Transformation from Private Agency-Led to State-Led System
Adoption Decisions Centered on the "Best Interests of the Child"
Starting from July 19, the domestic adoption system in Korea will be completely overhauled, shifting from a private-centered framework to a state responsibility model. This marks the beginning of full-scale public intervention throughout the adoption process, prompted by issues such as human rights violations and controversies over the overseas export of children.
The Ministry of Health and Welfare announced on July 17 that the "Special Act on Domestic Adoption" and the "Act on Intercountry Adoption" will take effect on July 19. Both laws were promulgated in July 2023 and are now being fully implemented after a two-year grace period. This is the first major change in the 12 years since Korea joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption in 2013.
Previously, private adoption agencies were solely responsible for every stage of the adoption process, from counseling birth parents, determining children eligible for adoption, screening prospective adoptive parents, matching children with parents, to post-adoption management. Aside from the family court’s adoption approval process, the state and local governments were essentially not involved.
This led to cases where missing children were registered as orphans and adopted overseas, children were adopted by unqualified adoptive parents and suffered abuse, and birth records were erased. In March of this year, the Truth and Reconciliation Commission confirmed human rights violations in 56 cases during overseas adoptions between the 1960s and 1990s, and recommended an official government apology.
Child’s Best Interests First... Entire Adoption Process Under Public Review
Under the revised adoption system, the state and local governments will share responsibility for all stages of the adoption process. Local governments will be responsible for determining and protecting children eligible for adoption. The subcommittee of the Adoption Policy Committee under the Ministry of Health and Welfare will decide on the eligibility of prospective adoptive parents based on the "best interests of the child" standard.
The Korea Child Welfare Agency will handle adoption applications and education, while the Ministry of Health and Welfare will make the final decision on eligibility based on investigations by its designated agency (Korea Social Welfare Society). The mayor, county governor, or district head with jurisdiction over the child’s address will protect the child in a facility or foster home until the adoption is finalized, act as the guardian, and check on the child’s care situation every quarter.
Once adoption is approved, prospective adoptive parents apply for adoption authorization at the family court. They can also use a temporary care system to help form early attachment and mutual adaptation. After the adoption is finalized, the designated agency and local government will provide post-adoption support through regular counseling and monitoring for one year.
Intercountry Adoption Allowed Only as an Exception
Intercountry adoption will be permitted only when adoptive parents cannot be found domestically, in accordance with the principles of the Hague Convention. The Ministry of Health and Welfare will oversee decisions regarding intercountry adoption, directly reviewing the eligibility of adoptive parents and the matching process. After adoption approval, when the child leaves the country, the receiving country must provide adaptation reports for one year, allowing Korea to monitor the child's well-being.
For the first time, the adoption of foreign children into Korea will also be institutionalized. Previously, this was possible only with family court approval under the Civil Act, but now the process will include application through the Korea Child Welfare Agency, an environmental assessment by the Ministry of Health and Welfare, information exchange with the sending country, and post-adoption monitoring. "Special purpose intercountry adoption," such as for children of remarried families, will also be regulated under the new Intercountry Adoption Act. For adoptions between countries that are parties to the Convention, the adoption will be effective in Korea upon notification of the adoption’s completion in the country of origin and a report of the adoption in Korea.
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