(1) The adoption of a minor shall require consent of his or her parents; provided, the same shall not apply in any of the following circumstances:
1. Where the parents have given consent under Article 869(1) or permission under Article 869(2);
2. Where the parents have been declared to lose parental authority;
3. Where he or she has not been able to obtain consent from his or her parents due to the reasons such as the unknown whereabouts of the parents, etc.
(2) Even if the parents refuse to give their consent, the Family Court may permit adoption under Article 867(1) where any of the following causes arises. In such cases, the Family Court shall examine the parents:
1. If the parents have failed to perform their duty to foster the child for at least three years;
2. If the parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3) The consent referred to in paragraph (1) may be withdrawn before the permission for adoption is granted under Article 867(1).[This Article Wholly Amended on Feb. 10, 2012]