[K-Women Talk] Birth Systems Must Be Strengthened to Protect Precious Lives

The results of a nationwide survey on infants whose births were not registered are shocking the entire country. News about babies who were killed and abandoned by their biological parents without any birth registration leaves people in disbelief, wondering how such things could happen. Social condemnation of crimes related to infants is also increasing. The recent deletion of the criminal law provision that prescribed lighter penalties for infant murder and abandonment compared to general murder and abandonment is notable. The Birth Notification System, which automatically notifies local governments of births through medical institutions and the Health Insurance Review and Assessment Service, has been legislated. It is somewhat fortunate that the long-discussed Birth Notification System was swiftly enacted, and it is seen as a step forward in advancing the existing family relations registration system, which had placed the entire responsibility of birth registration on the biological mother.

Will strengthening punishments and introducing the Birth Notification System be enough to protect all precious lives? The Birth Notification System is designed assuming only typical births at medical institutions. It has limitations in addressing exceptional situations surrounding pregnancy and childbirth, such as pregnancies outside of marriage, pregnancies of minors, or those of undocumented immigrants. Pregnant women in crisis who are unable to leave birth records may avoid giving birth in hospitals where birth records are automatically notified, and as many have pointed out, this could lead to more dangerous out-of-hospital births, putting both mother and baby at greater risk.

As an alternative to these problems, the Protected Birth System has been proposed. This system allows mothers to give birth anonymously in hospitals without revealing their identity, and enables local government-operated maternal protection centers to provide counseling services for pregnant women and handle birth registration-related tasks. This bill is currently under in-depth discussion in the National Assembly’s Health and Welfare Committee. There are also many concerns about this Protected Birth System, such as infringement on the child’s right to know about their birth and the encouragement of adoption. However, systems must be designed considering all possible real-life scenarios. While it is most desirable for biological parents to give birth to and raise their children, there are many pregnant women in crisis who are in extreme situations and absolutely cannot raise their children themselves. Without institutional alternatives for them, both the lives of infants and mothers are at risk, and the problem of infant abandonment could continue to be severe.

The Protected Birth System bill currently under discussion in the National Assembly appears to include safeguards such as requiring local government-established protection facilities to provide counseling services for pregnant women, storing children’s birth-related records at the Child Rights Protection Agency, and granting children the right to access these records upon reaching adulthood. Given the various concerns, it is believed that the Ministry of Gender Equality and Family and other government bodies should work to identify pregnant women in crisis early and develop groundbreaking support measures that allow them to give birth safely and raise their children directly. This should be implemented alongside the introduction of the Protected Birth System.

Systems should be designed and evaluated from the perspective of whether they include all necessary alternatives to solve real-world problems. Along with the Birth Notification System and the Protected Birth System, comprehensive support for the childbirth and parenting of pregnant women in crisis must be provided to ensure the safety of both babies and mothers. Pregnancy and childbirth are deeply personal decision-making processes. While respecting individual choices, alternatives that protect the lives of both children and mothers?whether anonymously or not?must be established. What we all earnestly hope for is to protect precious lives.

Kim Kyung-sun, Former Vice Minister of the Ministry of Gender Equality and Family