US Couple "Adopted Korean Child's Developmental Disability Concealed" vs Adoption Agency "We Didn't Know" [Seocho-dong Legal Story]

An American couple who adopted a Korean child filed a lawsuit against the adoption agency, claiming that the agency failed to properly disclose the child's developmental disabilities and other health conditions. Photo unrelated to the article content.

"Hoon is an 11-month-old adorable Korean baby boy. He has a slender face and looks cute. (Omitted) Overall development is appropriate for his age." (Recommendation from a social worker)

Born in Korea in December 2017, Hoon (a pseudonym) was entrusted to Social Welfare Corporation A just three weeks after birth. Hoon lived in a foster home for over two years before connecting with an American couple, Mr. and Mrs. B.

The couple, who wanted a child with no medical issues, communicated with Corporation A and its affiliated social workers for about a year to prepare for the adoption. After receiving Hoon’s photos and medical records, they decided to become his parents. Following adoption approval from the Seoul Family Court, they departed for Wisconsin, USA, on November 7, 2019. Corporation A received $19,500 USD (approximately 23 million KRW at the time) as adoption fees and other charges.

However, the couple noticed something unusual about Hoon after bringing him to the U.S. No matter how much they called his name, he did not respond, and he often fell because he could not walk well. A local medical examination showed a zero score in language development. His muscle development was far below the average pace. The examining institution noted in its report, "He does not respond to any sounds and cannot speak any words," and "There is concern about severe developmental disabilities."

◆ Adoption Agency and Foster Mother: "We Didn’t Know and Had No Reason to Deceive" vs. American Couple: "How Could You Not Know?"

In response to the couple’s complaints, Corporation A sent an email stating, "There was a testing error at the birth hospital, and a retest date was scheduled, but the biological mother did not attend the retest, so the test results are blank. We sincerely apologize for creating this situation." They also claimed, "The foster mother is a trustworthy caregiver with eight years of foster experience."

The couple filed a lawsuit against Corporation A, stating, "They neglected Hoon’s severe developmental delay and hearing impairment despite knowing about them, and the foster mother was not properly managed," and "Missing timely surgery and treatment led to a severe developmental delay."

On the other hand, Corporation A argued, "We fulfilled our duty of care by regularly checking health status through medical examinations and developmental assessments and providing necessary medical measures," denying that they intentionally concealed Hoon’s disabilities.

The foster mother also testified in court. She said, "Hoon responded by making sounds like 'mom' and 'yes,'" and "Compared to children of the same age, I did not notice any problems at all," asserting she had no reason to deceive about Hoon’s condition. Videos she recorded were played in court. In the videos, Hoon continuously tilted his head to one side and did not respond at all to his name being called or to toy sounds.

◆ Court: "Neglected Despite Knowing, or at Least Gross Negligence... Missed Opportunity for Proper Treatment"

According to the court on the 26th, the Civil Division 31 of the Seoul Central District Court (Presiding Judge Kim Ji-sook) recently ruled partially in favor of the plaintiffs in a lawsuit filed by Hoon and the B couple against Corporation A and others, seeking damages totaling 200 million KRW. The court ordered Corporation A to pay 50 million KRW each to Hoon and the B couple, totaling 100 million KRW in compensation.

The court stated, "Corporation A either neglected Hoon’s severe developmental delay and hearing impairment despite knowing about them or, at the very least, failed to detect them due to gross negligence, causing the loss of timely treatment opportunities," and added, "It is hard to believe the foster mother’s testimony that no abnormalities were found."

Furthermore, the court ruled, "(From the played videos) compared to typical developmental stages, language ability appears insufficient and pronunciation unclear," and "Externally observable signs are sufficient to suspect developmental delay and hearing impairment." The court also viewed the periodic questionnaires conducted by Corporation A as merely formalities that did not reflect the actual developmental and physical health status.

The court added, "It is clear that significant physical and mental suffering will occur and considerable costs will be incurred," and "Corporation A only sent a few formal apology emails and took no substantive action, which exacerbated the plaintiffs’ suffering and damages."

Currently, Hoon is reported to be receiving cochlear implant surgery and is under the devoted care of the B couple.

This content was produced with the assistance of AI translation services.