我國收養制度評估服務執行問題之研究

A Study on Enforcement of Taiwan Adoption System Assessment Services

本文旨在探討現行收養制度有關收出養服務機構評估服務之執行狀況。首先，先以歷史的研究途徑瞭解我國有關收養制度之核心理念與歷史演進淵源，包括家本位、親本位及子女本位之收養制度，兼論公權力導入審核必要性。其次，採取文獻與法令分析法，針對現行民法與兒童及少年福利與權益保障法中有關收養法規範加以分析，試圖從制度面向瞭解我國現行收養制度運作之軌跡。再者，檢視現行收養制度中有關收出養媒合服務機構、社政主管機關與法院裁定許可執法過程中所易出現之體制衝突或價值矛盾，尤其是針對102年5月開始要求之收出養媒合服務機構強制審核先行體制，與收養人費用負擔等制度運作實況為檢視。最後，試研擬提出收養制度修法調控提出建議，以求建立一個充滿我國特色之收養制度。

The purpose of this article is to probe the current adoption system on assessing the services of adoption agencies. Firstly, historical approach was employed to understand the core concept and historical evolution of our adoption system, which included the home-based adoption system, the parents-based adoption system and the child-based adoption system. Besides, the necessity of introducing civil rights to the adoption examination was also discussed. Secondly, documentary and law analyses were adopted to analyze the regulations on adoption in current civil law and 'Protection of Children and Youths Welfare and Rights Act'. Based on the viewpoint of the system, an attempt was made to understand the operational history of our current adoption system. Furthermore, during the process of law enforcement involving adoption agency, social affairs authority and permission by court ruling with regard to the current adoption system, the easily happened system conflict or paradox on value was surveyed, especially since May 2013 on the issue of adopter's responsibility of expenses and compulsory pre-examination system to adoption agency. Finally, a law revision on adoption system was proposed to set up an adoption system full of our nation's character.