Passage of the "Three Laws to Strengthen State Responsibility for Adoption Procedures" Proposed by Assemblyman Kim Seong-ju in the National Assembly

"Best Interests of the Child," Domestic Adoption... Strengthening State Responsibility

The "Adoption Procedure National Responsibility Enhancement Act," which strengthens the state's responsibility throughout the adoption process, passed the National Assembly plenary session on the 30th.

According to the office of Representative Kim Seong-ju (Jeonju-si Byeong, Democratic Party) on the 2nd, the Adoption Procedure National Responsibility Enhancement Act consists of partial amendments to the "Special Act on Domestic Adoption" (a complete revision of the former Adoption Special Act), the "Act on International Adoption," and the "Child Welfare Act." With its passage in the plenary session on the 30th, the adoption system will see a reduction in private sector involvement and a significant strengthening of management and supervision responsibilities by the state and local governments.

Kim Sung-joo (Jeonju-si Byeong, Democratic Party) Member of the National Assembly.

Most advanced countries, including developed nations, have a public adoption system centered on the central government and local governments, but Korea's adoption system has been built around private adoption agencies due to the special circumstances of the Korean War.

In particular, international adoption involved fees and sponsorship money, leading Korea to earn the notorious label of the worst child-exporting country in the 1980s. Problems arose such as children being adopted overseas with falsified documents listing them as orphans despite having biological parents, and children repeatedly experiencing adoption and abandonment due to inadequate pre-investigation of family environments.

In fact, due to past wrongful practices in the adoption system infringing on human rights, the Danish Korean Adoptee Association (DKRG) requested an investigation from the Truth and Reconciliation Commission on Past Affairs, which is currently underway.

The recently passed Adoption Procedure National Responsibility Enhancement Act was proposed and discussed to address these issues and guarantee the best interests of the child in adoption. Although bills to strengthen public responsibility in adoption have been consistently discussed in the past, they were repeatedly stalled.

During the first half of the 21st National Assembly, the Health and Welfare Committee (the relevant standing committee) saw Representatives Kim Seong-ju and Nam In-soon (Democratic Party) and Kim Mi-ae (People Power Party) propose bills and lead discussions that resulted in the passage of the law. Notably, Representative Kim Seong-ju deeply addressed these issues during the 2021 National Assembly audit, reflected them in the bill, and worked hard for its passage in solidarity with domestic and international adoptees, adoptive parents, and biological parents.

According to the revised law, the state must encourage and support biological parents to raise their children to ensure the child's best interests. Since adoption is conducted for children who have lost parental rights, it declares that strengthening support systems to prevent biological parents from relinquishing their children under any circumstances is a priority. Nevertheless, when a child requiring protection for adoption arises, the state, not the private sector, is responsible for the adoption, and international adoption is only possible when domestic adoption is difficult. Monetary transactions in adoption are completely prohibited.

The matching between adoptive children and prospective adoptive parents is reviewed by the Adoption Policy Committee, and a temporary custody decision system by family courts is newly introduced.

During the adoption permission trial process for prospective adoptive parents after matching, if deemed necessary for early attachment formation and mutual adaptation between the child and prospective adoptive parents, the family court may decide on temporary custody. This allows for a final judgment on the prospective adoptive parents' parenting ability. Additionally, systematic post-adoption services are provided to help adoptive parents and children adjust. During the post-service period, professional entrusted agencies provide regular counseling and support and connect necessary welfare services.

All records and data related to adoption and the disclosure of adoption-related information are centralized under the Child Rights Protection Agency. All adoption-related materials currently held by adoption agencies and child welfare facilities will be transferred to the Child Rights Protection Agency, and adoptees wishing to know their adoption information can request disclosure from the head of the Child Rights Protection Agency. This strengthens adoptees' right to know.

Representative Kim said, "I am pleased that we can finally ratify the Hague International Child Abduction Convention, which has not been ratified for over 10 years since signing in 2013," adding, "We will continue to work on realizing and improving systems that create an environment where biological parents do not relinquish their children and can raise them, and where children requiring protection can safely meet suitable adoptive parents and grow up healthily."

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