Law Viewer

Back Home

SPECIAL ACT ON DOMESTIC ADOPTION

Act No. 19555, Jul. 18, 2023

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe special cases concerning the requirements, procedures, and others for domestic adoption of children subject to protection, and matters necessary for support therefor, in order to promote the rights, interests, and welfare of persons to be adopted and the adoptive families, and to promote the domestic adoption of children subject to protection in accordance with the principle of the best interests of the child., .
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "child" means a child defined in subparagraph 1 of Article 3 of the Child Welfare Act;
2. The term "child subject to protection" means a child subject to protection defined in subparagraph 4 of Article 3 of the Child Welfare Act;
3. The term "adopted child" means a child adopted under this Act;
4. The term "domestic adoption" means an adoption for which both a prospective adoptive parent and a child have their habitual residence in the Republic of Korea, and the child’s habitual residence do not move to another country as a result of the adoption;
5. The term "establishment of relationship" means connecting and designating a prospective adoptive parent to a child to be adopted in order to establish the relationship of adoptive parents;
6. The term "decision of temporary rearing" means a decision made by the Family Court that allows persons intending to be adoptive parents to temporarily rear the child to be adopted before it decides on whether to grant permission for adoption under Article 21;
7. The term "law of nationality" means the law of nationality prescribed in Article 16 of the Act on Private International Law of a prospective adoptive parent or a child to be adopted;
8. The term "National Center for the Rights of the Child" means the National Center for the Rights of the Child prescribed in Article 10-2 of the Child Welfare Act;
9. The term "integrated child information system" means an integrated child information system prescribed in Article 15-2 of the Child Welfare Act;
10. The term "information on adoption" means records on the progress of the adoption procedures under this Act and duties incidental thereto (including documents, other related documents or objects, photographs, video recordings, electronic records, and other special media records) and information prepared and managed in electronic form using an integrated child information system to proceed with such procedures.
 Article 3 (Principle of Adoption)
(1) Every child shall be raised healthily in the home in which the child is born.
(2) Adoption under this Act shall be conducted in a way that the interests of children are a matter of the highest priority.
 Article 4 (Guarantee of Hearing Opinions of Children)
When a child is to be adopted under this Act, the opinion of the child shall be heard, taking into account the age and degree of maturity of the child.
 Article 5 (Principles of Non-Profit Management)
(1) With respect to adoption, no institution or individual shall acquire any unlawful financial benefits, etc. from adoption under this Act.
(2) The State and local governments shall endeavor to ensure that any adoption-related institution or individual does not acquire unlawful financial benefits, etc. from adoption under this Act.
(3) No one shall request, recommend, encourage, or publicize the domestic adoption of children subject to protection between private individuals, other than the adoption in compliance with the requirements, procedures, etc. prescribed in this Act.
 Article 6 (Responsibilities of the State)
(1) The State and local governments shall provide support to ensure that a child can be raised healthily in the home in which the child is born, and shall take measures and provide support necessary to give a child who cannot be brought up by their birth family with another permanent home in which the child can grow healthily.
(2) If the State and local governments cannot give a child with a permanent home pursuant to paragraph (1), they shall endeavor to ensure that the child can be raised in an environment similar thereto.
(3) Every citizen shall cooperate so that adopted children can grow healthily, and shall not discriminate against the adopted children.
(4) For the purpose of promoting the rights and interests and the welfare of adopted children by creating a healthy adoption culture, promoting the domestic adoption of children subject to protection, and , addressing social prejudice and discrimination against the adoptive families to help the children smoothly adapt to the family life after adoption, the State and local governments shall perform the following activities:
1. Formulation and implementation of adoption policies;
2. Fact-finding surveys and research on adoption;
3. Establishment and operation of the procedures for adoption and post management;
4. Support for adopted children and adoptive family;
5. Provision of counseling and welfare services for the mutual adaptation of adoptive children and families after adoption;
6. Formulation and implementation of policies to address social prejudice and discrimination against adoptive children and families;
7. Education and publicity for adoption;
8. Other necessary matters prescribed by Ordinance of the Ministry of Health and Welfare.
(5) The State shall endeavor to gradually reduce overseas adoptions to fulfill the duty of protection of, responsibilities for, children.
(6) The State and local governments shall devise measures necessary to arrange a meeting between adopted children and their birth families in accordance with the principle of mutual consent and the principle of personal information protection the parties.
 Article 7 (Prioritization of Domestic Adoption)
(1) The State and local governments shall prioritize the policies to find persons who can be prospective adoptive parents in the Republic of Korea..
(2) If the Minister of Health and Welfare fails to find the right persons who can be prospective adoptive parents suitable for a child to be adopted in the Republic of Korea, despite the measures for domestic adoption under paragraph (1), he or she may promote international adoption under the International Adoption Act.
 Article 8 (Adoption Day)
(1) May 11 shall be designated as Adoption Day and one week after Adoption Day as Adoption Week, respectively, in order to create a healthy adoption culture and to improve the awareness of domestic adoption.
(2) The State and local governments shall endeavor to implement projects, such as events compatible with the meaning of Adoption Day under paragraph (1).
 Article 9 (Relationship to the Civil Act)
Except as otherwise provided in this Act, the Civil Act shall apply to domestic adoption of children subject to protection.
CHAPTER II FORMULATION AND IMPLEMENTATION OF POLICIES FOR PROMOTING DOMESTIC ADOPTION
 Article 10 (Formulation and Implementation of Master Plans to Promote Domestic Adoption)
(1) For the purpose of promoting domestic adoption of children subject to protection, the Minister of Health and Welfare shall formulate and implement a master plan to promote domestic adoption (hereinafter referred to as "master plan") every five years based on the results of a fact-finding survey on adoptions.
(2) A master plan shall include the following:
1. Basic objectives and direction-setting of the policies for promoting domestic adoption;
2. Analysis and evaluation of previous master plans;
3. Major tasks and methods of implementing the tasks to promote domestic adoption and enhance home-type protection;
4. Major policies for improving the social awareness of adoption and addressing prejudice against adoptive children and families;
5. Scale of financial resources required to promote domestic adoption and a plan for financing;
6. Other matters prescribed by Presidential Decree for formulating and implementing the master plan.
(3) The Minister of Health and Welfare shall finalize a master plan formulated under paragraph (1) through deliberation and resolution by the adoption policy committee referred to in Article 12. In such cases, the Minister of Health and Welfare shall inform the head of the relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), and the president of the National Center for the Rights of the Child of the finalized master plan.
(4) Other matters necessary for formulation, implementation, evaluation, etc. of the master plan shall be prescribed by Presidential Decree.
 Article 11 (Formulation and Implementation of Action Plans to Promote Domestic Adoption)
(1) The Minister of Health and Welfare shall formulate and implement an action plan to promote domestic adoption (hereinafter referred to as "action plan") every year in order to implement the master plan, in consultation with the head of the relevant central administrative agency, the Mayor/Do Governor, and the president of the National Center for the Rights of the Child.
(2) Other matters necessary for the formulation, implementation, etc. of action plans shall be prescribed by Presidential Decree.
 Article 12 (Adoption Policy Committee)
(1) The adoption policy committee (hereinafter referred to as "committee") shall be established as a special committee of the Child Policy Coordinating Committee under Article 10 (4) of the Child Welfare Act to deliberate and resolve on major matters regarding the policies for promoting domestic adoption.
(2) The committee shall deliberate and resolve on the following matters:
1. Matters regarding the formulation and evaluation of the master plan under Article 10;
2. Matters regarding the formulation and evaluation of the action plans under Article 11;
3. Selection of the criteria for and curricula of educational courses provided to prospective adoptive parents pursuant to Article 18 (3);
4. Matters regarding the adoption procedures and system improvement;
5. Matters regarding the establishment of relationship under Article 20;
6. Matters regarding the decision on children subject to international adoption and the establishment of relationship under the International Adoption Act;
7. Other matters prescribed by Ordinance of the Ministry of Health and Welfare for the promotion, etc. of domestic adoption.
(3) The committee shall be composed of up to 50 members, including the chairperson, and the Minister of Health and Welfare shall serve as the chairperson: Provided, That a meeting of the committee shall be composed of the chairperson and up to 15 committee members designated by the chairperson for each meeting, and any resolution thereof shall require the attendance of at least 2/3 of members of the committee and the concurring vote of a majority of those present.
(4) The committee members shall be appointed or commissioned by the Minister of Health and Welfare, from among experts in the academic circles, including child welfare science, medical and legal experts, persons recommended by the Minister of the National Court Administration, and persons with extensive knowledge and experience in adoption policies and practices.
(5) The committee may require the employees of a relevant administrative agency to attend a committee meeting, provide explanations, and submit data.
(6) The committee may have subcommittees to efficiently deliberate and resolve on the matters under paragraph (2) 5 and 6, and matters deliberated and resolved on by a subcommittee shall be deemed deliberated and resolved on by the committee.
(7) The secretariat shall be established in the National Center for the Rights of the Child to support the business affairs of the committee.
(8) Except as provided in paragraphs (1) through (7), matters necessary for the composition, operation, etc. of the committee and subcommittees shall be prescribed by Presidential Decree.
CHAPTER III REQUIREMENTS AND PROCEDURES FOR ADOPTION
 Article 13 (Decision on and Protection of Children to Be Adopted)
(1) A child to be adopted under this Act shall be a child subject to protection, for whom the Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu and hereinafter the same shall apply; hereinafter the Mayor/Do Governor or the head of a Si/Gun/Gu shall be referred to as the “Mayor/Do Governor, etc.”) decides that the adoption is in the best interest of the relevant child as a protective measures under Article 15 (1) 6 of the Child Welfare Act.
(2) Before making a decision under paragraph (1), the Mayor/Do Governor, etc. shall verify the consent to and acceptance of adoption under Article 15 (1), the intent to consent to adoption under Article 16 (1), and whether the case falls under any of the subparagraphs of Article 15 (2) or 16 (2).
(3) Where it is difficult for a protector defined in subparagraph 3 of Article 3 of the Child Welfare Act to directly protect and rear a child referred to in paragraph (1) before permission for adoption is granted under Article 21 (1) or a decision of temporary rearing is made under Article 22 (1), the State and local governments may entrust the protection of relevant child to child rearing facilities, temporary protection facilities for children, or communal homes under Article 52 (1) 1, 2, and 4 of the Child Welfare Act or home and others meeting the standards prescribed by Ordinance of the Ministry of Health and Welfare.
(4) The State and local governments shall regularly inspect the status of child rearing for a child to be adopted, and provide necessary welfare services and prepare an inspection report on the status of child rearing, during the period from the date of the decision under paragraph (1) until permission for adoption under Article 21 (1) is granted, as prescribed by Ordinance of the Ministry of Health and Welfare.
(5) In the protection of children under paragraph (3), the home-type protection shall be considered preferentially.
 Article 14 (Guardian of Child to Be Adopted)
(1) As for a child to be adopted under Article 13 (1) and protected under paragraph (3) of that Article, the Mayor/Do Governor, etc. having jurisdiction over the place of domicile of the relevant child shall become a guardian from the time the relevant child is entrusted to a facility, etc., as prescribed by Presidential Decree: Provided, That the same shall not apply where the court has already appointed a guardian for the relevant child or the child has a guardian under the Act on the Guardianship of Minors in Protective Facilities.
(2) In cases specified in paragraph (1), the person with parental authority shall no longer exercise parental authority over a child to be adopted: Provided, That if the person with parental authority withdraws his or her consent to or acceptance of adoption under Article 15 (4) or the birth parents withdraw their consent to adoption under Article 16 (3), the person may exercise the parental authority again.
(3) Where the parental authority is suspended under the main clause of paragraph (2), the guardian of the child shall, upon receiving an application from the birth parents, notify the birth parents of the progress of the adoption procedures and the status of the health and welfare of the child, until the Family Court renders a decision on permission for adoption: Provided, That the same shall not apply where there is good cause that makes it impossible to give notice.
(4) Matters necessary for the procedures for application, methods of notification, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 15 (Expression of Intention of Adoption)
(1) A child to be adopted shall accept adoption according to the following classification:
1. Where a child to be adopted is at least the age of 13 (the same shall apply where the child reaches the age of 13 before the Family Court renders a decision on permission for adoption after a request for permission for adoption is filed), the adoption shall be accepted with the consent of his or her legal representative;
2. Where a child to be adopted is under the age of 13, his or her legal representative shall accept the adoption on behalf of the child.
(2) In any of the following cases, the Family Court may grant permission for adoption under Article 21 (1) even without a consent under paragraph (1) 1 or an acceptance under paragraph (1) 2:
1. Where the legal representative refuses to give a consent or acceptance without good cause: Provided, That where the legal representative is the person with parental authority, the Family Court shall have any causes prescribed in Article 16 (2);
2. Where the consent or permission cannot be obtained due to the unknown whereabouts of the legal representative or by any other cause.
(3) In cases specified in paragraph (2) 1, the Family Court shall interrogate the legal representative.
(4) The consent under paragraph (1) 1 or acceptance under paragraph (1) 2 may be withdrawn before the permission for adoption is granted under Article 21 (1).
(5) Consent to and acceptance of adoption under paragraph (1) and withdrawal thereof under paragraph (4) shall be made in writing, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 16 (Consent to Adoption from Birth Parents)
(1) A child to be adopted shall obtain a consent from his or her birth parents: Provided, That the same shall not apply in any of the following cases:
1. Where the birth parents give consent under Article 15 (1) 1 or acceptance under subparagraph 2 of that paragraph;
2. Where the birth parents have been declared to lose parental authority;
3. Where the consent cannot be obtained due to the unknown whereabouts of the birth parents or by any other cause.
(2) Even if the birth parents refuse to give their consent, the Family Court may grant permission for adoption under Article 21 (1) where any of the following causes arises. In such cases, the Family Court shall interrogate the birth parents:
1. Where the birth parents have failed to fulfill the obligation to raise the child or to exercise the visitation right for at least three years due to a cause attributable to themselves;
2. Where the birth parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3) Consent under paragraph (1) may be withdrawn before the permission for adoption is granted under Article 21 (1).
(4) Consent to adoption under paragraph (1) and withdrawal under paragraph (3) shall be made in writing, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 17 (Requirements for Consent to and Acceptance of Adoption)
(1) Acceptance of adoption under Article 15 (1) 2 and consent to adoption under Article 16 (1) shall be granted after seven days from the date of birth of the relevant child.
(2) Consent to and acceptance of adoption under Article 15 (1) and consent to adoption under Article 16 (1) shall be decided and expressed by free will, and any money, gains on property, or any other benefit in return shall not be given or received, or shall not be promised to be given or received, in return for the consent to and acceptance of adoption.
(3) The Mayor/Do Governor, etc. shall provide a child to be adopted or his or her legal representative with sufficient consultations regarding the effects, etc. of consent and acceptance before the consent to and acceptance of adoption is obtained under Article 15 (1), and the details, etc. of consultation services shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Before the consent to adoption is obtained under Article 16 (1), the Mayor/Do Governor, etc. shall provide the birth parents with sufficient consultation services regarding what kind of support is available if they raise the child directly, the legal effects of adoption, the right to request for disclosure of information on adoption of the adopted child, and others, and the details of consultations shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(5) The Mayor/Do Governor, etc. may provide the birth parents with appropriate support, such as accommodation and meals, and medical services, before consent is given under Article 16 (1).
 Article 18 (Eligibility for Adoptive Parents)
(1) A prospective adoptive parent under this Act shall meet all of the following requirements:
1. The person shall be able to provide an adopted child with the economically and emotionally stable environment of child rearing;
2. The person shall be able to recognize the adopted child's freedom of religion and to raise and educate the child as a member of society;
3. The person shall have no criminal record prescribed by Presidential Decree, such as child abuse, domestic violence, sexual violence, or narcotics-related crimes;
4. The person shall not have any serious health reasons, such as alcohol or drug addiction;
5. The person shall meet other requirements prescribed by Ordinance of the Ministry of Health and Welfare for the welfare of persons to be adopted.
(2) A prospective adoptive parent under this Act shall lead the child to be adopted not to engage in an occupation contrary to the child's welfare or any other occupation which might infringe upon human rights.
(3) A prospective adoptive parent under this Act shall complete a prescribed educational course, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 19 (Application for Adoption)
(1) A prospective adoptive parent under this Act shall file an application with the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Upon receipt of an application under paragraph (1), the Minister of Health and Welfare shall provide consultations and conduct surveys on the family backgrounds, etc. as prescribed by Ordinance of the Ministry of Health and Welfare and prepare a report thereon, and may request the relevant person to submit necessary data to verify whether the prospective adoptive parent meets the eligibility under Article 18.
(3) A prospective adoptive parent shall conscientiously cooperate in consultation services, surveys on the family backgrounds, requests for submission of data, etc. under paragraph (2), and shall not falsify, conceal, or exaggerate the fact nor submit false documents.
 Article 20 (Establishment of Relationship)
(1) The Minister of Health and Welfare shall establish a relationship between prospective adoptive parents and child through deliberation and resolution by the committee. In such cases, the comprehensive consideration shall be given to the principles of adoption under Article 3, the principles of prioritizing domestic adoption under Article 7, the background and status of child rearing of the prospective adoptive parents, the backgrounds and special needs of the child to be adopted, etc.
(2) After a relationship is established, the Minister of Health and Welfare shall issue a prospective adoptive parent , with a certificate of establishment of relationship, stating the name, date of birth, etc. of the prospective adoptive parent and child, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 21 (Permission for Adoption by Family Court)
(1) Where a prospective adoptive parent intends to adopt a child , he or she shall prepare the following documents and obtain permission for adoption from the Family Court having jurisdiction over the place of domicile of the child to be adopted:
1. A document evidencing birth registration of the child to be adopted;
2. A document of decision on adoption of a child under Article 13;
3. A document verifying the intent, such as consent to and acceptance of adoption under Articles 15 and 16;
4. A certificate of establishment of relationship under Article 20 (2) of the Act;
5. Other documents prescribed by the Supreme Court Regulations for the welfare of the child.
(2) If necessary for examining whether to grant permission for adoption under paragraph (1), the Family Court may request the relevant institutions or organizations to submit relevant documents. In such cases, the institutions or organizations requested to submit documents shall comply with such request, unless there is good cause.
(3) The Family Court shall decide on the permission for adoption within six months from the date of request for permission for adoption for the welfare of a child to be adopted, unless there is a compelling reason not to do so.
(4) If it is deemed necessary in rendering a decision on the permission for adoption under paragraph (1), the Family Court may order a family court investigator to investigate the motive for adoption, parenting competency, the rearing environment, etc.
(5) The Family Court need not grant permission for adoption under paragraph (1) in consideration of the motive for adoption, parenting competency, and other circumstances of prospective adoptive parents for the welfare of a child to be adopted.
(6) Except as provided in paragraphs (1) trough (5), matters necessary for the procedures for requesting permission for adoption, court hearing, permission, etc. shall be prescribed by the Supreme Court Regulations.
 Article 22 (Decision of Temporary Rearing)
(1) Where a request is filed for permission for adoption under Article 21 (1), the Family Court may make a decision of temporary rearing, ex officio or upon request by a prospective adoptive parent who has filed a request for permission for adoption.
(2) If deemed necessary when making a decision of temporary rearing under paragraph (1), the Family Court may order a family court investigator to investigate the motive for adoption, parenting competency, the environment of child rearing, etc.
(3) Where a decision of temporary rearing is made, a prospective adoptive parent shall become a temporary guardian of a child to be adopted. In such cases, a person with parental authority shall no longer exercise parental authority over a child to be adopted.
(4) An immediate complaint may be filed against a decision to dismiss an application for decision of temporary rearing under paragraph (1).
(5) When the Family Court makes a decision of temporary rearing under paragraph (1), it may take dispositions deemed appropriate for rearing the child to be adopted.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the procedures for applying for a decision of temporary rearing, court hearing and ruling, and dispositions, etc. required for temporary child rearing shall be prescribed by the Supreme Court Regulations.
 Article 23 (Revocation of Decision of Temporary Rearing)
(1) Where any of the following grounds exists, the Family Court may revoke a decision of temporary rearing, ex officio or upon request by a requester for permission for adoption under Article 21 (1), the Mayor/Do Governor, etc., or the Minister of Health and Welfare; in such cases, no appeal shall be filed against a decision to revoke the decision of temporary rearing:
1. Where a prospective adoptive parent is not suitable to rear a child to be adopted, such as any problem in the rearing attitude;
2. Where the legal representative expresses his or her intention to withdraw the consent to or acceptance of adoption under Article 15 (4);
3. Where the birth parents express their intention to withdraw the consent to adoption under Article 16 (3);
4. Where a prospective adoptive parent has any circumstances that make it difficult to continue to rear a child to be adopted.
(2) An immediate complaint may be filed against a decision to dismiss a request for revocation of a decision of temporary rearing under paragraph (1).
(3) Where a court ruling to revoke a decision of temporary rearing is made on the grounds prescribed in paragraph (1) 2 or 3, the legal representative at the time of deciding the relevant child as a child to be adopted pursuant to Article 13 (1) shall be the legal representative of the relevant child.
(4) Where a court ruling to revoke a decision of temporary rearing is made on the grounds prescribed in paragraph (1) 1 or 4, the head of a Si/Gun/Gu having jurisdiction over the place of domicile of a child to be adopted shall become the guardian of the relevant child: Provided, That where there exists any grounds prescribed by Presidential Decree, such as the child's health problem, the guardian of the relevant child shall be the head of a Si/Gun/Gu having jurisdiction over the place of domicile of a prospective adoptive parent, who has filed an application for permission for adoption pursuant to Article 21 (1).
 Article 24 (Notification of Decision of Temporary Rearing)
(1) Where the Family Court makes a ruling of temporary rearing, it shall notify the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the relevant child of the fact of such decision.
(2) Paragraph (1) shall also apply where a ruling of temporary rearing is revoked or a request for permission for adoption is dismissed with regard to a child for whom a decision of temporary rearing is made. In such cases, the head of a Si/Gun/Gu notified of such ruling shall designate a person to whom the relevant child is transferred without delay.
(3) Where a decision of temporary rearing of a child to be adopted is revoked or a request for permission for adoption is dismissed, the prospective adoptive parent who is temporarily rearing the relevant child according to the decision of temporary rearing shall transfer the child without delay to a person designated by the head of a Si/Gun/Gu under the latter part of paragraph (2).
(4) Where a prospective adoptive parent abuses or abandons a child he or she is temporary rearing, or if there exist other grounds prescribed by Presidential Decree, the head of a Si/Gun/Gu shall immediately inform the Minister of Health and Welfare and the Family Court thereof, and shall take the best protective measures for the relevant child.
 Article 25 (Effect of Adoption)
A child adopted under this Act shall hold the same status as a fully adopted child under the Civil Act.
 Article 26 (Effectuation of Adoption)
(1) Adoption under this Act shall take effect when an adjudication on upholding by the Family Court becomes final and conclusive. In such cases, the adoptive parents or adopted child shall file a report on adoption of the adopted child as prescribed by the Act on Registration of Family Relations, along with a statement of permission by the Family Court.
(2) Where an adjudication on adoption becomes final and conclusive, the Family Court shall notify the details thereof to the Minister of Health and Welfare and the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the adopted child without delay.
 Article 27 (Transfer of Children)
The birth parents, guardians, or persons who protect a child in accordance with due process shall directly transfer an adopted child or a child to be adopted to the child's adoptive parent or prospective adoptive parent after a decision on permission for adoption under Article 21 (1) becomes final and conclusive or a decision of temporary rearing under Article 22 (1) is made.
 Article 28 (Revocation of Adoption)
(1) Where the adoption takes effect without a consent to adoption given by a birth father or mother of an adopted child because he or she falls under the case specified in Article 16 (1) 3 due to any cause not attributable to himself or herself, he or she may file a request for revocation of adoption with the Family Court within six months after the date he or she becomes aware of the adoption.
(2) The Family Court shall hear and respect the opinions of an adopted child, whose adoption is requested to be revoked.
(3) When a judgment to uphold the request for revocation of adoption becomes final and conclusive, the Family Court shall without delay notify such purport to the Minister of Health and Welfare and the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the adopted child.
(4) The Family Court may dismiss the request for revocation of adoption filed under paragraph (1) for the welfare of the adopted child, in consideration of the status of child rearing, the motive for adoption, parenting competency, and other circumstances.
 Article 29 (Protective Measures)
The Mayor/Do Governor, etc. shall, without delay, take the protective measures under Article 15 of the Child Welfare Act for a child who is decided to be adopted pursuant to Article 13 but who cannot be adopted.
 Article 30 (Where A Party to Adoption Is Foreigner)
(1) Where a prospective adoptive parent under this Act is a foreigner, he or she shall meet the requirements under the law of the home country, together with the eligibility under Article 18.
(2) Where a child to be adopted has a foreign nationality, he or she shall obtain consent, acceptance, etc. under the law of the home country, as well as consent and acceptance under Articles 15 and 16: Provided, That the same shall not apply where the consent, acceptance, etc. are not required for the establishment of a child-parent relationship under the law of the home country of the child.
(3) The Minister of Health and Welfare may request the home country of a prospective adoptive parent or a child to be adopted to provide cooperation in order to verify the requirements under paragraph (1) and whether a consent and acceptance is granted under paragraph (2).
CHAPTER IV SUPPORT FOR ADOPTED CHILD
 Article 31 (Post Adoption Services)
(1) For one year after the adoption is established, the Minister of Health and Welfare shall provide regular counseling services and necessary welfare services and prepare a report on children's adaptation for the mutual adaptation of adoptive parents and adopted children, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the period may be extended where the adoptive parents or adopted children make a request or any cause prescribed by Ordinance of the Ministry of Health and Welfare exists.
(2) The State and local governments shall provide the following support to help adoptive families raise adopted children in a sound manner, as prescribed by Ordinance of the Ministry of Health and Welfare:
1. Supporting business activities of associations or organizations for the sound growth of adopted children, information sharing and mutual cooperation between adopted families, etc.;
2. Providing information necessary for child rearing for the sound growth of adopted children in the adoptive families;
3. Opening a window through which the adoptive family members can receive counseling services at any time, and placing a counselor therefor.
 Article 32 (Payment of Child Benefits)
(1) If necessary to ensure that the adopted children grow healthily, the State and local governments may pay child home-care allowances, medical expenses, children education subsidies, and other necessary child benefits, within the limit prescribed by Presidential Decree.
(2) Matters necessary for the payment of child benefits, etc. under paragraph (1) and the procedures therefor shall be prescribed by Presidential Decree.
 Article 33 (Disclosure of Information on Adoption)
(1) A person who has been adopted under this Act may request the disclosure of information on his or her adoption (hereinafter referred to as "request for disclosure of information") to the president of the National Center for the Rights of the Child: Provided, That where a person who has been adopted under this Act is a minor, he or she shall obtain consent thereto from his or her adoptive parents.
(2) Upon receipt of a request under paragraph (1), the president of the National Center for the Rights of the Child shall disclose the information on adoption held with the consent of birth parents without delay: Provided, That where the consent of birth parents is not confirmed or the birth parents do not give consent, the information on adoption shall be disclosed excluding the personal information of the birth parents.
(3) Notwithstanding the proviso of paragraph (2), where the birth parents are dead or they cannot give consent due to other causes, in which case there exist special circumstances, such as the medical purposes of the adopted person, information on adoption may be disclosed irrespective of whether the birth parents gave consent.
(4) Except as provided in paragraphs (1) through (3), the scope of information on adoption subject to request for disclosure of information, methods and procedures for making the request, and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 34 (Integrated Child Information System)
(1) The Minister of Health and Welfare and the president of the National Center for the Rights of the Child shall enter and manage information on the duties related to adoption in the integrated child information system.
(2) The Mayor/Do Governor, etc., the head of a child rearing facility, a temporary protection facility for children, or a communal home under Article 52 (1) 1, 2, or 4 of the Child Welfare Act that protects a child to be adopted after being transferred by the State or a local government pursuant to Article 13 (3), and the head of a foster care center under Article 48 of that Act that manages the relevant foster home shall enter information on a child, including the background and special need of the child to be adopted, into the integrated child information system.
(3) The head of a social welfare corporation or organization entrusted with the business affairs pursuant to Article 37 shall enter information on the business affairs related to adoption into the integrated child information system.
(4) Matters necessary for the scope of information, methods of entering and managing information and others under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 35 (Request for Cooperation of Relevant Institutions)
(1) If necessary to perform the business affairs under this Act, the Minister of Health and Welfare, the Mayor/Do Governor, etc., and the president of the National Center for the Rights of the Child may request data from the relevant central administrative agencies, local governments, police agencies, public institutions, child welfare facilities referred to in the Child Welfare Act (hereinafter referred to as "child welfare facility"), social welfare corporations or organizations, etc. In such cases, an institution upon receipt of a request shall comply with such request, unless there is good cause.
(2) The data provided under paragraph (1) shall not be used for any purpose other than performance of the business affairs under this Act.
 Article 36 (Duty of Confidentiality)
A person who engages or engaged in the National Center for the Rights of the Child, a child welfare facility, an institution that protects a child before adoption under Article 13 (3), or a social welfare corporation or organization entrusted with the business affairs under Article 37, and a person who protects or protected a child before adoption under Article 13 (3) shall not divulge any confidential information acquired in the course of performing the business affairs under this Act: Provided, That this shall not apply to the disclosure of information on adoption under Article 33.
 Article 37 (Entrustment of Business Affairs)
(1) The Minister of Health and Welfare may entrust the business affairs under Articles 13 (4), 19 (1) and (2), and 31 (1) to the National Center for the Rights of the Child or other social welfare corporations or organizations equipped with facilities, employees, etc. necessary for performing the entrusted business affairs, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare shall instruct and supervise a person who performs the business affairs entrusted under paragraph (1).
(3) Details necessary for entrustment under paragraph (1) shall be prescribed by Presidential Decree.
 Article 38 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
The heads and employees of social welfare corporations or organizations entrusted with the duties pursuant to Article 37 shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act.
 Article 39 (Subsidization of Expenses)
The State and local governments may give subsidies to cover the following expenses within the budget:
1. Expenses incurred in establishing and operating the secretariat under Article 12 (7);
2. Expenses incurred in protecting children under Article 13 (3);
3. Expenses incurred in performing the duties, such as inspecting the status of child rearing and management of cases of foster homes that protect children under Article 13 (3);
4. Expenses incurred in performing the duties of social welfare corporations or organizations under Article 37;
5. Other expenses incurred in performing the business affairs prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER VI PENALTY PROVISIONS
 Article 40 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
1. A person who offers or receives, or promises to offer or receive, money or other valuables in return for consent to or acceptance of adoption, in violation of Article 17 (2);
2. A person who adopts a child without obtaining permission for adoption, in violation of Article 21 (1);
3. A person who uses the furnished data for any purpose other than the performance of duties under this Act, in violation of Article 35 (2);
4. A person who divulges confidential information acquired in the course of performing his or her duties, in violation of the main clause of Article 36.
(2) A person who transfers a child to be adopted to a prospective adoptive parent or receives by transfer the child to be adopted without a decision of temporary rearing shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won.
(3) A person who distorts, conceals, or exaggerates a fact or submits a false document in violation of Article 19 (3) shall be punished by a fine not exceeding five million won.
 Article 41 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 40 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in that Article in addition to punishing the violators accordingly: Provided, That the same shall not apply where the corporation or individual has not been negligent in taking due care or supervision over the relevant business affairs in order to prevent such violation.
 Article 42 (Administrative Fines)
(1) A person who fails to transfer a child to be adopted to a person designated by the head of a Si/Gun/Gu without good cause, in violation of Article 24 (3), shall be subject to an administrative fine not exceeding 10 million won.
(2) An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA <Act No. 19555, Jul. 18, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Payment of Child Benefits)
The amended provisions of Article 32 shall also apply to children adopted before this Act enters into force.
Article 3 (Applicability to Disclosure of Information on Adoption)
The amended provisions of Article 33 shall also apply to persons who are adopted before this Act enters into force.
Article 4 (Applicability to Administrative Dispositions)
The previous Act on Special Cases concerning Adoption shall apply to administrative dispositions for violations committed before this Act enters into force.
Article 5 (General Transitional Measures)
Any dispositions, procedures, and other acts taken or conducted under the previous provisions of Act on Special Cases concerning Adoption as at the time this Act enters into force shall be deemed taken or conducted under the corresponding provisions of this Act, if such provisions exist herein.
Article 6 (Transitional Measures concerning Eligibility for Adopted Children)
A person decided to be a prospective adopted child after fulfilling the eligibility for adopted children under the previous provisions of the Act on Special Cases concerning Adoption and the Child Welfare Act as at the time this Act enters into force shall be deemed a prospective adoptive child under the amended provisions of Article 13 (1).
Article 7 (Transitional Measures concerning Guardians of Prospective Adoptive Child)
The head of an adoption agency who becomes the guardian of a child to be adopted after receiving the child by transfer to recommend the adoption pursuant to the previous provisions of the Act on Special Cases concerning Adoption as at the time this Act enters into force shall be the guardian until the decision of temporary rearing under Article 22 is made or the adoption of the relevant child is completed, notwithstanding the amended provisions of Article 14 (1).
Article 8 (Transitional Measures concerning Consent to Adoption)
Where the consent of the birth parents, a guardian, or a child to be adopted is obtained under the previous Act on Special Cases concerning Adoption as at the time this Act enters into force, the consent to or acceptance of adoption shall be deemed obtained under the amended provisions of Article 15 or 16.
Article 9 (Transitional Measures concerning Eligibility for Adoptive Parents)
A person deemed eligible to be an adoptive parent under the previous Act on Special Cases concerning Adoption shall be deemed eligible to be an adoptive parent under the amended provisions of Article 18.
Article 10 (Transitional Measures concerning Establishment of Relationship)
Where an adoption agency under the previous Act on Special Cases concerning Adoption has decided on a person to be an adoptive parent suitable for a child to be adopted as at the time this Act enters into force, the relationship shall be deemed established under the amended provisions of Article 20.
Article 11 (Transitional Measures concerning Decision of Temporary Rearing)
(1) Where a prospective adoptive parent has been entrusted with a child to be adopted by an adoption agency under the previous provisions of the Act on Special Cases concerning Adoption before the Family Court grants permission, in which case a trial on permission for adoption is pending at the Family Court as at the time this Act enters into force, the child shall be deemed transferred by the decision of temporary rearing under Article 22 (1).
(2) A prospective adoptive parent who has been entrusted with a child to be adopted by an adoption agency under the previous provisions of the Act on Special Cases concerning Adoption but fails to file a request for permission for adoption with the Family Court as at the time this Act enters into force shall file a request for permission for adoption under Article 21 and an application for decision of temporary rearing under Article 22 (1) within one month from the enforcement date of this Act.
(3) Where a person who shall file a request for permission for adoption and an application for decision of temporary rearing pursuant to paragraph (2) fails to file the request and application by the deadline specified in that paragraph, the child temporarily reared shall be transferred to a person designated by the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the child: Provided, That even if the person files a request for permission for adoption under paragraph (2) but fails to file an application for decision of temporary rearing, the same shall not apply where the Family Court makes a decision of temporary rearing ex officio.
Article 12 (Transitional Measures concerning Permission by the Family Court)
Where a request for permission for adoption is filed with the Family Court under the previous provisions of the Act on Special Cases concerning Adoption as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 21.
Article 13 (Transitional Measures concerning Adoption Agency)
A social welfare corporation permitted by an adoption agency under the previous Act on Special Cases concerning Adoption shall be deemed a social welfare corporation that has facilities, employees, etc. necessary for performing the entrusted business affairs under the amended provisions of Article 37 (1).
Article 14 (Transitional Measures concerning Applications by Prospective Adoptive Parents)
Applications, surveys, consultations, etc. filed or conducted by prospective adoptive parents under the previous Act on Special Cases concerning Adoption as at the time this Act enters into force shall be deemed to be filed or conducted under this Act.
Article 15 (Transitional Measures concerning Entrance of Information on Business Affairs Related to Adoption)
The Mayor/Do Governor, etc., the president of the National Center for the Rights of the Child, the head of an adoption agency under the previous Act on Special Cases concerning Adoption, and the head of a child welfare facility who has protected a child before adoption shall transfer the information on the adoption affairs retained at the time this Act enters into force to the National Center for the Rights of the Child after entering such information into the integrated child information system.
Article 16 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the application of penalty provisions to any violations committed before this Act enters into force.
Article 17 (Transitional Measures concerning Requests for Dissolution of Adoption)
The previous Act on Special Cases concerning Adoption shall apply to an application for dissolution of adoption filed with the Family Court under the previous Act on Special Cases concerning Adoption as at the time this Act enters into force.
Article 18 Omitted.
Article 19 (Relationship to Other Statutes or Regulations)
Any citation of the previous Act on Special Cases concerning Adoption by other statutes and regulations or the provisions thereof as at the time this Decree enters into force shall be deemed a citation of this Act or the relevant provisions thereof in lieu of the previous provisions, if such relevant provisions exist herein.