배우자 또는 동거인 자녀의 입양 - 프랑스에서의 논의를 중심으로

• 영문명: Adoption of children by spouse or partner : Focusing on the discussion in France
• 발행기관: 한국가족법학회
• 저자명: 김기환(Gee Hwan KIM)
• 간행물 정보: 『가족법연구』第39卷 1號, 115~147쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

Today, with the increase in divorce, adoption of children from spouses or cohabitants has become more common. Spousal child adoption has different aspects from general adoption. In the case of simple adoption, the adoptive parents have parental authority, but in the case of simple adoption of a spousal child, the parental authority of the biological parents must be maintained. In the case of ordinary full adoption, the relationship with the biological parents is severed, but in the case of full adoption of a spousal child, the relationship between the child and the biological parent who are in a marital relationship with the adoptive parent must be maintained. Important considerations in the adoption of a child are the promotion of the child's welfare and the maintenance of the relationship with the biological parents or grandparents. In the case of spousal child adoption, since one of the biological parents and the adoptive parents are a couple such as a married couple, the possibility of the child's welfare being violated is reduced. Accordingly, the requirements for adoption related to the child's welfare can be relaxed and applied. However, there is the problem that the relationship with the other biological parent or grandparent is severed due to adoption. In particular, there may be cases where both biological parents remarry and want to adopt the existing child in a new family. In such cases, the question arises as to whether to allow successive adoption. If successive adoption is allowed, the problem is that the number of parents exceeds two. It may not be necessary to establish a parent-child relationship in order to legally and socially recognize an intimate relationship. However, even if one successive adoption is allowed for a spouse's child, there is no difference from a general joint adoption by two biological parents and two adoptive parents. By allowing successive adoption, the relationship between both biological parents and the child is maintained, and both new spouses can adopt the child, which can promote consent to adoption. If one side of the newly formed family is given parental rights and custody, and the other side is given visitation rights, there will be no problem in promoting the welfare of the child and maintaining stability.

목차

Ⅰ. 서 론

Ⅱ. 연 혁

Ⅲ. 요 건

Ⅳ. 효 과

Ⅴ. 연속 입양의 허용 문제

Ⅵ. 우리 법에의 시사점

Ⅶ. 결 론

키워드

입양 배우자의 자녀(계자) 연속입양 친양자입양 친권 Adoption Children of Spouse Successive Adoption Full Adoption Parental Authority