RESEARCH UNIT
PARLIAMENT
Adoption procedures in Korea
What's Involved in Adopting a Child From South Korea?
The government office responsible for adoptions in South Korea is the
Ministry of Health and Social Welfare. The South Korean authorities believe
that the international adoption process in Korea should be child-oriented
rather than parent-oriented - they keep the best interests of the child at the
forefront throughout the international adoption process. Most Korean children
adopted by U.S. citizens leave South Korea in the foster care of a U.S.
adoption agency affiliated with one of the four South Korean government
licensed adoption agencies. The adoptive parents in the United States then
formally adopt the child in America.
After the child arrives in the U.S., the U.S. adoption agency follows up with
the parents and child through a series of home visits at six-month intervals.
The U.S. agency sends reports of the post-placement home visits to.the South
Korean adoption agency, which keeps the reports in the child's permanent file.
The U.S. family does not officially adopt the child until the child has been in
the U.S. for one year. It's important to note that the Korean adoption
agencies' files on adopted Korean children are maintained indefinitely - very
useful in the event that a child adopted from Korea wants to search for his/her
birthmother.
Requirements
Children Available: Healthy infants, both boys and girls, six months of
age and older. Special needs and older children are also available for
adoption.
Parent Requirements: Couples aged 25 to 44 years old who have been
married at least three years may adopt. There must be no more than one divorce
in each parent's past. Single parents may not adopt from South Korea.
Travel Requirements: Travel to South Korea is not required. However, it
is always strongly recommended that adoptive parents travel to the country of
their child's birth. Parents who do choose to travel to South Korea need stay
only two or three days to complete the adoption.
Time Frame: From the time of the initial application through child placement
averages twelve months.
Additional Information: No dossier is required to adopt children from
South Korea. To adopt from Korea, you should not have more than four children
currently living at home. The children available for adoption from South Korea
are in foster care. Children who have a low birth weight or who are born
prematurely are classified as having minor special needs. Six months of
post-placement reports and supervision are required.
Legislative framework
The Republic of Korea's special adoption law No. 2977 Section 9 (A)
requires the use of an adoption agency for overseas adoption of Korean orphans,
and that section 10 (A) provides that such agencies must be authorized by the
Ministry of Health and Social Affairs.
Korea adoption procedures
South Korean authorities advised that the entire adoption process in Korea
should be child-oriented rather than parent-oriented. This reflects the fact
that there are many more interested prospective parents than there are children
available for adoption.
The first step for a U.S. family is to apply to a U.S. adoption agency to
conduct a home study of the prospective adoptive parents. This study can take
from six months to one year. The home study examines the work, marital,
financial, social, and medical history of the U.S. family. Family size, age,
and income of the prospective parents are carefully considered. The prospective
adoptive parent (s) should contact the U.S. Bureau of Citizenship and
Immigration Services in the Department of Homeland Security (BCIS) nearest them
to initiate the pre-processing of yet-to-be-identified child or specific child
for an immigrant visa. It is important to contact BCIS very early in the
process to ensure that the child you are trying to adopt will meet the requirements
of U.S. immigration law to qualify for an immigrant visa.
Most Korean children adopted by U.S. citizens leave South Korea in the foster
care of an U.S. adoption agency affiliated with one of the four South Korean
government licensed adoption agencies. The adoptive parents in the United
States then adopt the child. It is not necessary for the prospective adoptive
parent (s) to travel to Korea. The adoption agency will process the case in
Korea and arrange for escort and transportation of the child to the U.S.
After the child arrives in the U.S., the U.S. adoption agency follows up with
the parents and child through a series of home visits at six-month intervals.
The U.S. agency sends reports of the postplacement home visits to the South
Korean adoption agency, which keeps the reports in the child's permanent file.
The U.S. family does not officially adopt the child until the child has been in
the U.S. for one year. The U.S. adoption agency maintains a constant
relationship with the child and family even after the final adoption, until the
child becomes a naturalized U.S. citizen, usually two years after the child's
entry into the United States. The Korean adoption agencies' files on adopted
Korean children are maintained indefinitely. The children and their adoptive
families are also encouraged to attend U.S. agency-sponsored get-togethers to
maintain contact with other Korean adoptions in their community
A separate Korean regulation governs the adoption of abandoned children. This
rule states that an abandoned child can only be adopted six months after the
child has been registered with the Korean Children's Fund (KCF), which
maintains a central listing of all abandoned and missing children in order to
help parents who are trying to locate them. Adoption of children over 18 months
of age must be delayed for 12 months after registration with KCF. Attempts to
obtain waivers of this waiting period have been unsuccessful to date and
adoptive parents impacted by this procedural change have no recourse but to
wait the additional time. This procedure does not apply to children who have
been given up for adoption by a single parent or both parents.
U.S. adoption procedures: Comprehensive information regarding international
adoptions by U.S. citizens is available through the State Department's Office
of Children's Issues in the Bureau of Consular Affairs and through the U.S.
Bureau of Citizenship and Immigration Services in the Department of Homeland
Security (BCIS), and your local state's agency or department that handles
adoption.
Age and civil status requirements
South Korean authorities have advised the American Embassy in Seoul of the
following criteria for selecting adoptive parents that have been established by
the Ministry of Health and Social Affairs. These are administrative policy
guidelines and not legal requirements, but local adoption agencies can be
expected to follow them:
·
The adoptive parents must be eligible to adopt under
the laws of their country or state of residence
·
The couple should be married for at least three years
and be between the ages of 25 and 44. Korean authorities usually require that
both adoptive parents in overseas adoptions be younger than 45 years old;
however, they may make exceptions in some cases. The following factors may be
considered when making exceptions to the age limit:
-
At least one parent is under 45
-
The adoptive parents have previously adopted a Korean
orphan
-
The parents are willing to adopt an orphan with
serious medical problems
-
These factors are not official and may be applied
differently depending on the circumstances of a particular case.
-
The adoptive couple should have no more than five
children. This number includes the child or children to be adopted
-
The couple should not have an age difference of more
than 15 years
-
The income of the adoptive couple should be higher
than the national average of their country and sufficient to raise the child