[Seocho-dong Legal Story] 'Departure Crisis' Chinese-Korean Granddaughter Adopted as Daughter by Grandmother

At Age 5, Biological Father Went Missing, Biological Mother Ran Away
Korean Naturalized Grandmother Took and Raised Child
Court Unusually Approves Adoption Application Filed by Grandmother

[Asia Economy Reporter Kim Daehyun] A (12) became alone in China at the age of 5. Her father, who was running a business, was kidnapped by a loan shark in Shanghai, and her mother left home.

Such A was brought to Korea in 2014 by her grandmother (68), a Chinese-Korean, who raised her alone. The grandmother had acquired Korean nationality by naturalization in 2007.

Although the grandmother struggled to make a living as a basic livelihood security recipient, she was devoted to A’s education and care. A, who had not received proper parental care in China and was undernourished, regained her health and started school life in Korea.

The problem was that A’s nationality was Chinese, following her biological parents, so her 'long-term stay' was restricted. After some inquiries, the grandmother found A’s biological mother, who had run away and was staying in Korea with overseas Korean status. Thus, A was allowed to stay in Korea under the status of visiting cohabitation with her mother.

The photo is unrelated to the article content. [Image source=Pixabay]

However, in 2020, when A was in the 5th grade of elementary school, news came that her biological mother remarried and was soon leaving for China. If her mother left the country, A, who was staying under visiting cohabitation status, faced the risk of forced deportation. There was no one in China to take care of A.

The grandmother applied to the court for 'adoption permission,' pleading, "Please let me become A’s mother." She decided to adopt her granddaughter as her own daughter.

The first trial court rejected the petition, stating, "The death of the biological father has not been confirmed, and allowing the adoption would clearly cause serious confusion in the family’s internal order and kinship relations, such as the grandmother becoming the mother." It also emphasized that the purpose of the adoption system is not to acquire nationality.

The grandmother appealed with the help of the Korea Legal Aid Corporation. According to the Korea Legal Aid Corporation on the 30th, the appellate court, the Family Division 1 of the Seoul Family Court (Chief Judge Choi Hosik), recently overturned the original ruling that denied the adoption application and exceptionally approved the adoption.

The court explained, "The biological father has been missing for nine years, and the biological mother has abandoned caregiving, so if not adopted, A must return to China where there is no one to care for her," and "The grandmother has played the role of a parent and has been raising her granddaughter stably."

It added, "A has expressed her desire to become the grandmother’s child. Even if adopted, there is no possibility of confusion in the family’s internal order or negative emotional impact on A, and rather, a natural parent-child relationship is expected to form."

Ryu Eunju, a lawyer representing the lawsuit from the Korea Legal Aid Corporation, said, "This decision prioritizes the welfare of the adopted child over the confusion of family internal order or kinship relations," and added, "We hope A grows up as a healthy citizen of the Republic of Korea."