한국 입양법의 변화와 쟁점

• 영문명: Changes and Issues in Korean Adoption Law
• 발행기관: 한국가족법학회
• 저자명: 안소영(So-Young An)
• 간행물 정보: 『가족법연구』第39卷 1號, 1~36쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

In order to achieve the objective of the Hague Adoption Convention, which is to “protect children from the abduction, sale, and trafficking of children by establishing measures to realize the best interests of the child in intercountry adoption and to ensure the fundamental rights of the child,” it is necessary, (1) the principle of subsidiarity in intercountry adoption must be recognized, (2) the control, management, and supervision of national institutions throughout the adoption process must be ensured, (3) a system of collaboration between relevant institutions between and within countries must be established, (4) adoption procedures must be integrated in the country of origin and the receiving country to ensure automatic approval of intercountry adoptions. Korean adoption law has evolved to align with these principles of the Convention. In anticipation of ratification of the Convention, the Special Act on Domestic Adoption and the Act on Intercountry Adoption have been enacted and are scheduled to take effect on July 19, 2025. This article commences with a concise review of the major amendments to Korea’s adoption legislation in accordance with the principles of the Convention. It then proceeds to deliberate the primary issues that may persist as contentious subjects in the impending amendments, particularly with regard to the prevention of circumvention of the Hague Convention and the realisation of the principle of subsidiarity. The article concludes with a brief overview of measures to prevent other illegal adoption-related practices.

목차

Ⅰ. 서 론

Ⅱ. 헤이그국제아동입양협약의 원칙에 따른 한국 입양법의 변화

Ⅲ. 헤이그국제아동입양협약 적용 회피방지

Ⅳ. 국제입양의 보충성 원칙 실현

Ⅴ. 기타 입양 관련 불법적 관행 방지

Ⅵ. 결 론

키워드

아동의 최선의 이익 헤이그국제아동입양협약 협약의 적용 회피 국제입양 보충성 원칙 국제입양 the best interests of the child Hague Adoption Convention circumventing the application of the 1993 Hague convention the principle of subsidiarity intercountry adoption