CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to provide for special cases concerning the requirements, procedures, etc. for the adoption of children in need of protection and matters necessary for the support thereof, thereby contributing to the promotion of the rights, interests and welfare of the children to be adopted.
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| Article 2 (Definitions) |
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The definition of terms used in this Act shall be as follows:
| 1. |
The term "child" means a person under 18 years of age; |
| 3. |
The term "adopted child" means a child adopted under this Act; |
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| Article 3 (Responsibilities of the State, etc.) |
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| (1) |
Every child shall be raised healthily in the household to which he/she is born. |
| (2) |
The State and local governments shall support that a child can be raised healthily in the household to which he/she is born, and shall take measures to provide a child who has a difficulty to be raised in the household to which he/she is born with another household to which he/she can be raised healthily and support such measures. |
| (3) |
Every citizen shall cooperate in raising adopted children healthily. |
| (4) |
The State and local governments shall execute the following matters to establish a sound culture of adoption, to encourage domestic adoptions of children in need of protection, and to promote the rights, interests and welfare of adopted children, such as helping them smoothly adapt to the lifestyle of the adoptive family: |
| 1. |
Formulation and implementation of adoption policies; |
| 2. |
Surveys and research on adoption; |
| 3. |
Formulation and operation of the procedures for adoption and post management; |
| 4. |
Support for adopted children and adoptive homes; |
| 5. |
Provision of counselling and welfare services for smooth adaptation after adoption; |
| 6. |
Education and awareness for adoption; |
| 7. |
Other necessary matters prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 4 (Principle of Adoption) |
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Adoptions under this Act shall be conducted in such a way that the interests of children shall be a matter of the highest priority.
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| Article 5 (Adoption Day) |
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| (1) |
May 11 shall be designated as Adoption Day, and one week thereafter as Adoption Week, respectively, in order to settle a sound culture of adoption and to encourage domestic adoptions. |
| (2) |
The State and local governments shall endeavor to hold events and implement projects compatible with the objectives of Adoption Day under paragraph (1). |
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| Article 6 (Establishment and Operation of Information System) |
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| (1) |
For the purposes of providing adopted children, etc. with post adoption services and adoption agencies with information necessary to encourage domestic adoptions, the State shall establish and operate an information system. |
| (2) |
Operation of the information system referred to in paragraph (1) may be fully or partially entrusted to a corporation or organization. |
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| Article 7 (Preferential Promotion of Domestic Adoptions) |
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| (1) |
The State and local governments shall implement the policies, with the highest priority, in finding domestic adoptive parents for children whose adoption is sought. |
| (2) |
The head of an adoption agency shall take measures to find domestic adoptive parents for a child whose adoption is sought, as prescribed by Ordinance of the Ministry of Health and Welfare, and report the results thereof to the Minister of Health and Welfare. |
| (3) |
Where the head of an adoption agency fails to find any adoptive parents despite taking the measures for domestic adoption under paragraph (2), he/she shall provide domestic adoption services through the sharing of information with the relevant agencies by utilizing the information system provided for in Article 6. |
| (4) |
The head of an adoption agency may provide overseas adoption services, only if he/she fails to find a person to be the adoptive parent despite taking measures under paragraphs (2) and (3). |
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| Article 8 (Reduction of Overseas Adoptions) |
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The State shall endeavor to reduce overseas adoptions for the sake of implementing its duties and responsibilities to protect children.
CHAPTER II REQUIREMENTS FOR AND EFFECT OF ADOPTION
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| Article 9 (Eligibility for Adopted Children) |
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A child in need of protection who falls under any of the following subparagraphs may be adopted under this Act:
| 1. |
A person who does not have any guardian and whose protection is requested by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (limited to an autonomous Gu; hereinafter the same shall apply), to the assistance facilities prescribed by the Basic Livelihood Security Act (hereinafter referred to as "assistance facilities"), because it is impracticable to find any person responsible for his/her support; |
| 2. |
A person whose parents (or another lineal ascendant, if the parents cannot give consent due to death or other grounds) or guardians consent to the adoption, and whose protection is requested to assistance facilities or adoption agencies specified in Article 20; |
| 3. |
A child of a person who is deprived of parental authority by a court ruling, and whose protection is requested to assistance facilities by a Mayor/Do Governor or the head of a Si/Gun/Gu; |
| 4. |
A person whose protection is requested to assistance facilities by a Mayor/Do Governor or the head of a Si/Gun/Gu, because it is impracticable to confirm persons responsible for his/her support. |
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| Article 10 (Eligibility, etc. for Adoptive Parents) |
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| (1) |
A person who meets all of the following requirements may be an adoptive parent under this Act: |
| 1. |
He/she shall have sufficient financial assets to raise the adopted child; |
| 2. |
He/she shall allow the adopted child's freedom of religion, and have the ability to raise and educate him/her as a member of society; |
| 3. |
He/she shall have no criminal records concerning child abuse, family violence, sexual violence, narcotic crimes or other offenses, and shall not be addicted to any drug or alcohol; |
| 4. |
He/she shall be eligible as an adoptive parent under the law of his/her own country, if he/she is not a national of the Republic of Korea; |
| 5. |
He/she shall meet the requirements prescribed by Ordinance of the Ministry of Health and Welfare for the sake of the welfare of persons to be adopted. |
| (2) |
No person to be an adoptive parent shall cause a child to be adopted to be engaged in an occupation contrary to his/her welfare or any other occupation which might infringe upon human rights. |
| (3) |
Any person to be an adoptive parent shall complete a course of education prescribed by Ordinance of the Ministry of Health and Welfare to be conducted by an adoption agency, etc. before concluding the adoption. |
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| Article 11 (Permission from Family Court) |
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| (1) |
If a person intends to adopt a child who falls under Article 9, he/she shall obtain permission therefor from the family court by submitting the following documents: |
| 1. |
Birth certificate of the child to be adopted; |
| 2. |
Document to prove the eligibility prescribed in Articles 9 and 10; |
| 3. |
Written consent to the adoption given under Articles 12 and 13; |
| 4. |
Other documents prescribed by Ordinance of the Ministry of Health and Welfare for the welfare of the child. |
| (2) |
The family court may refuse to grant permission referred to in paragraph (1) in consideration of the motive, parenting competency, and other circumstances of a person to be the adoptive parent for the welfare of a person to be adopted. |
| (3) |
The documents required by the family court for permission of adoption stipulated in paragraph (1) shall be issued by agencies prescribed by Presidential Decree after examining and confirming the matters necessary for the preparation of the document, while the matters necessary for the preparation, etc. of the document shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) |
Matters necessary for the procedures for permission referred to in paragraph (1), examination, permission, etc. shall be prescribed by the Supreme Court Regulations. |
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| Article 12 (Consent to Adoption) |
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| (1) |
If it is intended to adopt a child falling under Article 4, the consent of his/her natural parents shall be obtained: Provided, That this shall not apply to any of the following cases: |
| 1. |
Where his/her natural parents are deprived of parental authority by a court ruling; |
| 2. |
Where the consent of his/her natural parents cannot be obtained due to their unknown whereabouts. |
| (2) |
Where natural parents cannot consent to adoption due to a cause provided for in the proviso to paragraph (1), the consent thereto shall be obtained from the guardian. |
| (3) |
Where it is intended to adopt a child falling under subparagraph 2 of Article 9, the consent to adoption of the Si having requested the protection shall be substituted for the consent to adoption under paragraph (1). |
| (4) |
Where it is intended to adopt a child of at least 13 years of age, the consent of the child shall be obtained in addition to that of the person authorized to consent under paragraph (1) or (2). |
| (5) |
The consent given under any of paragraphs (1) through (4) may be withdrawn before the permission referred to in Article 11 (1) is granted. |
| (6) |
The consent to adoption under any of paragraphs (1) through (4) and the withdrawal of the consent to adoption under paragraph (5) shall be made in writing, and the matters necessary for the consent shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 13 (Requirements, etc. for Consent to Adoption) |
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| (1) |
The consent to adoption under Article 12 (1) shall be obtained after one week from the date of birth of the relevant child. |
| (2) |
No money, nor property gains, nor any other benefit in return shall be given or received, or promised to be given or received, in return for the consent to adoption. |
| (3) |
Before obtaining consent to adoption under Article 12 (1), an adoption agency shall provide the natural parents with sufficient counseling services with respect to what kind of support is available if they raise a child directly and the legal effect of adoption, etc., and the contents, etc. of the counseling shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) |
Before obtaining the consent to adoption under Article 12 (4), an adoption agency shall provide a child to be adopted with sufficient counseling services concerning the effect, etc. of consent to the adoption, and the contents, etc. of the counseling shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 14 (Effect of Adoption) |
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A child adopted under this Act hall hold the same status as a child adopted through full adoption under the Civil Act.
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| Article 15 (Effectuation of Adoption) |
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An adoption under this Act shall take its effect by conclusion of a judgement on admissions by the family court, and the adoptive parents or adopted child shall file a report as prescribed by the Act on the Registration, etc. of Family Relationship, appending the written permission of the family court.
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| Article 16 (Cancellation of Adoption) |
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| (1) |
Where the natural father or mother of an adopted child cannot give consent to adoption under Article 12 (1) 2 due to any cause not attributable to himself/herself, he/she may file a claim for cancelation of adoption with the family court within six months after the date he/she becomes aware of the adoption. |
| (2) |
When a judgement on the claim for cancellation of adoption becomes final and conclusive or the judgement becomes effective, the family court shall notify such purport to the local government having jurisdiction over area in which the family court is located. |
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| Article 17 (Dissolution of Adoption) |
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| (1) |
Adoptive parents, an adopted child, or a public prosecutor may request the family court to dissolve the adoption, if any of the following cases arises: |
| 1. |
Where the adoptive parents abuse or abandon the adopted child or significantly undermine the welfare of the adopted child; |
| 2. |
Where it is impossible to maintain the adoptive relationship due to the inappropriate behavior of the adopted child toward the adoptive parents. |
| (2) |
If a child with regard to whom the dissolution of adoption is requested is at least 13 years of age, the family court shall hear and respect the adopted child's opinion. |
| (3) |
When the judgement on a claim for dissolution of adoption is confirmed or the judgement becomes effective, the family court shall notify such purport to the local government having jurisdiction over an area in which the family court is located. |
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| Article 18 (Overseas Adoptions in Korea) |
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A foreigner intending to adopt in Korea a child falling under any of subparagraphs of Article 9 shall, jointly with the guardian, apply for permission for adoption, to the family court having jurisdiction over the place of the registered domicile or residence of the child to be adopted, appending the following documents, as prescribed by Ordinance of the Ministry of Health and Welfare:
| 1. |
Birth certificate of the child to be adopted; |
| 2. |
Documents to prove the eligibility of the person to be adopted which is prescribed in Article 9; |
| 3. |
Documents on the family condition of a person to be an adoptive parent prescribed in Article 10 (1); |
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| Article 19 (Overseas Adoptions in Foreign Countries) |
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| (1) |
Upon receipt of a request from a foreigner, where the head of an adoption agency intends to provide adoption services to the foreigner, he/she shall file an application for permission to adopt a child with the family court, appending an emigration permit issued by the Minister of Health and Welfare. |
| (2) |
Where a foreigner residing overseas intends to adopt a child residing in Korea, he/she shall proceed with the adoption process through an adoption agency. |
| (3) |
When a child to be adopted has left Korea pursuant to an emigration permit and acquires the nationality of the adoptive country, the head of the relevant adoption agency shall report such fact to the Minister of Justice without delay, as prescribed by Ordinance of the Ministry of Health and Welfare, who in turn shall notify the agency for registration of family relationship having jurisdiction over the registered domicile of such child, to efface ex officio his/her nationality of the Republic of Korea. |
| (4) |
Upon receipt of the application referred to in paragraph (1), the Minister of Health and Welfare may refuse to issue an emigration permit in any of the following cases: |
| 1. |
Where a person to be adopted is a missing child, or is otherwise prescribed by Ordinance of the Ministry of Health and Welfare; |
| 2. |
Where the head of an adoption agency fails to conclude any agreement on the adoption affairs with the country of a foreigner who seeks the adoption or any adoption agency authorized by such country; |
| 3. |
Where the country of a foreigner who seeks the adoption is under a state of war or hostility with the Republic of Korea. |
CHAPTER III ADOPTION AGENCIES AND KOREA ADOPTION SERVICES
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| Article 20 (Adoption Agencies) |
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| (1) |
Any person who intends to operate an adoption agency shall be authorized by the Minister of Health and Welfare as a social welfare corporation under the Social Services Act: Provided, That any person who intends to provide only domestic adoption services shall be authorized by the relevant Mayor/Do Governor. |
| (2) |
Where any person intends to modify important facts prescribed by Presidential Decree in authorization under paragraph (1), he/she shall file a report on such modification. |
| (3) |
No foreigner shall be the head of an adoption agency. |
| (4) |
For the purposes of protecting the human rights of adopted children and establishing a sound culture of adoption, the heads of, and persons engaged in, adoption agencies shall periodically take refresher courses prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) |
When the head of an adoption agency concludes any agreement on adoption affairs with a country that is desirous of adoptions or an adoption agency authorized by such country, he/she shall report thereon to the Minister of Health and Welfare. In such cases, matters to be included in the agreement on the adoption affairs shall be prescribed by Presidential Decree. |
| (6) |
The standards for the facilities of adoption agencies and persons engaged therein and matters necessary for authorization, etc. or reporting on modification shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 21 (Duty of Adoption Agencies) |
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| (1) |
The head of an adoption agency shall protect the rights and interests of a person whose adoption is sought, and make every endeavor to find lineal ascendants, such as his/her parents. |
| (2) |
In mediating an adoption, the head of an adoption agency shall examine the matters prescribed in Article 10 with respect to persons to be adoptive parents. |
| (3) |
The head of an adoption agency shall educate persons to be adoptive parents for child rearing prior to the adoption and give custody of the adopted child and his/her personal records, etc. to the adoptive parents or the persons to be adoptive parents as prescribed by Ordinance of the Ministry of Health and Welfare, and then report the results thereof to the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu. |
| (4) |
For the efficient performance of adoption affairs and the establishment of a cooperative system among adoption agencies, the head of an adoption agency shall provide Korea Adoption Services established under Article 26 with information on the adopted children and their families, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) |
The head of an adoption agency shall keep records of the matters related to adoption affairs as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the records on the adoptions may be stored electronically. |
| (6) |
The records on adoption affairs prescribed in paragraph (5) shall be permanently preserved for post adoption services. |
| (7) |
The scope and details of information referred to in paragraph (4) and matters necessary for the preservation of records on adoption and digital records referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 22 (Guardian Duty of Head of Adoption Agency) |
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| (1) |
When the head of an adoption agency takes custody of a child to be adopted from the head of assistance facilities, parents, etc. to mediate the adoption, he/she shall be the guardian of such child until the adoption is completed from the day on which he/she takes custody of the relevant child: Provided, That this shall not apply where the court has already designated a guardian for the child to be adopted. |
| (2) |
In cases falling under paragraph (1), the exercise of parental authority shall cease when the parent gives custody of a child to be adopted: Provided, That it may be resumed when the person with parental authority withdraws his/her consent to adoption under Article 12 (5). |
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| Article 23 (Establishment of Legitimate Family Relationship) |
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If the head of an adoption agency takes custody of a child to be adopted without registration of family relationship, he/she shall undergo the procedures to establish a legitimate family relationship of the child.
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| Article 24 (Protection of Person, etc. whose Adoption is Difficult) |
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| (1) |
If any of the following persons exists, the head of an adoption agency shall report thereon to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu: |
| 1. |
A person whose protection is requested under subparagraph 2 of Article 9, and whose adoption is difficult; |
| 2. |
A person whose adoption under this Act is cancelled or whose adoption is declared dissolved, and whose guardian requests an adoption agency to protect him/her. |
| (2) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall take the protective measures for the person reported under paragraph (1) without delay under Article 15 of the Child Welfare Act. |
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| Article 25 (Provision of Post Adoption Services) |
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| (1) |
The head of an adoption agency shall provide the following post adoption services for one year after the adoption for the sake of mutual adaptation between adoptive parents and an adopted child: Provided, That the following subparagraphs shall not apply to overseas adoptions: |
| 1. |
Observing the state of mutual adaptation between the adoptive parents and adopted child and services necessary for the adaptation; |
| 2. |
Providing information necessary for rearing children in the adoptive family; |
| 3. |
Opening a window through which adoptive family members can obtain counselling at any time, and placing of a counselor therefor. |
| (2) |
The head of an adoption agency shall, through a cooperative agency of the relevant country, confirm whether an adopted child has acquired the nationality of the country to which he/she is adopted, and report the result thereof to the Minister of Health and Welfare through the president of Korea Adoption Services established under Article 26. |
| (3) |
The head of an adoption agency shall hold homecoming events and implement other programs prescribed by Presidential Decree for children adopted overseas. |
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| Article 26 (Establishment of Korea Adoption Services) |
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| (1) |
For the purposes of encouraging domestic adoptions and providing post adoption services, etc., the Minister of Health and Wealth shall establish and operate Korea Adoption Services. |
| (2) |
Korea Adoption Services shall be an incorporated foundation. |
| (3) |
For the establishment of Korea Adoption Services, its articles of incorporation shall be authorized by the Minister of Health and Welfare. The same shall also apply to the amendment to the articles of incorporation. |
| (4) |
Korea Adoption Services shall perform the following duties: |
| 1. |
Operation of an integrated database necessary for searching information on adopted children, adoptive families and natural families; |
| 2. |
Establishment of, and linkage between, database on adopted children; |
| 3. |
Research and development on domestic and foreign adoption policies and services; |
| 4. |
International cooperation works relating to adoption; |
| 5. |
Other duties entrusted by the Minister of Health and Welfare. |
| (5) |
Unless otherwise prescribed by this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to Korea Adoption Services. |
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| Article 27 (Executives, Employees, etc. of Korea Adoption Services) |
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| (1) |
Korea Adoption Services shall have no more than nine directors including one chairperson, and one auditor. |
| (2) |
The chairperson of Korea Adoption Services shall be appointed by the Minister of Health and Welfare. |
| (3) |
The president of Korea Adoption Services shall represent Korea Adoption Services and exercise overall control over its affairs. |
| (4) |
The chairperson of Korea Adoption Services shall concurrently hold the position of president thereof. |
| (5) |
Necessary matters concerning procedures for the appointment of directors, auditor and employees and their terms of office shall be prescribed by the Minister of Health and Welfare. |
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| Article 28 (Subsidization of Expenses) |
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| (1) |
The Government may subsidize expenses necessary for the establishment and operation of Korea Adoption Services within budgetary limits. |
| (2) |
Matters necessary for the use, etc. of the subsidy granted under paragraph (1) shall be governed by the Act on the Budgeting and Management of Subsidies. |
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| Article 29 (Request for Cooperation to Relevant Institutions or Agencies, etc.) |
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| (1) |
If necessary for performing duties, the president of Korea Adoption Services may request public institutions, adoption agencies, etc. to submit data. In such cases, the institutions or agencies upon receipt of such request shall comply with it unless any special reason exists. |
| (2) |
The data submitted to Korea Adoption Services under paragraph (1) shall not be used for any purpose other than for the performance of its duties prescribed in Article 26 (4). |
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| Article 30 (Guidance and Supervision of Korea Adoption Services) |
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| (1) |
The Minister of Health and Welfare shall guide and supervise Korea Adoption Services. |
| (2) |
The Minister of Health and Welfare may require Korea Adoption Services to report on the necessary matters with respect to its business, accounting and property, or direct public officials under his/her control to inspect books of account, documents and other things of Korea Adoption Services. |
| (3) |
A public official conducting inspections under paragraph (2) shall present a certificate indicating authority to the related persons. |
| (4) |
If deemed necessary as a result of the report made or inspections conducted pursuant to paragraph (2), the Minister of Health and Welfare may take necessary measures, including corrective order. |
CHAPTER IV SUPPORT FOR WELFARE OF ADOPTED CHILDREN, ETC.
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| Article 31 (Transfer of Custody of Children) |
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| (1) |
Where permission to adopt a child is granted by a court decision, the adoption agency or the parents shall transfer custody of the child to be adopted to new adoptive persons. |
| (2) |
In cases of overseas adoption, the custody of a child shall be transferred in the Republic of Korea unless any special ground prescribed by Ordinance of the Ministry of Health and Welfare exists. |
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| Article 32 (Receipt of Payment and Subsidy) |
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| (1) |
Adoption agencies authorized under Article 20 (1) may receive some of actual expenses incurred in mediation of adoptions from the persons to be adoptive parents, as prescribed by Presidential Decree. |
| (2) |
The State and local governments may subsidize all or some of the actual expenses required by the persons to be adoptive parents in mediation of adoptions referred to in paragraph (1). |
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| Article 33 (Prevention of Occurrence of Children in Need of Protection) |
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The State and local governments shall devise policies necessary to prevent the need to protect children so that the children can grow up in the household to which they are born.
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| Article 34 (Social Welfare Service) |
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For the purpose of making sound environments in which to raise adopted children, the State and local governments shall provide social welfare services, such as counselling or use of social welfare facilities, to the families which have adopted children through an adoption agency.
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| Article 35 (Payment of Child Benefits, etc.) |
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| (1) |
Where it is necessary to create sound environments in which to raise adopted children, such as handicapped children adopted through adoption agencies, the State and local governments may pay fostering allowances, medical expenses, educational fees and other child benefits, within the limit prescribed by Presidential Decree. |
| (2) |
The State and local governments may subsidize expenses incurred in operating adoption agencies and in protecting children at foster homes, in addition to the supply of assistance goods under the National Basic Living Security Act. |
| (3) |
Necessary matters concerning the payment of child benefits under paragraph (1) and the subsidies to cover the expenses incurred in operating adoption agencies and in protecting children at foster homes under paragraph (2) shall be prescribed by Presidential Decree. |
CHAPTER V DISCLOSURE OF INFORMATION ON ADOPTED CHILDREN, ETC.
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| Article 36 (Disclosure, etc. of Information on Adoption) |
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| (1) |
A person who has been adopted under this Act may request disclosure of information on his/her adoption which is held by Korea Adoption Services or the relevant adoption agency: Provided, That if a person who has been adopted under this Act is a minor, he/she shall obtain consent thereto from his/her adoptive parents. |
| (2) |
Upon receiving the request under paragraph (1), the president of Korea Adoption Services or the head of the relevant adoption agency shall disclose such information after obtaining consent from the natural parents of the adopted child: Provided, That where the natural parents refuse the disclosure of such information, he/she shall disclose such information other than the personal information of the natural parents. |
| (3) |
Where natural parents die or cannot give consent due to other grounds, if the information on adoption is required for a medical treatment of the adopted person or if exceptional circumstances arise, such information may be disclosed irrespective of whether the consent of the natural parents is obtained, notwithstanding the proviso to paragraph (2). |
| (4) |
The scope of information to be disclosed upon request under paragraphs (1) through (3), methods and procedures for requesting such disclosure, and other necessary matters shall be prescribed by Presidential Decree. |
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| Article 37 (Duty to Keep Confidentiality) |
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No person who works, or has worked, at Korea Adoption Services or an adoption agency shall divulge any confidential information which he/she has become aware of in the course of performing his/her duties: Provided, That disclosure of information on adoption under Article 36 shall be an exception thereof.
CHAPTER VI GUIDANCE, SUPERVISION, ETC.
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| Article 38 (Guidance, Supervision, etc.) |
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| (1) |
The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu shall guide and supervise operators of adoption agencies with respect to work under his/her jurisdiction, and, if necessary, may order them to report their work or to furnish relevant documents, or may direct public officials under his/her control to visit offices or facilities of the adoption agencies to inspect them or inquire to the related persons. |
| (2) |
A related public official who conducts inspection or inquiry under paragraph (1) shall carry a certificate indicating his/her authority and present it to related persons. |
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| Article 39 (Revocation, etc. of Permission) |
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| (1) |
Where an adoption agency falls under any of the following subparagraphs, the Minister of Health and Welfare or a Mayor/Do Governor may order it to suspend business operations for up to six months or revoke authorization granted under Article 20 (1): |
| 1. |
Where it ceases to meet the standards for facilities and employees referred to in Article 20 (6); |
| 2. |
Where it infringes on the rights or interests of the persons whose adoption is sought, in violation of Article 13 (3) or (4) or 21 (1); |
| 3. |
Where it fails to submit a report referred to in Article 38 without just cause, or submits a false report, or it refuses, interferes with, or evades an inspection; |
| 4. |
Where it violates this Act or any order issued under this Act. |
| (2) |
Detailed criteria for the administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare, taking into consideration the cause of such administrative disposition, degree of the offense, etc. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
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| Article 40 (Hearings) |
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Where the Minister of Health and Welfare or a Mayor/ Do Governor intends to revoke permission pursuant to Article 39 (1), he/she shall hold a hearing.
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| Article 41 (Delegation of Authority) |
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The authority of the Minister of Health and Welfare or Mayors/Do Governors under this Act may be partially delegated to Mayors/Do Governors or the heads of Sis/Guns/Gus, respectively, as prescribed by Presidential Decree.
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| Article 42 (Relation to Civil Act) |
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Except as otherwise provided by this Act, the matters concerning adoptions shall be subject to the provisions of the Civil Act.
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| Article 43 (Legal Fiction of Public Officials in Application of Penal Provisions) |
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CHAPTER VIII PENAL PROVISIONS
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| Article 44 (Penal Provisions) |
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| (1) |
Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won: |
| 1. |
A person who adopts a child without leave of the court, in violation of Article 11, 18 or 19; |
| 2. |
A person who provides adoption services without authorization, in violation of Article 20 (1); |
| 3. |
A person who divulges, without just cause, confidential information that he/she has become aware of in the course of performing his/her duties, in violation of Article 37. |
| (2) |
Any person who modifies an important fact among authorized matters without filing a report, in violation of Article 20 (2), shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won. |
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| Article 45 (Joint Penal Provisions) |
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If the representative of a juristic person, or an agent, employee or any other servant of a juristic person or individual commits an offense prescribed in Article 44 in connection with the work of the juristic person or individual, not only shall such offender be punished accordingly, but the juristic person or individual also shall be punished by a fine under the same provisions: Provided, That the same shall not apply in cases where the juristic person or individual has paid careful attention to and has not neglected to take due care or supervision in order to prevent such offense.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Adoption Services)
| (1) |
Korea Central Adoption Resources established as an incorporated foundation before this Act enters into force shall be deemed Korea Adoption Services established under this Act. |
| (2) |
All the property, rights and duties vested in Korea Central Adoption Resources as at the time this Act enters into force shall be inherited, as a whole, to Korea Adoption Services under this Act. |
| (3) |
The name of Korea Central Adoption Resources stated in registers or other public log books as at the time this Act enters into force shall be deemed the name of Korea Adoption Services under this Act. |
| (4) |
The value of the property inherited, as a whole, by Korea Adoption Services under this Act pursuant to paragraph (2) shall be subject to the book value as of the day before this Act enters into force. |
| (5) |
Employees of Korea Central Adoption Resources as at the time this Act enters into force shall be deemed employees of Korea Adoption Services under this Act. |
Article 3 Omitted.
Article 4 (Relationship with other Acts and Subordinate Statutes)
Where any other Acts and subordinate statutes cite the former Act on Special Cases concerning the Promotion and Procedure of Adoption or any provisions thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions hereof in lieu of the former provisions, if any provision corresponding thereto exists in this Act.
