Busan Metropolitan City Ordinance on Support of Adoptive Families : City Government

BUSAN METROPOLITAN CITY ORDINANCE ON SUPPORT OF ADOPTIVE FAMILIES

Ordinance No. 4846, Feb. 20, 2013

The purpose of this Article is to create a sound culture of adoption and promote rights and welfare of adopted children by supporting adoptive families so that children in need of care can adapt smoothly to family life after they are adopted.

The terms used in this Ordinance shall be defined as follows:
- 1. The term "child" means a person defined in subparagraph 1 of Article 2 of the Act on Special Cases concerning Adoption (hereinafter referred to as the "Act");
- 2. The term "child in need of care" means a child eligible for care under subparagraph 2 of Article 2 of the Act;
- 3. The term "adopted child" means a child defined in subparagraph 3 of Article 2 of the Act;
- 4. The term "adoptive family" means a family adopting a child in need of care;
- 5. The term "adoption gift in cash" means a specified amount of money paid in celebration of adoption to adoptive parents of a child in need of care.

The Busan Metropolitan City (hereinafter referred to as the "City") shall take measures and provide assistance necessary for providing a child who suffers hardship in growing in the family to which the child was born, with another family in which such child can grow healthy.

Except as otherwise provided for expressly in an Act or subordinate statute, support of adoptive families shall be governed by the provisions of this Ordinance.

(1) The Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and implement a plan for supporting adoptive families (hereinafter referred to as "support plan") each year in order to create a sound culture of adoption and promote rights and welfare of adopted children.

(2) A support plan under paragraph (1) shall include the following matters:
- 1. Formulation and implementation of policies on adoption;
- 2. Surveys and research on the actual state of adoption;
- 3. Formulation and operation of procedures for adoption and follow-up management;
- 4. Assistance to adopted children and adoptive families;
- 5. Provision of counselling services and social welfare services for smooth adaptation after being adopted;
- 6. Education and publicity on adoption;
- 7. Other matters that the Mayor deems necessary.
(3) In formulating a support plan pursuant to paragraph (1), the Mayor may hear opinions thereon from heads of Si/Gun and institutions, organizations, etc. related to adoptive families.

The Mayor may grant the following subsidies to adoptive families within budgetary limits:
- 1. Adoption gift in cash: One million won per adopted child: Provided, That the adopted children specified in Article 7 (1) of the Enforcement Decree of the Act on Special Cases concerning Adoption shall be entitled to two million won per person;
- 2. Premiums for personal injury insurance: Actual cost (limited to adopted children of not older than 12 years).

In order to be eligible for subsidization for adoption, a person shall be an adoptive parent who is registered as a resident of the City and actually resides in the City as at the date of filing an adoption report: Provided, That such subsidization shall be limited to children adopted from an adoption agency specified in Article 20 of the Act.

A person who intends to apply for an adoption gift in cash, etc. under Article 6 (hereinafter referred to as "applicant") shall file an application for subsidization of an adoptive family in the Form attached hereto (hereinafter referred to as "application") with the Mayor, along with the following documents:
- 1. A certificate of adoption;
- 2. A certificate of family relationship;
- 3. A document proving that the child concerned is an adopted child defined in any subparagraph of Article 7 (1) of the Enforcement Decree of the Act on Special Cases concerning Adoption (limited to a family adopting a disabled child);
- 4. A copy of the first page of bankbook.

(1) Upon receipt of an application, the Mayor shall verify the following facts with administrative information, including information on the administrative computer network:

- 1. Details of the adoption report and the applicant's address;
- 2. Whether the applicant is registered as a resident of the City and actually resides in the City;
- 3. Whether the applicant is eligible for subsidization under Article 7.
(2) The Mayor shall examine an application, determine whether to grant subsidies, and shall pay an adoption gift in cash, etc. into the applicant's bank account within one month.
(3) When the Mayor makes a payment pursuant to paragraph (2), he/she shall notify the applicant of the payment immediately by telephone, mail, or text message: Provided, That the foregoing shall not apply where an applicant does not wish to receive such notification, in fear that his/her identity might be disclosed.

In any of the following cases, the Mayor shall recover an adoption gift in cash, etc. already paid pursuant to Article 6:
- 1. If a person received a subsidy by fraud or any other misconduct;
- 2. If a subsidy was mistakenly paid due to any error or mistake.

The Mayor shall cooperate with adoption agencies in publicizing information about the promotion of adoption and the subsidization of adoptive families to citizens, by various means, including newspapers, cable TV, the official bulletin of the Busan Metropolitan City, and Internet web-sites of adoption agencies.

ADDENDA

This Ordinance shall enter into force on July 1, 2013.

An adoption gift in cash under subparagraph 1 of Article 6 shall apply to adoptive parents who file an adoption report on or after the date this Ordinance enters into force.

The premiums that have been paid for personal injury insurance before this Ordinance enters into force shall be deemed to have been paid pursuant to Article 6.

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Ordinances

Busan Metropolitan City Ordinance on Support of Adoptive Families

BUSAN METROPOLITAN CITY ORDINANCE ON SUPPORT OF ADOPTIVE FAMILIES