Q1: What is the “Trial Adoption Period”?
A1: Before the adoption is approved by the court, the potential adopter may be granted a period to live with the child before a final decision is made by the court. This period is referred to as the “Trial Adoption Period”. When the adoption is eventually approved by the court, the effective date of the adoption relationship may be trace back to the date when the trial adoption (if applicable) began.
Q2: I wish to adopt a child who is younger than three years old. May I apply for a Parental Leave Allowance during the Trial Adoption Period?
A2: Yes. According to article 19-2 of the amended Employment Insurance Act announced on February 4, 2015 and implemented on March 20, 2015, the adopter is entitled to apply for Parental Leave Allowance during the Trial Adoption Period if the applicant has enrolled in the employment insurance for one year or more at the time of taking the parental leave and the application was submitted before the child attains the age of three. However, the allowance requires that the Trial Adoption be conducted after the implementation of the amended provision and in accordance with the relevant rules stipulated in the Family Proceedings Act and the Protection of Children and Youths Welfare and Rights Act.
Q3: I am contemplating adopting a child who is younger than three years old. How should I apply for a Parental Leave Allowance during the Trial Adoption Period?
A3: To apply for a Parental Leave Allowance during the Trial Adoption Period, the following documents must be submitted:
1. Application form for Parental Leave Allowance and relevant receipt.
2. Certificate of Parental Leave (this requirement is waived if the Insured Unit has already affixed its official seal on the “Parental Leave Certificate” field of the application form).
3. A photocopy of the household registration of the insured and his/her child.
Also, based on the relationship between the adopter and the adoptee, the following documents may be required:
(1) Where there is no blood relationship between the adopter and the adoptee: The insured who wishes to live with the child on a trial basis should submit relevant certificate documents such as the contract signed between the lawful adoption service provider and the adopter/adoption giver.
(2) Where the adoption is made by a relative or a stepparent: If the adopter is a relative or stepparent of the child and the Trial Adoption is conducted according to a court order, the adopter (insured) shall submit the relevant documents, i.e., the court order.
Q4: Is there a list of lawful adoption service providers?
A4: Currently, there are nine lawful adoption service providers in Taiwan. Please refer to the following webpage of the Social and Family Affairs Administration, Ministry of Health and Welfare: (currently Chinese version only) http://www.sfaa.gov.tw/SFAA/Pages/Detail.aspx?nodeid=416&pid=2662
Q5: I have already received the Parental Leave Allowance during the Trial Adoption Period. Am I required to return the allowance if the adoption is considered unsuitable after the evaluation process, or if it is rejected by a court?
A5: If the adoption is considered unsuitable after the evaluation process or is rejected by a court due to reasons attributable to the insured, you will be required to return the Parental Leave Allowance received during the Trial Adoption Period. If the court’s rejection is not caused by reasons attributable to the insured, however, it is not necessary to return the allowance.
Q6: What are “reasons attributable to the insured”?
A6: Examples of “reasons attributable to the insured” may include any of the following: The adopter is implicated in child abuse, sexual assault, or inadequate care, or has requested that the adoptive relationship be severed. However, cases in which the adoption is discontinued because the adoption giver has changed his/her mind or because the child has been diagnosed with a disease and it is not possible to provide adequate care shall not be considered reasons attributable to the insured.