COURT RULING ON FAMILY ADOPTION

[Anchor Lead]

The Supreme Court ruled that grandparents raising their grandchild instead of their children may adopt the grandchild as their own child. The decision aims to consider a child’s happiness first rather than follow social customs.

[Pkg]

A minor named A was raised by his grandparents since he was seven months old. His mother, a high school student at the time, got divorced not long after giving birth to him and had given up on raising him. His grandparents asked the court in 2018 to allow them to adopt A, saying that it's necessary to prevent a traumatic revelation for the boy who believes that they are his parents. A’s biological parents also agreed but both the district and appellate courts didn’t allow it. The judges reasoned that “adoption could cause confusion in internal family order and relations. However, the Supreme Court justices made a different decision. They said this case should not be seen only from the perspective of traditional family relations. They believe the welfare, happiness and interests of the adoptee should be considered first.

[Soundbite] Kim Myeong-soo(Chief Justice, Supreme Court of Korea) : "When grandparents ask for adoption, their request may be granted if they fulfill all adoption requirements and the adoption conforms with the child’s welfare."

The justices nonetheless attached a condition that the court makes the decision after carefully assessing whether adoption would be beneficial or harmful to the boy. The court needs to make sure the grandparents’ reason for adoption is to protect their grandson, not because of some other reasons such as the remarriage of the boy’s biological parent or acquisition of nationality. In November, the Justice Ministry notified of an impending legislation of a Civil Code revision that would allow not only a married couple but also an unmarried individual to adopt. The law was revised because blocking adoption just because the adoptive parent is unmarried cannot be considered the best option for the welfare of the adoptee.