Special Adoption by Single Individuals Aged 25 or Older Passes Cabinet Meeting

Review of Caregiving Time and Post-Adoption Environment Beyond Caregiving Situation and Ability
Weakened Economic Ties Among Siblings... Removal of Statutory Share for Siblings in Inheritance

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[Asia Economy, reporter Heo Kyungjun] A partial amendment to the Civil Act, which allows single individuals who are not married couples to adopt a child as a special adoptive parent (Chinyangja) if they are deemed capable of raising the child alone, has passed the Cabinet meeting.

On April 5, the Ministry of Justice announced that a partial amendment to the Civil Act and the Family Litigation Act, which mainly allows single individuals to adopt a child as a special adoptive parent and excludes siblings from the list of statutory share (Yuryubun) beneficiaries, has passed the Cabinet meeting. The bill approved by the Cabinet is scheduled to be submitted to the National Assembly on April 8.

Under the current law, only married couples are allowed to adopt a child as a special adoptive parent, and single individuals are fundamentally prohibited from doing so, even if they have the willingness and ability to raise a child well.

However, according to the amendment, single individuals aged 25 or older who can sufficiently guarantee the welfare of the child will also be able to adopt a child as a special adoptive parent. The Ministry of Justice explained that this change expands both the freedom of family life for single individuals and the opportunities for special adoptive children to be raised in better environments.

In comparison, the United Kingdom allows single individuals aged 21 or older, Germany 25 or older, France 28 or older, and California in the United States allows those aged 18 or older who are at least 10 years older than the adoptee, to adopt a child as a special adoptive parent on their own.

The Ministry of Justice stated that, even when a single individual adopts a child as a special adoptive parent, the Civil Act has been amended to ensure that the family court considers not only the caregiving situation and ability but also additional factors such as caregiving time and the post-adoption caregiving environment when granting adoption approval, to prevent any neglect in child protection.

Additionally, a new system has been introduced requiring the family court to conduct a mandatory investigation through a family investigator into circumstances related to the adoption before granting approval, so that matters concerning the welfare of the prospective special adoptive child can be thoroughly reviewed.

Furthermore, a revision to the Civil Act that removes siblings from the list of statutory share (Yuryubun) beneficiaries upon inheritance has also passed the Cabinet meeting. The statutory share refers to the legally designated portion of an estate that must go to certain heirs, such as direct descendants (children, grandchildren), spouses, direct ascendants (parents, grandparents), and siblings.

Under the current Civil Act, direct descendants and spouses are entitled to one-half of their legal share as statutory share, while direct ascendants and siblings are entitled to one-third of their legal share as statutory share.

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