Research On South Korean Adoption System

The current adoption law,enacted in 1991 and revised in 1998,plays a due role in establishing a legal adoption relationship and settling adoption disputes.However,this edition is outdated,lack of specific clause,too and difficult to operate.Furthermore,this law only applies to the children under 14,which cannot meet the need of vast masses.For the same cultural background between China and Korea,the research of Korean adoption system has reference to improving our law.This paper used the method of reviewing and comparative analysis.Firstly,the analysis of fundamental theories such as the concept,character and classification of adoption;differences between adoption and public raising,between adoption and fosterage,between adoptive relationship and parent-child relationship;the significance of adoption system lays a good foundation of this paper.Secondly,this paper analyse the Korean adoption system with regard to the general adoption and foster system.Essential and prohibited requirements,procedure of adoption,consequences of invalidity and annulment of adoption,effects of adoption,termination of adoption belong to the basic content of Korean adoption system.Thirdly,this study proposed suggestions to improve our adoption system by analyzing Korean adoption system.This suggestions include bringing the adoption system into kinship system and reconstituting the legal system of adoption when enacting uniform civil code;discarding the condition that adopter should be above 30 years old,having no child,and can only adopt one;changing the situation tihat only under-age children can be adopted and establishing the adoption system of the adult and the old;further standardizing the Civil affairs registration procedures of adoption and establishing the secret adoption system to safeguard the interests of the parties.