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Intercountry Adoption In Taiwan, Hua Kai Tsai

Indonesia Law Review

Under the current choice-of-law rule concerning the intercountry adoption in the Taiwanese Private International Law Act, the adopter and the child should be governed by their national law respectively. The application of this rule is known as a distributive approach and the rule was made by reference to the old Japanese private international law. However, in 1989, Japanese law revised the choice-of-law rule on intercountry adoption and abandoned the distributive approach, due to the reason that such an approach tended to be construed as a cumulative approach by Japanese courts. Consequently, the formation of intercountry adoption in Japan turned out …