'Recordless Child', Ruling and Opposition Parties Strive to Close Blind Spots... Discussions Accelerate

Audit Results by Board of Audit: 2,236 'Unregistered Children'
7 Bills Proposed on Birth Notification Laws... 1 Bill on Protection Birth System
Ruling Party: "Will Create Related TF and Promote Party-Government Consultations"

Discussions on the legislation of the 'Birth Notification System,' which requires medical institutions to notify authorities of births even without a birth registration, have ignited. The Board of Audit and Inspection confirmed 2,236 children without birth registration during its audit of the Ministry of Health and Welfare, and cases of infants being murdered and abandoned were revealed in the process. Discussions on the 'Protected Birth System,' which allows at-risk mothers to give birth anonymously, have also gained momentum.

Many Pending Bills... Can Opposition Be Overcome?

According to the National Assembly's legislative information system on the 25th, seven bills related to the Birth Notification System and the Act on Family Relations Registration are currently pending in the National Assembly. The government proposed a bill in March last year, and lawmakers Kang Min-guk and Kim Mi-ae from the People Power Party, as well as Kang Hoon-sik, Shin Hyun-young, Song Jae-ho, and Choi Hye-young from the Democratic Party, have also introduced bills.

Most of these bills were proposed in early 2021. In 2021, incidents such as a three-year-old unregistered girl found mummified in Gumi, Gyeongbuk, and an eight-year-old unregistered girl murdered by her biological mother occurred one after another.

Nevertheless, these bills have not been properly discussed in the standing committees. Initially, there was opposition from the medical community, and the COVID-19 pandemic hindered smooth consultations between authorities and the medical sector. The medical community has opposed the introduction of the Birth Notification System, citing increased administrative burdens. At a subcommittee meeting of the Health and Welfare Committee in February 2021, then Vice Minister of Justice Lee Yong-gu said, "Since 2019, the Ministry of Justice has been conducting various reviews and operating a task force to introduce the Birth Notification System," adding, "The Ministry of Health and Welfare said it would consult with the medical community, but the COVID-19 first wave halted all activities for about a year."

There is also an argument that opposition from the medical community can be addressed by mandating notification to a third-party institution rather than directly from hospitals. Instead of obstetricians notifying local governments directly after delivery, the process of receiving delivery benefits through the Health Insurance Review and Assessment Service (HIRA) can be used to confirm delivery facts via delivery codes. Among the proposed bills, Shin Hyun-young's bill includes a plan to utilize HIRA's electronic system.

Some express concerns that the Birth Notification System might lead to avoidance of hospital births. This has brought attention to the 'Protected Birth System.' Kim Mi-ae of the People Power Party has a special law on protected birth pending in the National Assembly since 2020. This law allows pregnant women facing economic and social difficulties to give birth anonymously through consultations with local governments.

However, there are opposing views that the Protected Birth System fails to guarantee the child's right to know their parents. This disagreement between ruling and opposition parties stems from this issue. On the 23rd, Shin Hyun-young told reporters at the National Assembly, "There have been several discussions in the subcommittee about the Protected Birth System, but due to differences in views between the ruling and opposition parties, it has not passed," adding, "The fundamental principle of child rights, as stated in the UN Convention on the Rights of the Child, is that children should be raised by their own parents and family. Therefore, a system ensuring this should be established first, and only then should discussions on protected birth proceed sequentially if necessary."

Expected to Be Discussed in the Health and Welfare Committee and the Legislation and Judiciary Committee in June

[Image source=Yonhap News]

Following an incident in Suwon, Gyeonggi Province, involving the murder and abandonment of an unregistered infant, the government and ruling party have shown strong determination regarding the Birth Notification System and the Protected Birth System. On the 22nd, Minister of Health and Welfare Cho Kyu-hong said at a plenary meeting of the National Assembly's Health and Welfare Committee, "The Protected Birth System is a complementary measure to the medical institution birth notification system," adding, "We hope discussions on the two bills proceed quickly and become legislated."

The People Power Party announced it would form a related task force and accelerate the bill's processing. Senior Spokesperson Kang Min-guk stated in a commentary, "The People Power Party will urgently form a task force to prepare fundamental comprehensive measures and, through party-government consultations, speed up the legislation of the Protected Birth System and the Birth Notification System to prevent risks when pregnant women give birth outside medical institutions." The Democratic Party also urged the promotion of the system, led by lawmakers who proposed the bills. On the 23rd, Shin Hyun-young held a press conference at the National Assembly to urge the prompt passage of the Birth Notification System bill and the Social Security Benefits Act.

The bills related to the Birth Notification System and the Protected Birth System are expected to be discussed in standing committees as early as this month. The first subcommittee of the Health and Welfare Committee, to which the special law on protected birth has been referred, will meet on the 27th, but it has not yet been decided whether the bill will be placed on the agenda. The Birth Notification System may be discussed at a subcommittee meeting before the plenary session of the Legislation and Judiciary Committee on the 29th. A Legislation and Judiciary Committee official said, "Although it has not been confirmed whether the bill will be placed on the agenda, there is talk of discussing it next week."

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