Pursuant to Article 1073 of the Civil Code, an adopter should be at least 20 years older than his adoptive child. Nevertheless, if the adoptive relationship violates the stipulation, it is certainly not invalid and revocation can only be filed for an adoptive relationship. Thus, the interpretation of Yuan-je Tze No.3120, Paragraph 5 (Judicial Yuan), should be upheld.

　　　 According to Yuan-je Tze No.3120 (Judicial Yuan), Paragraph 5, inferred from Yuan yuan No.2271, Article 1073 of the Civil Code has no stipulation similar to that of annulment of marriage against an adoptive relationship which violates the age restriction. However, marriage and adoption are acts which both involve relationships. Thus, the legal reason for annulling an illegal marriage and an illegal adoption are the same. Article 579 of the Law of Civil Procedure stipulates specific litigation to quash an adoption indictment, and the court determines whether there are grounds for such an indictment. However, the Civil Code does not stipulate specific litigation concerning an adoption indictment. Thus, an illegal adoption should fall under the same interpretation as that for an annulment of marriage. The Law of Civil Procedure was enacted after the enforcement of the Civil Code, and based on the spirit of said law, which stipulates specific litigation concerning an adoption indictment, what has already been elucidated should not be considered inapplicable. The abovementioned interpretation has been in force for a long time. If it were to be amended, it could harm many people who obtained adoptive relations under this interpretation and might cause family and social disputes. Concerning the petition stating that the adoptor has an illegal interest in this case, this issue should be considered under Article 72 of the Civil Code. It does not influence the adoption age restriction of Article 1073 of the Civil Code. Therefore, the original interpretation should be upheld.