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Laws › Civil Act › Sub-Section 1 Requisites for, and Effect of, Adoption

Civil Act — Article 869 (Declaration of intent to adopt)

민법 제869조

(1) If a person to be adopted is a minor of at least 13 years of age, the adoption shall be granted with the consent of his or her legal representative.

(2) If a person to be adopted is a minor under 13 years of age, his or her legal representative shall permit the adoption on his or her behalf.

(3) In any of the following circumstances, the Family Court may permit adoption under Article 867(1) even if the consent under paragraph (1) or the permission under (2) has not been obtained:

1. Where the legal representative refuses to give his or her consent or permit without any just ground; provided, where the legal representative is the person with parental authority, he or she shall fall under any cause prescribed in Article 870(2);

2. Where the consent or permission is unable to be obtained due to the unknown whereabouts of the legal representative or by any other cause.

(4) In cases falling under paragraph (3)1, the Family Court shall examine the legal representative.

(5) The consent under paragraph (1) or the permission under paragraph (2) may be withdrawn before the adoption is permitted under Article 867(1).[This Article Wholly Amended on Feb. 10, 2012]

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