Best Adoption Lawyers in Taiwan

About Adoption Law in Taiwan

Adoption laws in Taiwan are fairly comprehensive and are designed to safeguard the welfare of children. Governed by the Civil Code of Taiwan, the laws are majorly framed to govern domestic adoptions with clearly defined guidelines on international adoptions as well. Notably, there are restrictions on who can adopt and who can be adopted. For example, the adoptive parents must be at least twenty years older than the adoptee, and anyone above the age of seven must provide consent to their adoption. The laws also mandate that the adoption must be in the best interests of the child.

Why You May Need a Lawyer

You may need a lawyer when dealing with the adoption process in Taiwan due to the potential complexity of legal procedures and documentations. It's often beneficial to have someone with legal expertise to interpret the adoption laws, ensure all paperwork is correctly filled out, and to represent you in court if necessary. Situations such as international adoption, adopting a step-child or adoption disputes may particularly require legal assistance.

Local Laws Overview

The key aspects of local adoption laws in Taiwan are primarily found in the Civil Code. Moreover, Article 1083 of the Civil Code states that a person can be adopted only by someone who is at least 20 years his or her senior. Furthermore, a child aged over seven must provide their own consent to be adopted, according to Article 1086. In case of international adoption, strict regulations are in place to ensure compliance with the Hague Convention on inter-country adoption.

Frequently Asked Questions

Who can adopt a child in Taiwan?

An individual must be at least 20 years older than the person they intend to adopt and should be capable of raising and educating the adopted child.

Do the birth parents need to consent to the adoption?

Yes, for a child under the age of seven, consent is required from the child's parents or guardian. Children over the age of seven must provide their own consent.

Is international adoption possible in Taiwan?

Yes, Taiwan permits international adoption but applicant families must meet certain criteria and follow strict regulations to comply with the Hague Convention on inter-country adoption.

Can adoptive parents choose the child they want to adopt?

Child placement is generally based on the best interests of the child and may not necessarily be dictated by the adoptive parents' preference.

What are the legal effects of adoption in Taiwan?

Adoption in Taiwan creates a parent-child relationship by law. The adopted child has the same rights and responsibilities as a biological child, including the right to inherit property.

Can an adoption be reversed?

An adoption can be dissolved by a court if it’s found to be in the best interest of the child. For example, if the adoptive parent is abusive or neglectful.

Are there any restrictions on who can be adopted?

Yes, there are age restrictions for adoptees. For example, the person to be adopted must be at least 20 years younger than the adopters.

Is there a need for a legal procedure for adopting a step-child?

Yes, the legal procedure in Taiwan requires formal adoption even in the case of a step-child.

Is it necessary to hire a lawyer to adopt in Taiwan?

While not always necessary, hiring a lawyer can help navigate through the complex process of adoption and ensure that all legal criteria are fulfilled.

How long does the adoption process take in Taiwan?

The time taken for adoption varies greatly and depends on many factors. It may take several months to several years.

Additional Resources

For additional resources pertaining to adoption in Taiwan, you can visit the Child Welfare Bureau website that offers plenty of information on the subject matter. Other reliable resources include the Taiwan Adoption Register and the Ministry of the Interior. Legal aid organizations such as the Taiwan Legal Aid Foundation can also provide assistance.

Next Steps

If you need legal assistance for adoption in Taiwan you should first seek to understand the adoption laws and prerequisites. We strongly recommend hiring a lawyer with expertise in adoption laws to guide you through the process and ensure all legal requirements are met. Upon finding a reputable lawyer, schedule a consultation to discuss your situation and understand the potential course of action and further steps you may need to take.