프랑스법에서의 입양의 요건과 효과

• 영문명: Requirements and Effects of Adoption in French Law
• 발행기관: 한국가족법학회
• 저자명: 김은아(Eun-Ah Kim)
• 간행물 정보: 『가족법연구』第39卷 1號, 69~114쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

Today's adoption differs from the past in that it is more focused on the purpose of parents raising their children to form and maintain a family. Additionally, the aim of providing children in need of parents the opportunity to form a family and receive stable care is increasingly emphasized, reflecting the improvement of children's rights in the latter half of the 20th century. In particular, the purpose of family or generational succession is sometimes seen as outdated by modern individuals who pursue personal happiness. In line with this trend, our law began to fully revise the adoption system in 2005. As a result, we introduced a full adoption system from a foreign country and established a new adoption system. The French adoption law is the model legislation for the new adoption system under Korean law. The full adoption system, which was introduced in France in 1966, was created to protect the rights and interests of children by severing the legal relationship between biological parents and their children. Understanding the background of the French system of full adoption and how it coexists with the existing system of simple adoption, will be helpful in the operation and improvement of our new adoption system. To this end, this article focuses on the history and current state of the adoption system in France, as well as the requirements and effects. In France, the full adoption system was introduced in 1966, and it was expected that the existing form of simple adoption would disappear from history. However, even if we leave aside the institutional completeness of the full adoption system, we can see that the number of simple adoptions, which are our general adoptions, is increasing again due to the increase in the number of inter-family adoptions and the aversion to the full adoption system that breaks the blood relationship. As a result, there are growing calls for the legislation of simple adoptions to be overhauled. In fact, the French system of full adoption is not identical in detail to our system of adoption. The main difference is that Korean law distinguishes between annulment and revocation of adoption, whereas in France, full adoption does not allow for annulment of adoption, and simple adoption requires serious reasons that would be grounds for revocation under Korean law. It can be speculated that the decrease in the use of the full adoption system is due to the difficulty of revoking full adoption. Furthermore, many regulations indicate that the most important value in the French adoption system is the interests of the child. For example, when determining the interests of both parties in the adoption decision, the court must consider whether the adoptive parent has other biological children (Article 353-1, Paragraph 3 of the French Civil Code). The regulations that provide a procedure for minors to express their opinions when a judgment of adoption is rendered (Article 353-1, Paragraph 2 of the French Civil Code) and the provision of a two-month withdrawal period for consent to adoption (Article 348-5 of the French Civil Code) are also significant. Additionally, the provision that was newly established by law in 2022, which prohibits inter-family adoptions in principle to prevent inter- generational confusion (Article 346 of the French Civil Code), can be understood as revealing France’s realistic concerns about the confusion caused by the surge in the number of intra-family adoptions, as seen in the 2018 statistics.

목차

Ⅰ. 서 론

Ⅱ. 프랑스 입양법제의 연혁과 입양현황

Ⅲ. 프랑스법에서의 입양의 요건

Ⅳ. 프랑스법에서의 입양의 효과

Ⅴ. 우리법과의 비교 및 시사점

Ⅵ. 결 론

키워드

프랑스법에서의 입양 완전입양 단순입양 가족 내 입양 입양동의의 철회 국내입양에 관한 특별법 국제입양에 관한 법률 adoption in France full adoption simple adoption intra-family adoptions Special Act on Domestic Adoption Act on International Adoption