ACT ON INTERCOUNTRY ADOPTION

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and to promote the rights, interests, and welfare of persons to be adopted and their adoptive families by prescribing matters regarding the requirements and procedures for intercountry adoption.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption;

2. The term "child" means a child under subparagraph 1 of Article 3 of the Child Welfare Act;

3. The term "country of origin" means a country in which a child to be adopted has his or her habitual residence;

4. The term "receiving country" means a country in which prospective adoptive parent has his or her habitual residence;

5. The term "Central Authority" means a State agency of each Contracting State designated pursuant to Article 6 of the Convention to discharge the duties imposed by the Convention, or a government agency responsible for the adoption or a competent agency that is granted the relevant authority in a non-Contracting State of the Convention;

6. The term "intercountry adoption" means any of the following:

(a) Adoption to foreign countries (including both a Contracting State and a Non-Contracting State of the Convention; hereinafter the same shall apply): Adoption for which both or each of the prospective adoptive parents has habitual residence in a foreign country, and the child’s habitual residence moves from the Republic of Korea to a foreign country for adoption or as a result of the adoption;

(b) Adoption to the Republic of Korea: Adoption for which both or each of the prospective adoptive parents has habitual residence in the Republic of Korea, and the child’s habitual residence moves from a foreign country to the Republic of Korea for the purposes of adoption or as a result of the adoption;

7. The term "matching" means designating a prospective adoptive parent by connecting a child to be adopted to the person in order to set a relationship of adoptive parents;

ACT ON INTERCOUNTRY ADOPTION

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Principle of Intercountry Adoption) #

Article 4(Principles of Non-Profit Management) #

Article 5(Central Authority) #

Article 6(Relationship to Other Statutes) #

Article 7(Adoptability of Child) #

Article 8(Consent to and Acceptance of Adoption) #

Article 9(Eligibility for Adoptive Parents) #

Article 10(Matching) #

Article 11(Consultation between Central Authorities) #

Article 12(Permission for Adoption by Family Court) #

Article 13(Effect of Adoption) #

Article 14(Effectuation of Adoption) #

Article 15(Transfer of Children) #

Article 16(Provision of Post Adoption Services) #

Article 17(Disclosure of Information on Adoption) #

Article 18(Adoptability of Child) #

Article 19(Eligibility for Adoptive Parents) #

Article 20(Application for Adoption) #

Article 21(Consultation between Central Authorities) #

Article 22(Effectuation of Adoption Established in Country of Origin) #

Article 23(Effectuation of Adoption Established in the Republic of Korea) #

Article 24(Post Adoption Services) #

Article 25(Revocation of Adoption) #

Article 26(Protective Measures) #

Article 27(Integrated Child Information System) #

Article 28(Request for Cooperation from Relevant Institutions) #

Article 29(Duty of Confidentiality) #

Article 30(Issuance of Certificate of Adoption in Compliance with the Convention) #

Article 31(Cooperation with Foreign Countries) #

Article 32(Entrustment of Business Affairs) #

Article 33(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 34(Penalty Provisions) #

Article 35(Joint Penalty Provisions) #