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  • Interpretation
  • No.58【Under Translation】
  • Date
  • 1956/02/10
  • Issue
    • Will the marriage of an adopted daughter, with the approval of the adoptive parents, to their biological son terminate an adoptive relationship?
  • Holding
    •        Article 1080 of the Civil Code states that the relation between an adopted child and his/her adoptive parents might be terminated by mutual agreement of the parties in writing. If an adopted daughter marries the biological son of adoptive parents with their approval, the marriage arrangement changes the adoption status, which substantially matches the requirement of mutual agreement to terminate the adoptive relationship between an adopted daughter and her adoptive parents. Appropriately, where enforcement of the termination of the adoptive agreement in writing is impossible because the adoptive parents both died before the completion of the change in the adoptive status procedure, the adopted daughter, therefore, is able to apply to the court for approval to terminate the adoptive agreement based on Article 1081, Subparagraph 6, of the Civil Code of which other serious reasons exist to terminate an adoptive relationship.
    • *Translated by Lawrence L. C. Lee.
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