Criteria for the process of remedial counseling before terminating the adoption of a child who is still a minor

     There are requirements, procedures, and conditions for making an application and being given consideration for termination if one wants to discontinue adopting a child and to start the legal remedy process. Providing guidance for healing must take place within 60 days starting from the request date, and it may be extended no more than twice (not to exceed 15 days for each time). 

Conditions in compliance with law

     In the event that the child used to be under the custody of the welfare center or there is no parent or guardian to take further care of that child (or the biological parents do not wish to take the child back in order to provide care), the competent official will take the following actions:

1.  Arrange for children to receive welfare assistance or welfare protection under the laws of child protection. Actions may be taken as urgently needed;

    

2. The adopter who has terminated the adoption agreement will remain obligated to provide reasonable support and educational expenses for the child. Financial support must be provided according to the adopter's capacity until the child reaches the age of maturity. If the child is disabled and unable to support himself or herself even after reaching the age of maturity, the adopter will have to bear the cost of foster care. However, this provision does not apply if the adopted child has committed an offense under Section 1598 of the Civil and Commercial Code (6) or (3) (2) (1) 33/, or if another adopter has taken responsibility for the care of the child. The former adopter has no right to claim compensation for child-rearing costs under this section. In order to claim expenses related to child-rearing and education, the competent authorities will take the appropriate actions, and the prosecutor may file a lawsuit on behalf of the former adopter.

The above conditions apply unless the court orders the adoption to be terminated due to the following actions committed by the adopted child:

• Committing a criminal offense against the adoptive parent, whether or not it is a felony;
• Committing severe verbal or physical abuse toward the adoptive parent;
• Causing severe harm, either physical or psychological, toward the adoptive parent, spouse, or family members to the extent that the actions constitute a criminal offense;
• Being sentenced by a final judgment to imprisonment for more than three years, except for offenses committed through negligence.

Data updated on March 23, 2023. 
Source: Digital Government Development Agency
Tel. +66 2612 6060