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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
CHAPTER III Parents and Children
Article 1059
Parents should agree in writing before filing the child’s birth registration regarding if the child assumes the father’s or mother’s surname. Without such an agreement or when the agreement cannot be made, the surname should be determined by drawing lots at the Household Registration Office.
After filing the child’s birth registration and prior to the child reaching maturity, the parents may in writing change the child’s surname to either the father’s or mother’s.
Where the child reached his/her maturity, he/she may change his/her surname to either the father’s or mother’s surname.
Changing the surname pursuant to preceding two Paragraphs can be done only once.
Where one of the following conditions is met, either the parents or the child can petition in the interest of the child for a judicial declaration to change the child’s surname to either the father’s or mother’s surname:
(1) Where the parents divorce;
(2) Where one or both of parents are deceased;
(3) Where one or both of parents’ lives have been uncertain for three years; or
(4) One of parents has obviously not fulfilled his/her obligation of care-giving.
Article 1059-1
A child born out of wedlock shall assume mother’s surname. Paragraph two through four of the preceding Article should be applicable to a child born out of wedlock who is acknowledged by the biological father.
Where a child born out of wedlock who is acknowledged by the biological father meets one of the following conditions, one of the parents or the child may petition in the interest of the child for a judicial declaration to change the child’s surname to either the father’s and mother’s surname:
(1) Where one or both of parents are deceased;
(2) Where one or both of parents’ lives have been uncertain for three years;
(3) Where the child’s surname is not the same as the parent who performs the rights and duties of the child; or
(4) One of parents has obviously not fulfilled his/her e obligation of care-giving.
Article 1060
The domicile of a minor child is that of the father and mother.
Article 1061
A legitimate child is the child who is born with the conception during the marriage relationship.
Article 1062
The period of conception is the period determined from the one hundred and eighty-first day to the three hundred and second day, both inclusive, traced back from the day of the birth of a child.
Where it can be proved that conception took place within a period traced back within the one hundred and eighty-first day under the preceding paragraph or prior to the aforementioned three hundred and second day, such period is deemed to be the period of conception.
Article 1063
Where the wife conceives during the continuance of a marriage relationship, a child so born is presumed to be legitimate.
In regard to presumption of legitimacy provided in the preceding paragraph, either the husband, the wife, or the child may bring an action for disavowal if he or she can prove that the child was born out of wedlock.
A disavowal pursuant to preceding paragraph shall be effected within two years after one of spouses has the knowledge that the child was born out of wedlock or after the child has the knowledge that he/she was born out of wedlock, except that the child, who has the knowledge that he/she was born out of wedlock when he/she was a minor, can still file the disavowal within two years after he/she reaches maturity.
Article 1064
A child born out of wedlock whose natural father and mother have concluded a marriage to each other is deemed to be legitimate.
Article 1065
A child born out of wedlock who has been acknowledge by the natural father is deemed to be legitimate; where he has been maintained by the natural father, acknowledgment is deemed to have been established.
In the relation to his mother, a child born out of wedlock is deemed to be legitimate and no acknowledgment is necessary.
Article 1066
A child born out of wedlock or his mother may repudiate the acknowledgment by his natural father.
Article 1067
Where there is a fact sufficient to prove that the person is the natural father of the child born out of wedlock, the child born out of wedlock, or the mother, or other statutory agent, may claim acknowledgement from the natural father.
The claim provided in the preceding paragraph can be filed after the death of the natural father against the father’s successors or the social welfare authority if the natural father does not have successors
Article 1068
(Repealed)
Article 1069
The effect of legitimation of a child born out of wedlock is retroactive as from the time of birth, but the existing rights of the third parties will not be affected thereby.
Article 1069-1
The child born out of wedlock have been claimed acknowledgement from his natural father, the provisions in Article 1055, Article 1050-1, and Article 1055-2 shall be applicable mutatis mutandis to the rights and duties of the minor child.
Article 1070
When the natural father has acknowledged a child born out of wedlock, such acknowledgment shall not be revoked, except where the facts prove that the person is not the natural father.
Article 1071
(Repealed)
Article 1072
Where a person adopts the child of another as his own child, the adopter is called the adoptive father or adoptive mother and the person adopted is called the adopted son or adopted daughter.
Article 1073
The adopter shall be at least twenty years older than the person to be adopted; except when the husband and wife co-adopt and either of the husband or wife is twenty years older than the person to be adopted and the other sixteen years or older than the person to be adopted, the person can be adopted.
When either the husband or wife adopts the child of the other spouse, the adopter shall be at least sixteen years older than the person to be adopted.
Article 1073-1
None of the following relatives may be adopted as an adopted child:
(1) Lineal relatives by blood;
(2) Lineal relatives by marriage, except adoption of the other party's child by either the husband or the wife; or
(3) Collateral relatives by blood or marriage of a different rank, except where the former is within the sixth degree of relationship and the latter is within the fifth degree of relationship.
Article 1074
When the husband and the wife are to adopt a child, they shall do so jointly, except where one of the following conditions is met:
(1) Where he or she adopts the other party’s child; or
(2) One of the parties cannot make and accept the declaration of intention or his/her life has been uncertain for three years.
Article 1075
Except when being adopted by a husband and wife, a person shall not be simultaneously adopted by two persons.
Article 1076
Where either the husband or the wife is adopting a child, the consent of the other party shall be obtained; except when the party cannot make and accept the declaration of intention or his/her life has been uncertain for three years.
Article 1076-1
When the child is adopted, the consent of the parents shall be obtained; except when one of the following conditions is met:
(1) Where one or both of the parents, who shall but can not exercise the rights and assume the duties in regard to the child or did not protect the interests of the child, refuses to consent; or
(2) Where one or both of the parents in fact cannot make the declaration of intention and accept the declaration of intention.
The consent provided in the preceding paragraph shall be in writing and notarized, except where the person who petitions for the judicial declaration of the adoption can orally express the consent to the court and the consent shall be recorded in the court record.
The consent provided in paragraph one cannot attach with a condition or duration.
Article 1076-2
A minor of younger than seven years of age shall make the declaration of intention and accept the declaration of intention through his/her statutory agent when he/she is to be adopted.
A minor older than seven years of age shall obtain the consent of his/her statutory agent when he is to be adopted.
The parents of the child to be adopted who have made and accepted the declaration of intention, or consent pursuant to the preceding two paragraphs on behalf of the child as a statutory agent, are able to waive the formality of providing consent pursuant to the preceding provision.
Article 1077
The relationship between an adopted child and his adoptive parents and their relatives is the same as that between a legitimate child with his parents, unless otherwise provided by law.
The rights and duties between an adopted child and his/her natural parents and their relatives is suspended during the period of adoption, except where one party of the husband and the wife adopts the other party’s child, the other party’s rights and duties to the child is not affected by the adoption.
After adopting the child, if the adopter marries the adoptee’s natural father or mother, the adoptive child resumes his/her rights and duties to natural parents; except the right obtained by the third party is not affected.
Where the adoptive child has lineal relatives by blood at the time of adoption, the effect of the adoption is limited to his/her minor and non-married lineal relatives by blood; except where before the adoption, the adult or married lineal relatives by blood consents.
Consent provided by the preceding paragraph applies mutatis mutandis to the second and third paragraphs of Article 1076-1.
Article 1078
An adopted child assumes the surname of the adopter or will maintain original surname.
Where the husband and the wife co-adopt a child, before the registration of the adoption, both parties shall agree in writing regarding if the adopted child should assume the adoptive father or adoptive mother’s surname or maintain the original surname.
The second and fifth paragraphs of Article 1059 apply mutatis mutandis to the adoption.
Article 1079
Adoption shall be effected in writing and petitioned for the court’s approval.
The court shall not approve the adoption where the adoption is based on a ground that it is void, may be annulled, or violates other laws.
Article 1079-1
The court shall approve the adoption of the minor based upon the best interest of the adoptive child.
Article 1079-2
Where an adult is to be adopted, the court shall not approve the adoption if one of the following conditions is met:
(1) By performing the adoption there is an intent to waive legal duties;
(2) The adoption is proved to be unfavorable to the child’s natural parents; or
(3) Other grave reasons that are against the purpose of the adoption.
Article 1079-3
The effect of the adoption is retroactive as from the time that the court’s admission was finalized to the time when the contract of adoption was formed. Except, where the rights obtained by the third party are not affected.
Article 1079-4
The adoption is void if it violates Article 1073, Article 1073-1, Article 1075, Article 1076-1, paragraph one of Article 1076-2, or paragraph one of Article 1079.
Article 1079-5
If the adoption of a child violates the provisions in Article 1074, the spouse of the adopter may apply to the court for annulment of the adoption; however such application shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.
If the adoption of a child violates the provisions in Article 1076 or the second paragraph of Article1076-2, the spouse of the adopted person, or the child's statutory agent may petition the court for annulment of the adoption; but such petition shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.
The provisions in Articles 1082 and 1083 shall be applied mutatis mutandis to the adoption annulled by the judgment of the court pursuant to the provisions in the preceding two paragraphs.
Article 1080
The relationship between an adopted child and his adoptive parents may be terminated by mutual agreement of the parties.
The termination provided in the preceding paragraph shall be made in writing. Where the adoptive child is a minor, the termination shall be petitioned to the court.
The court’s approval of the adoption under the preceding paragraph must be based on the best interest of the child.
Where the adoptive child is a minor, termination of the adoption is effective at the time when the court’s approval of the termination is finalized.
If the adopted child is younger than seven years old, the intention to terminate the adoptive relationship shall be declared on his behalf by the person who will be his statutory agent after the termination of the adoption.
If the adopted child is a minor of more than seven years old, the termination of the adoptive relationship shall be subject to consent of the person who will be the child’s statutory agent after the termination of the adoption.
Where the husband and wife co-adopt a child, termination of adoption shall be done jointly. However the termination can be done independently if one of the following conditions is met:
(1) Either party, the husband or the wife, cannot make and accept the declaration of intention or his/her life has been uncertain for three years;
(2) Either party, the husband or the wife, is deceased after the adoption; or
(3) The husband and wife are divorced.
Where one party, either the husband or wife, terminates the adoption pursuant to the preceding paragraph, the effect of the termination does not extend to the other party.
Article 1080-1
After the death of the adopted parents, the adopted child may petition the court for approval to terminate the adoption.
If the adopted child is younger than seven years old, the petition to terminate the adoption shall be declared on his behalf by the person who will be his statutory agent after the termination of adoption.
If the adopted child is a minor older than seven years old, the petition for termination of adoption shall be subject to the consent of the person who will be the child’s statutory agent after the termination of adoption.
The court shall not approve the termination of adoption if the court determines that the termination is obviously unfair.
Article 1080-2
The termination of adoption is void, if it violates the second and the fifth paragraphs of Article 1080-2, or the second paragraph of Article1080-1.
Article 1080-3
If the termination of the adoption violates the seventh paragraph of Article 1080, the spouse of the person who terminate the adoption may petition the court for annulment of the termination of the adoption; but such petition shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.
If the termination of the adoption violates the provisions in the sixth paragraph of Article 1080 or the third paragraph of Article 1080-1, the person who is the child's statutory agent after the termination of the adoption may petition the court for annulment of the termination of the adoption; but such petition shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.
Article 1081
Where either party, the adoptive parents or the adoptive child, meets one of the following conditions, the court can terminate the adoption based on the petition of the other party, administrative authority or interested person:
(1) Where the party has abused and grossly insulted the other party;
(2) Where the party abandoned the other party;
(3) Where the party committed a crime intentionally and is sentenced to more than two years imprisonment without probation; or
(4) Where there is other grave reason that makes it hard to maintain the adoption relationship.
Where the adoptive child is a minor, the court shall terminate the adoption based upon the best interest of the adoptive child.
Article 1082
Where the adoptive relationship has been terminated by the judgment, and the innocent party is thereby reduced to difficulties in livelihood, he may demand payment of an equitable sum of money from the other party.
Article 1083
From the time of the termination of the adoption, the adoptive child and his or her lineal relative by blood who is affected by the adoption shall resume use of his or her surname, and the rights and duties to his or her natural parents and relatives. However, the rights obtained by the third party are not affected.
Article 1083-1
The court may apply mutatis mutandis to the Article 1055-1 when the court rules pursuant to the fifth paragraph of Article 1059, the second paragraph of Article 1059-1, the third paragraph of Article 1078, the Article 1079-1, the third paragraph of Article 1080 or the second paragraph of Article 1081.
Article 1084
Children shall be filial to and respect their parents.
Parents have the rights and the duties to protect, educate and maintain their minor children.
Article 1085
Parents may, within the limit of necessity, inflict punishment upon their children.
Article 1086
Parents are the statutory agents of their minor children.
Where the parents have a conflict of interest with their minor children and therefore cannot be the statutory agents to the children under the law, the court can appoint a special agent based upon its discretion or the petition of parents, minor children, administrative authority, social welfare institution, or other interested person.
Article 1087
Property which accrues to the minor children by inheritance, gift or other gratuitous title constitutes their separate property.
Article 1088
The separate property of a minor child shall be managed by the parents jointly.
The parents have the right to use, and to collect fruits from the separate property of the minor child, but they may not dispose of it except for the interests of the child.
Article 1089
The parents shall jointly exercise their rights and assume their duties in regard to their minor child, unless otherwise provided by law. If one of them can not exercise such rights, the rights shall be exercised by the other party. If the parents can not assume the duties jointly, the duties shall be assumed by the parent who has the ability to do so.
If there is inconsistency between the parents in the exercise of the rights in regard to the grave events of the minor child, they may apply to the court for the decision in accordance with the best interests of the child.
Before the decision of the preceding paragraph, the court shall give the minor child, the authorities concerned, or the social welfare institution a hearing.
Article 1089-1
Where the parents do not continue their cohabitation for more than six months, exercise of the rights or assumption of duties to the minor applies mutatis mutandis to the Article 1055, Article 1055-1 and Article 1055-2.
Article 1090
Where one of the parents has abused his or her rights over their children, the court can suspend all or part of his or her rights to the children based upon its discretion or petition of the other party, minor children, administrative authority, social welfare institution or other interested person.