| Summary: | 碩士 === 東吳大學 === 法律學系 === 102 === Abstract
This article is to investigate the pros and cons of Taiwan’s Adoption law and judicial decisions with the view of "the best interests of the child principle", and to present the gap between the adoption regulations and the adoption process. First, list systematically the interpretations to "the best interests of the child" of Taiwan, China(PRC), other foreigns and "United Nations Convention on the Rights of the Child 1989",whereby to observe if there exist common factors and implications of “the best interests of the child” . Second, to see how “the best interests of the child” has been realized in Taiwan national law by examining each adoption regulations(focus on substantial requisites and formal requisites of adoption).
Through empirical research on judicial decisions of Taiwan Taipei District Court, Taiwan Shrlin District Court, and Taiwan New Taipei District Court from 1st January, 2012 to 28th February 28, 2014 to demonstrate how the court interpret and implement" the best interests of the child" in specific cases. Are there standards to help to determine “the best interests of the child”? Are there gaps in these standards? Finally, make recommendations to amend the Adoption law and adoption procedures for future reference.
My study found that although the culture different from countries, the factors and implications of “the best interests of the child” in the academic theory seem to be very close. In Taiwan, the court's view on “the best interests of the child” though diverse and complex, there is still approximation criterion in different cases. Further, the court rely much on the professional suggestion of the social worker for the cases of minor children adoption, but a few judges make different decisions from opinions of social worker, showing the court did not accept all assessment visit report. The Court apparently is the ultimate decision maker of “best interests of child”.
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