Information Management and Regulations of Child and Juvenile Adoption

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050014

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Article 1


These regulations are established in accordance with Paragraph 4, Article 21 of the Protection of Children and Youths Welfare and Rights Act (hereinafter called “the Act”).


Article 2


Central competent authority shall preserve following information.
1. Identification information:Names, registered addresses, residence addresses, ID nos., and other identifiable information of adoption givers, adopters, adopted children and juveniles and their relatives within three degrees, and people related.
2. Non-identification information::
(1) Work units and locations of adoption givers, adopters, adopted children and juveniles and their relatives within three degrees, and people related.
(2) Adoption application.
(3) Agreement of adoption giving and adoption
(4) Court attendance written records.
(5) Revaluation report for interviews with adopters.
(6) Revaluation report for interviews with adoption givers
(7) Application of adoption registration.
(8)A court’s judgment document court may approve or overrule a children and youth adoption; a confirmed verdict is a must, if any.
(9) case records and photos。
(10) Health information of adoption givers, adopters, and adopted children and juveniles.
(11) Intent letter for information release.。


Article 3


Child and juvenile adoption service provider, the authorized municipal agencies, county (city) government, welfare institutes for children and youth, other appropriate groups or professional personnel shall assist adoption givers and adopters in signing the intent letter of information release.
Adoption givers and adopters may sign or modify the intent letter of information release as needed. However, unless there is legitimate ground, any violations against the mutual written agreement of adoption givers and adopters shall not be allowed.


Article 4


Central competent authority shall coordinate following institutes or individuals to offer information of adoption giving and adoption.
1. Court.
2. The authorized municipal agencies, county (city) government.
3. Household registration offices.
4. Child and juvenile welfare institutes.
5. Child and juvenile adoption service provider
6.Adoption givers, adopters and adopted children and juveniles.
7. Other appropriate groups or professional personnel.
The foregoing competent authorities (institutions) and the individual person must provide the relevant information through telegram, facsimile or other technological telecommunication.


Article 5


Following types of identity shall apply to central competent authority for the offer of the information stated in article 2 by submitting application with attachment of ID document.
1. Adopted children and juveniles
2. Adoption givers or the natural parents of adopted children and juveniles.
3. Adopters
4. Interested parties
When there are errors in the information listed in article 2, those with identity stipulated in the preceding articles shall apply for revision and make-up with attachment of relevant certificates.


Article 6


Following guidelines will be followed for central competent authority to accept the applications for the information listed in article 2.
1. For the applicants whose ID conforms to subparagraph 1 of paragraph 1 in the preceding article: To provide after the identity is confirmed.
2. For the applicants whose ID conforms to subparagraph 2-4 of paragraph 1 in the preceding article: To provide after the identity is confirmed, and adoption givers or adopters agree to the intent letter of information release or the agreement is made afterwards. However, the offer will also be made after evaluation and ratification made by the committee of adoption information management if adopters or adoption givers disappear or die and no agreement is made.


Article 7


If it is evaluated that psychological harm will be made by providing the information listed in article 2, consultation guidance will be recommended prior to the offer of the information.


Article 8


Central competent authority shall offer kin finding service, and as per the request from adoption givers, adopters, adopted children and juvenile or interested parties, consultation transfer service for psychology, medical care and law etc. shall be provided.


Article 9


Central competent authority shall establish a committee of adoption information management to audit and evaluate following issues.
1. The issue regarding the proviso in paragraph 2 of article 3.
2. The issue regarding the identification of interested parties in subparagraph 4 of paragraph 1 in article 5.
3. The issue regarding the proviso in paragraph 2 of article 6.
4. Other issues regarding the controversy related to the information of adoption giving and adoption.
There shall be 9-17 members placed for the committee of adoption information management. One of them is to be the convener concurrently acted by someone sent from central competent authority. Other members will be selected by central competent authority from following groups.
1. Representatives of central competent authority and relevant institutes.
2. Representatives of private groups.
3. Academics and experts.
The ratio for above subparagraph 2 plus 3 in the preceding paragraph shall not be less than 1/2 of the total number of committee members.


Article 10


The forms and formats used in this law are to be stipulated by central competent authority.


Article 11


These regulations comes into effect as of October 1, 2005.
The provisions amended on April 20th, 2012 shall come into force as of the date of promulgation.