms: 'dissolution by agreement' and 'judicial dissolution of adoption'.

Dissolution by agreement is the dissolution of the parent-child relationship arising from adoption through an agreement between the parties to the adoption.

Judicial dissolution of adoption is the dissolution of the relationship between adoptive parent and adopted child by a court judgment, where there is a ground for dissolution prescribed by law and the adoptive parent, the adopted child, or a person entitled to claim dissolution files a suit against the other party.

In the case of judicial dissolution of adoption, a claim may be filed with the court only where a ground prescribed by law exists.

The following are the relevant grounds prescribed in Article 908-5, paragraph 1 of the Civil Act.

Procedure for Reporting the Dissolution of a Full Adoption

① Filing the complaint with the court → ② Formally initiating the application after service upon the other party → ③ The defendant who received the complaint submits an answer within 30 days → ④ If no answer is submitted, the applicant's submissions are received

※ However, in the case of litigation, the claim must be filed within three years from the date the statutory ground arose and within six months from the date the relevant facts became known.

The children adopted by the client frequently skipped school and behaved poorly, including defying the client.

In addition, they said she was not qualified to be a mother and showed her no respect as a mother, which caused her extreme stress, and her husband, too, pointed to the client as the cause of the children's behavior.

As a result, the client suffered a deep emotional wound and endured severe headaches, and she even visited a hospital for treatment.

It was argued that this constituted a ground for judicial dissolution of adoption prescribed by law, namely a situation in which it was difficult to maintain the adoptive parent-child relationship.

When dissolving a full adoption, the court must be persuaded logically by presenting clear reasons for terminating the relationship.

Because clear grounds must be substantiated, proceeding with the assistance of an attorney specializing in this area is a way to handle the case and steer it in a favorable direction.

For each case, Daeryun forms a team of three or more dedicated attorneys and gathers evidence in a lawful and efficient manner.

We work to protect our clients' rights and to address their concerns, so if you need assistance, please feel free to visit Daeryun Law Firm at any time.