Best Adoption Lawyers in Taiwan

About Adoption Law in Taiwan, Taiwan

Adoption law in Taiwan is governed by the Civil Code of Taiwan and overseen by the Ministry of the Interior's Child and Youth Welfare and Protection Division. The law states that both local and foreign adults who have been deemed fit and capable by the government are allowed to adopt a Taiwanese child. However, to ensure the welfare of the child, the adoption process is thorough and requires potential parents to undergo a series of assessments. This includes in-depth background checks, health examinations, interviews, and a review of supporting documents.

Why You May Need a Lawyer

Adoption involves complex legal processes, particularly when it comes to the adoption of a child from another country. A lawyer can help guide you through the legalities, file necessary paperwork, and represent you in court if needed. They can ensure all local and international laws are complied with, reducing the risk of complications or delays. You may require a lawyer during disputes related to adoption, such as contested adoptions, adoption annulment, or issues concerning birth parents' rights.

Local Laws Overview

The main law governing adoption in Taiwan is the Civil Code, specifically Book Four Family. The code emphasizes the best interests of the child and stipulates that adopters must be adults who are at least 20 years older than the adoptee. Adoptees can be relinquished for adoption by birth parents, or may be available for adoption if they have been abandoned or orphaned. Article 1089 of the Civil Code outlines the process where adoptive parents who wish to rescind an adoption agreement must obtain permission from a court.

Frequently Asked Questions

Who can adopt a child in Taiwan?

Taiwanese and foreign adults over the age of twenty can adopt a child in Taiwan, provided they have met all legal and governmental requirements.

What is the age limit for adoptive parents in Taiwan?

Adopters must be adults who are at least 20 years older than the child whom they are adopting.

Do biological parents have any rights after adoption?

The rights of biological parents are terminated after an adoption order has been finalized. However, in cases where the adoption has been revoked or annulled, some rights may be reinstated.

Who supervises the adoption process in Taiwan?

The child and youth welfare institutions approved by the central government authorities supervise the adoption process under the guidance of the Ministry of the Interior's Child and Youth Welfare and Protection Division.

Can a single person adopt a child in Taiwan?

Yes, single persons can adopt in Taiwan as long as they meet all other legality and suitability criteria.

Can same-sex couples adopt in Taiwan?

While Taiwan recognizes same-sex marriages, the law concerning same-sex adoptions remains unclear, and it is recommended to seek legal advice.

What are the grounds for adoption annulment in Taiwan?

Adoption can be annulled if it’s discovered that the consent of the adoption was obtained through fraud or duress.

Are open adoptions allowed in Taiwan?

While the local law doesn't specifically prohibit open adoptions, the common practice in Taiwan leans towards closed adoptions. It’s advised that prospective adoptive parents consult with a lawyer to best understand their options.

What is the process of international adoption in Taiwan?

It involves several steps, including deciding to adopt, qualifying to adopt, getting a home study, applying to adopt, being matched with a child, adopting or gaining legal custody in Taiwan, and obtaining a visa to travel back home with the child. A lawyer can help simplify this process and ensure compliance at every step.

What is the duration of the adoption process in Taiwan?

The typical adoption process can take anywhere from six months to two years, depending on various factors like documents preparation and the home study process. Legal assistance is commonly sought to avoid delays and ensure proper procedure.

Additional Resources

For those seeking legal advice in the field of adoption in Taiwan, established organizations such as Taiwan’s Child and Youth Welfare and Protection Division, and Taiwan's Child Welfare League Foundation could be considered. A lawyer specializing in family law would also be able to provide accurate information and advice tailored to individual cases.

Next Steps

If you require legal assistance in adoption, it is advisable to reach out to a family law attorney or law firm that specializes in adoption cases in Taiwan. The lawyer will help you navigate through the complex legal procedures, ensure your compliance with regulations, and represent your interests in any legal disputes that may arise.