[Ulsan Family Law Counsel Assistance Case] Successful Full Adoption With the Help of Ulsan Family Law Counsel

The client who came to Ulsan family law counsel married after dating his wife.

However, the wife was in a second marriage and had a child with her former husband, and the client decided to raise the child together with his wife.

Although the child was not his own, the client wanted to be able to adopt the child between his wife and himself.

The client therefore visited Daeryun to carry out a full adoption with the assistance of Ulsan family law counsel.

■ Related Statutes Explained by Ulsan Family Law Counsel

▶ Article 908-2 (Requirements for Full Adoption, etc.)

① A person who intends to adopt a full adoptee shall petition the Family Court for full adoption, meeting the following requirements.

1. The persons shall be a married couple who have been married for at least three years and shall adopt jointly. This does not apply, however, where one spouse of a couple who has been married for at least one year adopts the biological child of the other spouse as a full adoptee.

2. The person to become a full adoptee shall be a minor.

3. The biological parents of the person to become a full adoptee shall consent to the full adoption. This does not apply, however, where the parents cannot give consent because they have been declared to have lost parental authority, their whereabouts are unknown, or there is some other reason.

4. Where the person to become a full adoptee is at least 13 years of age, that person shall agree to the adoption with the consent of the legal representative.

5. Where the person to become a full adoptee is under 13 years of age, the legal representative shall agree to the adoption on that person's behalf.

② In any of the following cases, the Family Court may grant the petition under paragraph (1) even without the consent under subparagraphs 3 and 4 of paragraph (1) or the agreement under subparagraph 5 of the same paragraph. In such a case, the Family Court shall examine the person entitled to consent or to agree.

1. Where the legal representative refuses consent or agreement without justifiable reason. Where the legal representative is the holder of parental authority, however, a ground under subparagraph 2 or 3 must exist.

2. Where the biological parents, for reasons attributable to themselves, have failed to perform their duty to support the child for at least three years and have not exercised visitation.

3. Where the biological parents have abused or abandoned the child or otherwise significantly harmed the child's welfare.

③ For the welfare of the person to become a full adoptee, where the Family Court finds the full adoption inappropriate in light of the rearing situation, the motive for the full adoption, the rearing capacity of the adoptive parents, and other circumstances, it may dismiss the petition under paragraph (1).

Ulsan family law counsel noted that the biological father had failed to perform his duty of support.

Counsel pointed out that the child's biological father had never seen the child and had never paid child support.

Ulsan family law counsel thereby emphasized the biological father's indifference toward the child.

Ulsan family law counsel argued that the child trusted the client rather than the biological father.

The client regularly made time to play with the child, and the child perceived the client as an affectionate father.

Ulsan family law counsel thus emphasized that the child regarded the client as a father and argued that the adoption should be granted.

Ulsan family law counsel argued the condition under the Civil Act that, where a biological child is adopted as a full adoptee, the persons must be a couple who have been married for at least one year.

The client and the client's wife had been married and living together for more than two years and were raising the child together.

Ulsan family law counsel argued that, because the two had shared more than two years of married life and had raised the child, they were suitable for a full adoption.

Ulsan family law counsel felt rewarded to see the client successfully complete the full adoption.

At Daeryun Law Firm, you can experience an organized system and the seasoned litigation experience of its attorneys.

If you are considering adoption as the client above was, you may request a consultation with Ulsan family law counsel at Daeryun Law Firm.