▲ Supreme Court consensus
The Supreme Court is planning to hold an all-in-one agreement on the adoption permission lawsuit asking for the adoption of grandchildren as children and set the standards for determining whether adoption is possible.
On the 23rd, the Supreme Court's full council (Chief Justice Kim Jae-hyung) is planning to give an appeal on the child's adoption permission lawsuit filed by Mr. A.
This is the first time the Supreme Court has made a decision on the adoption of minor grandchildren by grandparents.
A's daughter B gave birth to a child, C, when she was in high school.
B registered the marriage right before the birth of C, but divorced by agreement shortly after C gave birth.
After that, Mr. B said he would not be able to raise his child, Mr. C, and left Mr. C with his parents, Mr. A.
Mr. A and his wife have been raising their remaining grandchild, Mr. C.
Growing up, Mr. C knew his grandparents, Mr. A, as their parents, and called them 'Mom' and 'Dad'.
▲ The above photo is not related to the content of the article.
Couple A worried about the shock they would receive if their grandson C later entered elementary school and found out that they were grandparents instead of parents, and they were worried about the disadvantage of spending their school days without parents. Mr. B, the mother of Mr. C, has no contact with Mr. A and has agreed to adoption.
According to the Civil Code, anyone who wants to adopt a minor must obtain permission from the Family Court. For the welfare of the child who will be adopted, the Family Court decides whether or not to allow adoption, taking into account the child rearing situation, the motive for the adoption, and the adoptive parent's ability to raise the child.
At this time of appeal, issues such as 'can a grandfather adopt a grandson or granddaughter as a child' and 'what should be considered at that time' are issues. As it has been referred to the full body, there is a possibility that the Supreme Court will specify these standards and whether or not to grant permission.
The first trial and the appeals trial stated, "Grandparents become parents, mothers become older sisters, etc., causing serious confusion in the internal order and kinship of the family, and there is no hindrance to the current state or to raising children through guardianship." The claim was dismissed.
If the Supreme Court reverses the case and the judgment is confirmed in the remandatory remand, a new adoption method can be created in which grandparents can adopt their grandchildren.
However, it is unlikely that the new adoption method will be affected if the all-inclusive body rejects the appeal or renders a remand judgment on the level that 'more trial is needed'.
'News Pick'
(Photo = Yonhap News)