Adopted Daughter Runs Away, Only Debt Collection Notices Arrive
"Can No Longer Repay Debt"... Couple Considering Abandonment
"Non-Existence of Parent-Child Relationship Confirmed, Judged Similar to Judicial Abandonment"
Is it possible to disown an adopted daughter who ran away from home as a high school student and has been out of contact for over 10 years, even accumulating debt? An expert has determined that "to dissolve the adoption, a lawsuit for confirmation of non-existence of biological parent-child relationship must be filed as a substitute for disownment."
On the 2nd, YTN Radio's 'Attorney Joinseop's Counseling Center' introduced the story of a woman, Ms. A, who wanted to sever ties with her adopted daughter. Ms. A and her husband were financially comfortable and had compatible personalities. Their only concern was that they had no children between them.
They consistently visited infertility clinics but to no avail. Eventually, the couple decided to adopt and, due to their circumstances, adopted a baby girl about 100 days old who had been entrusted by a single mother.
Ms. A and her husband registered the child as their own and raised her with care. However, as the daughter grew, she became increasingly rebellious. During middle school, she ran away several times during puberty, and by the first year of high school, she left home for good. The daughter has not returned even after 10 years.
Instead of the awaited contact from their daughter, debt collection notices arrived. Ms. A said, "I have paid off my daughter's debts several times, but the debt collection notices keep coming. My husband and I are retired now, so it is difficult to pay off the debts any longer. I think we need to sever ties with our daughter; is that possible?" she sought advice.
In response, Attorney Woo Jinseo (Shinsegae Law Firm) stated, "If the adoption intention was declared by registering the child as a biological child, the adoption is effective. To dissolve the adoption, a lawsuit for confirmation of non-existence of biological parent-child relationship must be filed as a substitute for disownment," adding, "Confirmation of non-existence of biological parent-child relationship is judged similarly to judicial disownment."
He continued, "In Ms. A's case, there has been no contact with the adopted child for over 10 years, and although the adoptive parents have paid off debts several times, debts continue to accumulate, which appears to be a significant reason making it difficult to maintain the adoptive parent-child relationship," and explained, "Even if you do not know the daughter's address or contact information, you can file a lawsuit at the family court. After filing, you must explain the circumstances of the missing person report and the ongoing lack of contact."
He added, "Besides reasons for disownment, a genetic test must prove 'no biological blood relation.' In cases like Ms. A's, where genetic testing is impossible, the court can confirm the non-existence of a biological parent-child relationship through adoption agency records," he said.
He further advised, "Once a decision confirming the non-existence of a biological parent-child relationship is made, the child is removed from the family relation register and becomes a stateless person without a family register. If the adoption agency finds the biological mother's information, a lawsuit for confirmation of existence of biological parent-child relationship can be filed against the biological mother. If the biological mother’s information cannot be found, a petition to establish surname and origin can be requested."
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