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 What's Adoption |
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Adoption is defined as a legal proceeding that creates a parent-child relation between persons not related by blood; the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents, including the right to inherit.
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| Article 1073 |
The adopter shall be at least twenty years older than the person to be adopted; except when the husband and wife co-adopt and either of the husband or wife is twenty years older than the person to be adopted and the other sixteen years or older than the person to be adopted, the person can be adopted.
When either the husband or wife adopts the child of the other spouse, the adopter shall be at least sixteen years older than the person to be adopted. |
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| Article 1073-1 |
| (1) |
Lineal relatives by blood; |
| (2) |
Lineal relatives by marriage, except adoption of the other party's child by either the husband or the wife; or |
| (3) |
Collateral relatives by blood or marriage of a different rank, except where the former is within the sixth degree of relationship and the latter is within the fifth degree of relationship. |
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| Article 1074 |
When the husband and the wife are to adopt a child, they shall do so jointly, except where one of the following conditions is met:
| (1) |
Where he or she adopts the other party’s child; or |
| (2) |
One of the parties cannot make and accept the declaration of intention or his/her life has been uncertain for three years. |
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| Article 1075 |
| Except when being adopted by a husband and wife, a person shall not be simultaneously adopted by two persons. |
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| Intercountry adoption |
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The following is a guide for foreigner who are interested in adopting a child in Taiwan and applying for an immigrant visa for the child to go to overseas. |
| BACKGROUND |
| In Taiwan, adoption is an agreement between the biological parents/legal guardians and the adoptive parents in relation to the well-being of the child to be adopted.The adoption process is completed by obtaining a civil ruling and certificate for final civil ruling from the Court and registering the adoption at the local Census Bureau where the child is registered.The articles of law relating to adoption in Taiwan are found in the Civil Code Part IV Family, Articles 1072-1083 and Children & Youth Welfare Law, Articles 14-17. |
AGE AND CIVIL STATUS REQUIREMENTS:
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A single parent may adopt a child in Taiwan. |
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Where a married person adopts a child, he or she must do so jointly with his/her spouse. |
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The adoptive parent must be at least twenty years older than the person being adopted. If there are two adoptive parents then both must be at least twenty years older than the person being adopted. |
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DOCUMENTARY REQUIREMENTS:
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Home study： One (1) original copy and Chinese version of home study report from the social welfare agencies/authority |
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Certificate of Good Conduct/Police or Criminal Clearance |
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Medical reports on applicants |
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Financial statement ( Statutory declaration of asset and liabilities) |
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Photo copies of passports on applicants; |
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Notarized contract between the biological parent(s) and adoptive parent(s); |
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Power of Attorney (if the adoptive parents will not appear). |
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Applicants should produce in Court an affidavit or a certified letter from yourauthority/ social welfare department/Consul/ to the effect that you are approved as adopters according to the adoption laws of your count ry. |
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Adoption contract and all of the original documents of applicants should benotarized by our Consul / Representative located in the country of applicants and must be translated into Chinese. |
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There are three major steps for the adoption court-procedure:
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Filing the adoption case at the local District Court for admission. The Courthearing date might be scheduled one to two months later. |
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During this waiting period, the court will assign the social worker from the local bureau of the social affairs or a designated agency to conduct a home visit to the birth family and the child and the prospective adoptive parent(s).If the adoptive parents do not have residency in Taiwan, their home study will be reviewed by the social worker in stead.The civil ruling decree will be published one to two months after the hearing date and a final ruling decree will be published ten days after the first decree is received by all parties. |
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The third step is to register the adoption at the Taiwan Registrar's office submitting the original court ruling, final ruling, and the power of attorney certified at the Taiwan Registrar's office. |
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| IMMIGRANT VISA FOR THE CHILD |
| Persons wishing to adopt a child in Taiwan should follow through and complete adoption procedures in Taiwan and obtain a Taiwan travel document for the child. Without the completed adoption and travel documents in order, it is illegal to take the child out of Taiwan. It is generally faster for the child to obtain a Taiwan passport through the biological parent(s) before the adoption in order to prevent additional delay cause by different spellings of the child's name. Adoptive parent(s) can apply for a Taiwan passport for the child at the Ministry of Foreign Affairs by submitting the household registration, and, if the adoptive parent(s) are not going to appear, the guardian's passport and power of attorney. |
| Note : |
| Assist adoptees and adopting families in signing information release form： |
| (1) |
The central government authority shall establish or empower the childrenand youth welfare institutions to establish a center of adoption databank by keeping the files on the identities and health of adopting parties, adopters, and children and youth to be adopted. |
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The information release form will be safe kept at 「Child and Juvenile Adoption Information Center」and can be changed or corrected. Download |
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| Adoption Consultancy and transfer service |
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Weather you are interested to adopt, is looking to put up a child for adoption or you just want to know more about adoption services in Taiwan,
please contact us.
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The Child and Juvenile Adoption Information Center is co-hosted by: Hand-in-hand Family Service Center