Anyang Attorney Success Story | Client Whose Full Adoption Was Dismissed Succeeds in Full Adoption Through Appeal

The account the client shared with the Anyang attorney was as follows.

The client divorced his former wife and remarried A, who had custody of a child.

He then filed a petition for full adoption, but it was dismissed at the first instance on the ground that ordinary adoption would be sufficient.

The reason was that, during the family investigation at the original trial, a telephone conversation was held with the child's biological father, who gave answers suggesting that the client might not be suitable for parenting,

and the child's autistic symptoms were taken to indicate that a close bond with the client had not been formed.

On this basis, he stated that he wanted to correct the misapprehension of fact and obtain the full adoption, and he requested the Daeryun Anyang attorney's assistance with the appeal.

A child adopted through ordinary adoption acquires the status of a child born in wedlock to the adoptive parents from the time of adoption, so the adoptee comes under the parental authority of the adoptive parents and forms kinship relationships with the adoptive parents' relatives. However, the previously existing kinship relationship with the adoptee's own biological parents is maintained as it is.

By contrast, in the case of full adoption, once the adoption is permitted, the kinship relationship with the biological parents is terminated, a legal parent-child relationship with the adoptive parents is newly formed, and the full adoptee's surname and origin also follow those of the adoptive father.

◇ Distinction between ordinary adoption and full adoption

During the marriage, the child's biological father inflicted assault and verbal abuse on the pregnant biological mother, and immediately after the birth as well, abusive situations such as shouting, profanity, and violent behavior frequently arose, so that the child was frequently exposed to violent circumstances.

The biological father's continued abuse is likely to have caused severe psychological trauma to the child,

and as a result, the attorney argued, the child showed abnormal symptoms, such as flinching and reacting very sensitively even to soft voices, gestures, or laughter, and being wary of people.

The client traveled a long distance every weekend to meet the child and served the role of the child's father.

In doing so, the child too opened up to the client and began to follow him as a biological father, and the attorney argued that a sufficient bond of attachment had been formed.

Unlike ordinary adoption, full adoption requires the permission of the family court, and because the kinship relationship with the biological parents is terminated, it proceeds in a very demanding manner.

To prepare the necessary materials for this, the help of an attorney can be helpful.

If you need help with this matter, please feel free to reach out to a Daeryun Law Firm Anyang attorney.