Chapter II
Identity and Rights
Amended Date：2008.08.06
Article 13
The midwife shall communicate the birth information with household and health authorities within seven (7) days of the childbirth.
The midwife shall communicate with the authorities mentioned in previous paragraph, albeit no complete information to be communicated for this birth information. The household authorities shall process in accordance with relevant regulations upon receipt of the information communicated. Whenever necessary, they may request assistance of authorities concerned, policing and other competent authorities.
The form for childbirth communication will be developed and formulated by the central health authorities.
TOP
Article 14
The adoption of child and youth recognized and approved by the court shall be based on the best interests of the child and youth concerned by measuring and assessing the personalities, financial ability, family conditions of the adopters and referring to their records of looking after or guarding other children and youth in order for a proper decision.
When the child and youth at age of seven (7) are adopted, their desire shall be respected. In case the child or youth concerned disagrees, the court shall not recognize and approve the adoption unless the adoption is ensured to meet the best interests of the child or youth to be adopted.
Prior to recognizing and approving the adoption, the court may allow the adopter(s) living together with the child or youth to be adopted for a specific period that may be referred when the court makes decision on recognition and approval of the adoption. During the period of living together, the adopter(s) shall be liable to exercise or assume the obligations and duties on the child or youth concerned.
Prior to recognizing and approving the adoption, the court may order the authorities concerned or the children and youth welfare institution(s) conduct interview and visit the adopter(s) and submit a report with suggestions. The adopter(s) or interested parties of the adoption may also submit relevant information or evidences for references and assessment by the court.
When conducting the interview and visit as stated in previous paragraph, the authorities concerned or the children and youth welfare institution(s) shall examine and evaluate whether it is necessary to have the adoption and provide necessary assistance. If the adoption is found unnecessary, they should suggest the court not to recognize and approve the adoption.
Prior to the recognition and approval of adoption on the abandoned child or youth, the court shall order the authorities concerned to investigate and examine the identi
TOP
Article 16
The interested parties or authorities concerned may request for termination of the adoption in case the adoptive parents treat the adopted children in following conditions:
1. Any behavior as defined in the provisions of article 30;
2. Violation on the provisions of paragraph 2of article 26 or paragraph 2 of article 28.
TOP
Article 17
The central government authority shall establish or empower the children and 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.
The center of adoption databank or its employees or staff processing the adoptions shall protect the privacy of parties concerned and keep confidential on the information. No such information shall be disclosed to any third party without prior consent or request by law.
The central government authority shall formulate the guidelines on governing and use of the information range and resources.
TOP
Article 18
In case the parents or guardian(s) are unable to fulfill the duties and obligations to rear their children or youth, they may authorize the children and youth welfare institutions that provide adoption services to search for the proper adopter(s) on their behalf before applying for recognition and approval of adoption to the court.
The welfare institutions mentioned in previous paragraph may conduct in advance an interview and visit for measuring the necessity of adoption upon receipt of the adoption request. When confirming the necessity of adoption, the institution(s) shall provide guidance and assistance with the adoption herein through fostering, probationary adoption or any appropriate placements.
The central government authority shall formulate and establish the procedures for permit, management, withdrawal, and adoption media of the adoption services engaged by the children and youth welfare institutions.
TOP