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Chapter Law Content

Chapter 2 Identity Interest:
Article 14
The person who delivers the baby shall report the relevant birth information to the authorized agencies in charge of health for reference within seven days after the delivery of the baby.
If it is stillborn, the same applies.
If the person who delivers the baby fails to report with the complete birth information, he/she shall follow the reporting procedure as mentioned in the preceding paragraph.
The authorized agencies in charge of health shall forward the birth report specified in Paragraph 1 to the authorized agencies in charge of household registration for handling in accordance with the relevant regulations. If necessary, the authorized agencies in charge of household registration shall request the assistance from the authorized agencies, authorized agencies in charge of police, and other competent authorities.
The central authorized agencies in charge of health shall provide the relevant data sheet for the report specified in Paragraph 1.
Article 15
Adoption matching services can only be provided by incorporated foundations and public/private institutes for the placement and education of children and youth (hereinafter referred to as an adoption matching service agency) subject to the approval of the authorized agency.
An adoption matching service agency shall evaluate and arrange for the adopter and children and youth to live with or contact each other gradually in advance.
An adoption matching service agency that offers this service may charge a service fee from the adopter.
The central authorized agency shall enact regulations governing the qualifications for adoption matching service agencies, application procedures, issuance, revocation and cancellation of licenses, services range, examination of business and its management, closure, suspension, and resumption specified in Paragraph 1, the service specified in Paragraph 2, the charges and standards for charges specified in the preceding paragraph, and other regulations that shall be observed.
Article 16
Parents and guardians who are unable to take responsibility for their children’s maintenance and are considering adoption shall entrust an adoption matching service agency to search for an appropriate adopter. However, this provision shall not be applicable in the cases below:
1. The seniority in the family is equivalent within six degrees of kinship of relatives or within five degrees of kinship of relatives by marriage.
2. One of the parents adopts the other party’s children.
An adoption matching service agency shall conduct the interviews for the necessity of adoption before accepting the assignment and make an assessment report. If adoption is necessary after being assessed, the adoption matching service agency shall conduct the assessment of the adopter and provide the appropriate adoption measures, such as guidance and assistance. If adoption is inappropriate after being assessed, the adoption matching service agency shall provide or recommend relevant welfare services.
Adoption referred to in Paragraph 1 shall consider a domestic adopter as priority.
Article 17
When an appeal for the adoption of children and youth is made for approval in court, an adoption assessment report referred to in Paragraph 2 of the preceding article shall be submitted unless the provision referred to in Paragraph 1 of the preceding article applies. If the adoption assessment report is not submitted, the court shall order the applicant to submit the adoption assessment report in a certain period of time. If the adoption assessment report is not submitted within the given period of time, the appeal shall be rejected.
Before approving the adoption of children and youth, the court may take the following measures for its reference in decision-making:
1. Order special municipal or county (city) authorized agencies, welfare institutes for children and youth, other appropriate groups or professionals to conduct interviews and make reports and proposals.
2. Order the adopter to live with the children and youth for a certain period of time. During the period of living together, the adopter shall be responsible for or assume the rights and obligations for care of the children and youth in the adoption process.
3. Order the adopter to attend preparation courses for parental education, mental appraisals, drug and alcohol tests or other necessary issues that protect the best interests of the children and youth; any expenses shall be at the cost of the adopter.
4. Order special municipal or county (city) authorized agencies to investigate the identification information of abandoned children and youth.
The interviewer referred to in Subparagraph 1 of the preceding paragraph shall assess the necessity of adoption and offer assistance as needed. If adoption is found to be unnecessary, the interviewer shall propose to the court not approving the adoption.
The adopter or interested party for the adoption may also present the relevant information or evidence for the court’s reference.
Article 18
If parents have different opinions about the adoption of children and youth, or either parent’s whereabouts is unknown, one of the parents may still make an appeal for approval in court. The court shall approve the adoption if considering it to be in the best interests of the children and youth in question.
The court shall inform the special municipal or county (city) authorized agencies in writing of the approval or rejection of the adoption of children and youth in question. The special municipal or county (city) authorized agencies shall conduct the necessary interviews or make other arrangements and keep records accordingly.
Article 19
Once the court approves the adoption of children and youth in question, relationship through adoption shall take effect at the time of the establishment of a written adoption contract; if there is no written contract, relationship through adoption shall be established at the time of an appeal in court. In the case of a trial adoption, relationship through adoption shall be traced back to the commencement of living together.
When the children and youth die after the appeal for adoption is made and before the court approves, the appeal procedures shall be terminated. If the adopter dies, the court shall order the special municipal or county (city) authorized agencies, welfare institutes for children and youth, other appropriate groups or professionals to assess the situation and make reports and proposals. If considering the adoption to be for the best interests of the children and youth in question, the court may still approve the adoption with the same effect as mentioned in the preceding paragraph.
Article 20
If adoptive parents impose any of the following acts on their adopted children, the adopted children, interested parties or authorized agencies may appeal to the court for declaring the termination of the adoption:
1. Impose any of the acts specified in any subparagraph of Article 49.
2. Violate the regulations of Paragraph 2, Article 43 or Paragraph 2, Article 47 in a serious manner.
Article 21
The central authorized agency shall keep the relevant information on the identity and health of adoption givers, adopters and adopted children and youth.
Adoption matching service agencies and special municipal or county (city) authorized agencies, welfare institutes for children and youth, and other appropriate groups or professionals that are ordered by the court to conduct interviews and assessment shall regularly submit the relevant adoption information described in the preceding paragraph to the central authorized agency for its safekeeping.
The personnel who are in charge of the adoption affairs, information safekeeping, or other relevant affairs shall maintain the privacy of the parties and keep the information mentioned in Paragraph 1 confidential unless otherwise stipulated by the law.
The regulations governing the range, source, management, and use of information mentioned in Paragraph 1 shall be enacted by the central authorized agency.
Article 21-1
Authority shall provide adopted children and youth, adoption givers, adopters and interested parties kin finding service and may ask the household registration, police, or other related agencies for assistance if necessary. Agencies and organizations that are asked to provide any assistance shall cooperate.
Authority shall offer consultation transfer service for psychology, medical care and law, etc. as per the request from adopted children and youth, adoption givers, adopters or interested parties.
Article 22
Authorized agencies shall ask for assistance from the authorized agencies in charge of household registration and immigration in the household registration, naturalization, residence, or settlement for children and youth who do not apply for household registration, are stateless, or fail to acquire a residence or settlement permit.
Before the completion of household registration or the acquisition of a residence or fixed abode permit mentioned in the preceding paragraph, the social welfare services, medical care, and schooling rights and interests of the children and youth shall be protected in accordance with the law.