Supreme Court Plenary Session: "Grandparents Can Adopt Grandchildren If Conditions Are Met"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that grandparents can also adopt their grandchildren in the form of general adoption if they meet the appropriate requirements.

The Supreme Court en banc (Presiding Justice Kim Jae-hyung) on the 23rd overturned the lower court's decision that denied adoption in the appeal case filed by Mr. and Mrs. A, who sought permission to adopt their grandson, and remanded the case to the Ulsan District Court.

The majority of justices (10 members) ruled, "Even if a minor has biological parents, if those parents do not raise the child and the grandparents request permission to adopt the grandchild, adoption can be permitted if the adoption requirements such as consent are met and the adoption is in the child's best interest."

The Supreme Court stated, "The fact that the biological mother of the case subject (the grandson) is alive does not constitute a reason to deny the petitioners' adoption of the case subject," and added, "Even if adoption may cause confusion in the internal family order or kinship relations, adoption should be permitted if, considering the specific circumstances, it is more beneficial to the case subject."

This decision is the first time the Supreme Court has ruled that when a minor has biological parents who do not raise the child, and grandparents request adoption permission for their grandchild, adoption can be permitted if the adoption requirements are met and the adoption better serves the child's welfare.

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

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

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