[Exclusive] "Sent Babies Overseas and Earned $130"... The Negligent National Assembly Behind Child Export

[The Forgotten Children] ① A Comprehensive Review of National Assembly Records on Overseas Adoption
Only Eight Meetings in 33 Years... Neglected Protection of Children
Profit Seen in Solving the Orphan Issue... They Considered It 'Welfare'

Editor's NoteThe history of overseas adoption has persisted for over 70 years and has yet to come to an end. Initiated in the aftermath of the Korean War to reduce the number of orphans, overseas adoption continued under the perception that it saved welfare expenses and even earned foreign currency. However, the lives and rights of those adopted abroad were neglected. Decades of records relating to overseas adoption reveal a shameful side of our society and expose the deeply entrenched structural indifference. The voices of over 200 overseas adoptees speaking to the government highlight the problems and challenges surrounding overseas adoption. The Asia Business Daily aims to provide an in-depth diagnosis of the realities of overseas adoption and seek solutions.

Behind the 70-year-long history of overseas adoption in the Republic of Korea lies the indifference of both the National Assembly and the government. After enacting the "Special Adoption Act for Orphans" in 1961 to promote overseas adoption of orphans, the National Assembly neglected these children until 1994, when restrictions were placed on granting overseas emigration permits for missing children. Instead of curbing the practice, legislative support from the National Assembly actually expanded overseas adoption, and orphans were sent abroad rapidly. The following 30 years saw little change. Even when the president promised to halt overseas adoption, no one managed to keep this pledge.

According to a comprehensive review by The Asia Business Daily of the minutes from National Assembly standing committees and plenary sessions, "overseas adoption" was discussed only eight times in the 33 years between 1961 and 1994.

During these eight meetings, lawmakers representing the people focused solely on maintaining overseas adoption. The transcripts contain statements from politicians describing overseas adoption as "a business that not only sends orphans abroad but also earns 130 dollars in foreign currency—a win-win project." These records also show officials distancing themselves from responsibility, with remarks such as "Once their family registry is transferred, they are no longer Korean nationals," and "They will not be treated as less than human." The structure of sending children abroad became entrenched amidst government indifference, institutional negligence, and political self-interest.

"Sending Orphans Abroad and Earning 130 Dollars in Foreign Currency... No Cases of Abuse by Adoptive Parents"

The official proposal to send orphans abroad for adoption came from the government. The "Special Adoption Act for Orphans," which streamlined the process for foreigners to adopt Korean orphans, was first proposed as a government bill in July 1955 and was enacted in 1961 after passing through the Social and Health Committee and the Legislation and Judiciary Committee.

There were historical reasons why the government felt compelled to encourage overseas adoption. The Korean War in the 1950s resulted in a surge in war orphans, and even mixed-race children were neglected. Facing a shortage of facilities to care for them, the government turned to overseas adoption. Presidential Decree on the establishment of an agency dedicated to international adoption took effect in 1954, officially permitting overseas adoption.

The eight meetings held in the National Assembly over 33 years also focused on "encouraging overseas adoption." Four years after the enactment of the "Special Adoption Act for Orphans," in 1965, the then Director of Planning and Management at the Ministry of Health and Social Affairs described overseas adoption as "a win-win project that earns about 130 dollars in foreign currency per person while sending our orphans, who are accommodated in domestic facilities, abroad." He proposed legally regulating the fees received from abroad to legitimize these transactions.

Potential problems after overseas adoption were ignored. During the same year, at a meeting of the Health and Social Affairs Committee, Kim Sungcheol, a lawmaker from the Democratic Republican Party, raised concerns by asking, "If, after adoption, the adoptees do not get along with their adoptive parents and face abuse or are treated as less than human, is there a way for them to return or receive legal protection?" However, the deputy minister of Health and Social Affairs at the time simply responded, "There have been no such cases, and we do not expect any in the future."

There were also attempts to hasten the resolution of the children’s nationality once sent abroad. In the final standing committee meeting of that year, an expert committee member suggested revising the relevant law to change "removal from the family registry of orphans" to "removal from the family registry of adoptees" and "orphans who have become adoptees" to "those registered as adoptees." This administrative measure aimed to ensure that, once adopted, the child would automatically be considered an adoptee with their nationality naturally extinguished.

The following year, accommodations were made for foreigners coming to Korea to adopt orphans. The screening period for prospective adoptive parents was shortened from 20 to 15 days, with the reasoning that "we do not want to keep foreigners coming to adopt orphans in Korea for too long."

The National Assembly also absolved itself of responsibility for the children after their adoption abroad. During a session of the Legislation and Judiciary Committee, an opinion was raised: "While we can keep track of personal information while the child is living in Korea, is it not an unreasonable burden for the adoption agency to continue tracking such information once the child is taken abroad?" A counterargument was made: "For the welfare of the orphan, extreme cases such as being enslaved or degraded to menial service must be prevented. Measures are needed to prevent such circumstances."

However, the follow-up management of adoptees became a void due to the reasoning that "once the child is registered in the adoptive parents’ household, they are no longer Korean nationals," and "they are outside the reach of our sovereignty." The provision requiring "overseas adoptive parents to submit a written pledge to respond to requests for reports from the Republic of Korea" was also deleted at this time.

Overseas Adoption Peaked in the 1980s After the Seoul Olympics... Despite the End of the War, Support for Overseas Adoption Continued

Even amid international criticism of "child export" ahead of the 1988 Seoul Olympics, overseas adoption continued.

In the 1980s, the Republic of Korea was recorded as the country that sent the largest number of children abroad for adoption. This was the result of the 1976 revision of the "Special Adoption Act for Orphans" to the "Special Adoption Act," which expanded eligibility for adoption to include not only orphans but also "children under the protection of welfare facilities."

From the 10th National Assembly, which began in 1979, to the 13th National Assembly (1988–1992), which oversaw the Seoul Olympics, there was not even a discussion about overseas adoption. A current member of the National Assembly's Health and Welfare Committee commented, "During the period of economic growth and focus on the Olympics, uncomfortable issues were intentionally avoided," adding, "The fact that legislation supporting overseas adoption continued even when the country was no longer at war demonstrates our misguided attitude toward overseas adoption."

Things began to change in the mid-1990s, when children sent overseas after the enactment of the "Special Adoption Act for Orphans" became adults and started seeking their roots. Their stories were introduced through domestic and international media, prompting the government to start considering the issue. In December 1994, the then Minister of Health and Social Affairs proposed revising the law to "allow restrictions on overseas emigration permits for children to be adopted abroad, such as missing children," aiming to promote domestic adoption and restrict overseas adoption. According to parliamentary records, from 1958 to September 1994, there were 50,377 domestic adoptions, while overseas adoptions exceeded double that number at 131,600.

In 1998, President Kim Dae-jung invited over 30 overseas adoptees to the Blue House and issued an official apology, stating, "I feel responsible for not being able to raise you in the country where you were born," which also spurred more active parliamentary discussions.

Discussions also began on expanding child support subsidies for children with disabilities, for whom domestic adoption rates remained low. The reality that children with disabilities received medical aid when in social welfare facilities but lost these benefits upon adoption was also taken into account. In 2000, out of 1,686 domestic adoptees, only 18 were children with disabilities, whereas the proportion of children with disabilities among overseas adoptees approached 30%.

The first time a proposal for a complete suspension of overseas adoption was raised in the National Assembly was in 2007, more than a decade later. At that time, lawmaker Jang Hyangsook of the Uri Party petitioned for "supplementing the social infrastructure so that most children adopted abroad, who are born to single mothers, can be raised by their birth mothers who are able to become self-sufficient."

In 2011, a bill was introduced to completely revise the Special Adoption Act to legally restrict overseas adoption. Lawmaker Choi Younghee of the United Democratic Party insisted that "the state must prohibit overseas adoption in order to fulfill its duty and responsibility to protect children," and proposed that this be enforced starting January 1, 2016. However, the Ministry of Health and Welfare opposed the bill, stating that, since domestic adoption had not yet become active, such legislation would increase the number of children in need of protection in facilities. A representative of the Ministry of Health and Welfare who attended the Health and Welfare Committee at the time explained, "Domestic adoption remains at around 1,500 cases per year and has not been increasing, but the number of children waiting in adoption agencies continues to grow," citing the short-term side effects of suspending overseas adoption.

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