다문화사회가 진전됨에 따라 국제결혼은 감소하였지만 다문화가족지원법상의 다문화가족의 자녀, 중도입국자녀는 증가하고 있다. 하지만 이들을 둘러싼 환경의 변화를 법제도가 예상하지 못하여 보호와 지원을 받지 못하고 있으며, 중도입국자녀의 입양과 파양, 다문화가족의 해체에 대해서도 현행 법제도는 문제를 드러내고 있다. 이 글에서는 다문화가족의 자녀에 관한 가족관련 법제 현황을 살펴보고, 다문화가족의 변화와 해체에 따른 자녀보호 문제, 중도입국자녀의 입양 및 파양, 다문화가족 내에서의 아동학대와 가정폭력으로 쟁점을 나누어 이를 둘러싼 법제도의 문제점을 논하고 해결방안을 제시한다.

Amid the advancement of multicultural features in our society, while international marriages have been declining, the numbers of children of multicultural families, foreign-born children are increasing. Nevertheless, the legal system fails to expect the changes occurring in the environment surrounding them and to provide appropriate protection and support. The current legal system reveals problems with regard to adoption and dissolution of adoption as well. With regard to the current status of multicultural families, through the review of relevant laws, issues and improvement tasks are identified; and reflecting the results, this study propose measures to improve the legal system for the protection of children of multicultural families. a. Protection of children in the case of divorces in multicultural families After divorce, many parents of multicultural families are troubled about playing the role of parents, finding difficulties in cultural difference, language, rearing and educating children. There even occur such cases where immigrants by marriage are not willing to exercise visitation rights due to their lack of understanding. In addition, in the process of divorce in multicultural families, the problem of secretly abducting children and taking them to home country for fear of not being designated as the person with the right to foster occurs. This study propose measures for prevention and solution of child dispossession and the applicable provisions on strengthening support for multicultural families in crisis before and after divorce. b. Protection of foreign-born children in terms of adoption and dissolution of adoption Since the breakup of a multicultural family directly leads to dissolution of adoption, special protection for the child is required. The enactment of international adoption procedures regarding adoption and dissolution of adoption of foreign-born children and programs for parental education before adoption should be made. In addition, inclusion of dissolved foreign-born children into those eligible for support under the Single-Parent Family Support Act and granting of simplified naturalization qualifications will be necessary. c. Child abuse and domestic violence in multicultural families When foreign-born children, with a high probability of having complex problems from language to status of sojourn, etc., fall victim to domestic violence or child abuse, it is difficult for them to report the situation or to receive relief. Therefore, applicable provisions for providing customized support for them, including a separate counseling program for their children (foreign-born children included) in consideration of the characteristics of multicultural families, need to be additionally prescribed by the Multicultural Families Support Act.