The Supreme Court has ruled for the first time that grandfathers and grandmothers can adopt young grandchildren as children. However, above all else, I put the condition that it should be allowed only when it is helpful to the happiness and interests of the child.
Reporter Ahn Hee-jae will tell you the details.
In October 2016, couple A went to the court to ask for permission to adopt a minor.
The target of adoption was none other than the only grandchild.
At 7 months of age, the child who was left by her mother’s daughter grew up knowing her grandparents, Mr. A, as father and mother.
As he approached school age, he tried to adopt his grandson as a son, but the courts of the first and second trial did not accept it.
The main reason was that if the birth parents were still alive and the grandparents gave permission for adoption, the mother who gave birth to the child would become an older sister, causing major chaos in the internal order of the family.
I thought that the shock that the child would receive when he later found out that he was adopted should also be considered.
However, today (23rd), the Supreme Court’s decision was different.
If it helps your child, you can authorize adoption.
However, as well as having the consent of the birth parents, the condition is that the grandparents must carefully consider not only their ability to raise children, but also whether they are willing to live in a parent-child relationship, and whether they have any other purpose.
He also emphasized that we should not assume that it could simply disrupt family order or that it would be negative for children’s emotions.
[김명수/대법원장 : 조부모의 손자녀 입양이 입양의 범위와 본질에 반하거나 불가능하지 않습니다. 입양이 사건 본인의 복리에 더 이익이 되는지 반하는지를 판단했어야….]
The Supreme Court sent the case to the Ulsan Family Court for meticulous re-examination according to the newly proposed principles and standards.
(Video coverage: Yang Doo-won, video editing: Jo Moo-hwan)