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I am curious about the adult adoption procedure.
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I am trying to proceed with an adult adoption. If there is no consent from the biological father, how does it proceed legally? Since I have continuously been unable to reach the biological father, I am troubled about how to resolve this issue. Is there any method or legal procedure to proceed with the adoption without obtaining the biological father's consent? If anyone knows, I would appreciate an answer.
Adult adoption
Answer to Related Inquiry
Author: 김국일
In the case of adult adoption, full adoption (chinyangja) is not possible, but general adoption is possible.
However, to proceed with a general adoption, the biological father's consent is required.
If the biological father does not consent, you must obtain a court decision through a 'petition for adjudication in lieu of parental consent' filed with the family court.
However, if you cannot reach the biological father, filing a petition for adjudication in lieu of parental consent may become difficult.
In such a case, efforts are needed to prove the fact that the biological father's consent was not obtained.
For example, you may proceed by requesting the biological father's consent to the adult adoption through certified content-proof mail and submitting his response to the court.
Once an adult adoption is completed, a legal parent-child relationship is formed, but the surname and family origin are not automatically changed.
If you wish to change the surname and family origin, you must separately file a claim for a change of surname and family origin with the family court.
However, since a change of surname and family origin is rarely permitted in the case of an adult, you should decide carefully.
For details on these procedures, we recommend that you explore specific response measures through a consultation with an attorney specializing in family law.
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