프랑스법상 행정청에 의한 입양승인

• 영문명: Approval from local authorities required to adopt a Ward of the State in French Law
• 발행기관: 한국가족법학회
• 저자명: 이은희(Eun Hee LEE)
• 간행물 정보: 『가족법연구』第39卷 1號, 37~68쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

French law allows for five situations that define Wards of the State : ⅰ) No parentage: anonymous delivery, found baby, family name unknown, child not recognized after birth; ⅱ) Orphans without family guardianship; ⅲ) Adoption consent; ⅳ) Loss of parental rights; ⅴ) Abandonment decided by Court Order after conscious relinquishing of parental responsibiliy has been recorded for one year. Situations 1 and 5 are the most frequent. For birth parents, there are two procedures : ⅰ) voluntary consent; they then have 2 months to retract their consent and ⅱ) court order if the parents disappear completely for one year. After this deadline for retraction, the child becomes Ward of the State and is adoptable. Wards have a guardian: the Head of the County assisted by the Board of Guardianship or “Conseil de Famille”. For adoptive candidates, approval is sought from local authorities(ASE). If the adoption plan concerns a child living abroad, except in the case of an adoption of the spouse's child, the applicant must also have consent from the President of the General Council. Adoptive candidates have to outline their wishes for the chid. A social and psychological assessment will confirm that the reception conditions offered by the applicant correspond to the needs and interests of the adopted children. The approval is national and remains valid for five years. As soon as the child’s guardian has accepted placement for adoption, the child arrives in his/her adoptive family, and the adoptive candidates have six months to request adoption.

목차

Ⅰ. 서

Ⅱ. 국가후견아동의 입양

Ⅲ. 행정청에 의한 입양승인

Ⅳ. 외국인 미성년자의 입양

Ⅴ. 한국 입양법에 대한 시사점

키워드

프랑스민법 국가후견아동 자녀방임 국제입양 입양승인 French Civil Code Wards of the State Abandonment decided by Court Order International Adoption Approval by local authorities on adoption