Taiwan Court Allows Woman to Revert to Birth Surname After 48 Years

A woman in Keelung, Taiwan, has successfully petitioned to terminate her adoption and revert to her birth surname, 'Yang,' nearly half a century after her adoptive father's death. The woman, identified by the surname Chen in court documents, was given up for adoption in her early years to a cousin of her birth mother who had no children.

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the birth mother considered that her cousin had no son, hoping that someone could worship him after his death.

The primary reason for the adoption, according to Chen, was to ensure someone would be available to perform ancestral rites for the adoptive father after his passing. Her adoptive father died on June 24, 1978, almost 48 years prior to her legal request. After decades, Chen wished to return to her original surname and formally end the adoption relationship.

During the court proceedings, the judges specifically investigated potential issues, such as whether terminating the adoption would leave the adoptive father without anyone to perform ancestral worship. Chen testified, and the court determined that the termination would not create such a predicament. Furthermore, the court verified the wishes of Chen's birth family.

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the termination of adoption would not create a predicament of the adoptive father having no one to worship him.

Chen's younger sister, surnamed Yang, appeared in court to express her agreement with the termination. An older sister, though not present, submitted written consent. Taiwan's Civil Code allows adult adoptees to petition the court to terminate an adoption after the adoptive parents' death, unless doing so would be grossly unfair. The court found Chen's motives legitimate and supported by her birth family, with no violation of public order or apparent unfairness, thus granting the termination of her adoption.

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agreed to the termination of adoption