Can Grandparents Adopt Their Grandchildren? Supreme Court Plenary Session Verdict Today

[Asia Economy Reporter Kim Hyung-min] The Supreme Court will issue a ruling today on whether grandparents can adopt a grandchild they have raised since infancy as their own child.

The Supreme Court en banc will deliver a verdict on the 23rd regarding a retrial petition filed by Mr. A and another, who requested the cancellation of a decision that denied permission for the adoption of a minor.

Mr. A and others took care of B, who was born when their daughter was in high school. After giving birth, the daughter divorced her husband and entrusted B to Mr. A and his spouse. At that time, B was seven months old. Mr. A and his spouse effectively became B’s parents, and from the time B started learning to speak, he called them mom and dad. When B was about to enter elementary school, Mr. A and his spouse requested the family court to grant adoption permission. They stated that B might be shocked to learn he was raised by his grandparents and could face disadvantages at school as a child without parents, which was why they applied for adoption.

However, the court rejected Mr. A’s request, citing concerns that granting adoption could cause serious confusion in family order, such as B having to call his biological mother his older sister. The court also judged that adoption was not necessarily required for raising B.

Legal circles expect the Supreme Court en banc to prioritize what would be most beneficial for B’s future growth. The Supreme Court has previously ruled on similar cases. In 2011, it denied a petition for adoption of a granddaughter.

How Article 867 of our Civil Act is interpreted also appears to be important in this case. This article allows adoption permission if it aligns with the minor’s happiness and interests, considering the current environment in which the child is raised, whether the adoptive parents have the ability to raise the child, and the motives for adoption. However, it grants the court discretion to deny adoption if there are other circumstances.

This content was produced with the assistance of AI translation services.