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論未成年人收養之國際趨勢與我國法制
Journal article

論未成年人收養之國際趨勢與我國法制

昀嫺 林
臺灣國際法季刊 臺灣國際法季刊, Vol.5(1), pp.83-109
2008

Abstract

收養法;國際趨勢;子女最佳利益原則;同性戀伴侶;跨種族收養;Adoption Law;International Trend;The Best Interest of the Child;Same-sex Couples;Trans-racial Adoption;Multiple Norms

The former half of this article aims to analyze the international trends of the law for adoption of minors. The first noticeable trend is that ”the best interest of the child” standard has become more concrete ever. Examples are drawn from perspectives of comparative law, such as Adoption and Children Act 2002 in UK and Uniform Adoption Act 1994 in the US. The other trend is the non-discriminative tendency. The academic/legislative/judicial debate over trans-racial adoption and adoption by same-sex couples is introduced in detail. The later half of this article focuses upon Taiwan's 2007 amendment of adoption law in Civil Code. After thorough examination, the author concludes that the new law complies with the first international trend but not quite with the second one. This article then suggests on behalf of future improvement of Civil Code, and proposes the vision of a more tolerant society with multiple norms for families.

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