익명입양 제도의 문제점과 대응방안

Abstract

「Act on Special Cases Concerning Promotion and Proceedings of Adoption」 allows anonymous adoption, which means that the parents can consent to the adoption of their child before would-be adopter is decided. But such an adoption cannot be in harmony with Korean adoption law system, because it is premised on the contractual adoption-model. The Act on Special Cases Concerning Promotion and Proceedings of Adoption does not bring the declaratory adoption-model in, either. It can result to child trafficking. Furthermore, anonymous adoption is usually combined with relinquishment of parental rights, but which is not allowed in KBGB. Also anonymous adoption is accompanied by the possibility to infringe on parents' right to participate the proceedings of adoption. Therefore anonymous adotion should be abolished. Of course, adoption proceedings can be delayed aganinst the best interest of the child if blank-consent of parents is not allowed. But the introduction of the article about consent-exemption would prevent such a situation.