(1) Any person who intends to make the full adoption of a child shall make a request to the Family Court for such full adoption upon meeting all of the following requirements:
1. The adoption shall be made jointly by the husband and wife who have been married for at least three years; provided, this shall not apply where either of the husband and wife who have been married for at least one year or more makes the full adoption of the other spouse's child as his or her one;
2. A child to be fully adopted shall be a minor;
3. Consent to such adoption shall be obtained from the natural parents of a child to be fully adopted; provided, the same shall not apply, if the parents are unable to give consent due to the declaration of the loss of parental authority, unknown whereabouts of the parents or by any other cause;
4. If a child to be fully adopted is at least 13 years of age, the adoption shall be permitted with the consent of the child's legal representative;
5. If a child to be fully adopted is under the age of 13, the child's legal representative shall permit the adoption on behalf of the child.
(2) The Family Court may accept the claim made under paragraph (1) even without the consent paragraph (1)3 or 4 or the permission paragraph (1)5 in any of the following circumstances. In such cases, the Family Court shall examine the person entitled to consent or permission:
1. Where the legal representative refuses to give consent or permission without any just ground; provided, if the legal representative is a person of parental authority, he or she shall have any cause referred to in subparagraph 2 or 3;
2. Where the natural parents have failed to perform the duty to foster the child or to exercise the visitation right for at least three years due to a cause attributable to themselves;
3. Where the natural parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3) The Family Court may reject the request made under paragraph (1) if such full adoption is deemed inappropriate for the welfare of the child to be adopted, taking into consideration the situation of the child's fostering, the motives of such full adoption, the prospective adoptive parents’ competence for fostering the child, and other circumstances.[This Article Wholly Amended on Feb. 10, 2012]