보건복지부 영문홈페이지

□ Ministry of Health and Welfare(Minister Rim, Chae Min) held an expert discussion on the Hague Convention on Intercountry Adoption at the Franciscan Education Center (located in Jungdong, Jungu, Seoul) at 14:00 on 18 Nov. 2011 (Fri.).

○ This discussion was held as a part of preparations for the nation to join the Hague Convention on Intercountry Adoption (hereinafter, referred to as “Hague Convention”) that secures the mutual recognition of adoptions between origin countries of adopted children and receiving countries for the safety and protection of children in international adoption.

- The discussion was attended by around 100 persons including those from related ministries (Ministry of Justice, Ministry of Foreign Affairs and Trade, and Supreme Court), experts, groups of international adoptees, adoption agencies and adoptive parents and they discussed how to improve the adoption system to join the Hague Convention.

 

□ The Hague Convention is an international convention developed and introduced by the Hague Conference on Private International Law in May 1993 as a need for an intercountry agreement was raised to ensure that intercountry adoptions take place in the best interests of the children and with respect for his or her fundamental rights.

○ As of Nov. 2011, the convention has been signed by 85 countries in total including 9 countries that accept adoptions from Korea (US, Canada, France, Denmark, Sweden, Italy, Norway, Australia, and Luxemburg) and Korea hasn’t signed the convention yet.   

○ The Hague Convention urges countries to actively intervene to ensure the legitimate implementation of the adoption procedures for children aged under 18 who need to find their home in countries other than their own countries of birth.

- Since adoptions under the Convention are mutually recognized by the Convention signatories, an adoption permit authorized in a child’s country of origin is automatically recognized and given effect in a receiving country.

○In this regard, UN Committee on the Rights of the Child recommended Korea to join the Hague Convention earlier in Jan. 2003 and the National Assembly passed a resolution calling for submission of the agreement on the ratification of the Hague Convention in Mar. 2011.

□ Professor Seok, Gwang Hyun (School of Law, Seoul National University) who made a presentation on “the joining of the Hague Convention and the revised Special Act on Adoption” spoke of the need to sign the Hague Convention and introduced measures to revise the Special Act on Adoption in preparation for the joining of the Convention.    

○ Professor Seok emphasized, “the Hague Convention is an international effort to enhance countries’ responsibility for internationally adopted children and it is essential to join the Convention for the protection of fundamental rights of children.”

- He also insisted, “we can’t delay signing the Convention any longer in order to protect adoptees’ fundamental rights,” highlighting that US, that receives the largest volume of adoptions from Korea*, recently joined the Hague Convention in 2008.

*As of end of Oct., 775 out of 1,013 international adoptions were made to US (76.5%)

 

- He also stressed the need to prepare and refine related laws to join the Convention such as legal grounds or procedures regarding adoptions to Korea from other countries.

 

□Professor Roh, Choong Rae (Graduate School of Social Welfare, Ewha Woman’s University), whose presentation was titled, “the Challenge to Child Welfare in respect of the joining of the Hague Convention,” placed a emphasis on the principle of family protection for the best interests of children.   

○ He spoke of the need to realign international adoption systems as well as improve Korea’s overall child welfare such as reinforcing the support for single parent families to prevent children in need of protective care from being generated and the linkage between child and family welfare policies to keep families from falling apart in order to fulfill the principle of family protection.

- He also added that it is urgent to come up with measures to reduce the facility-based protection pointing out the reality that the facility-based protection accounts for a great portion of protective action for underprivileged children in need of protective care.

* Out of 8,590 children in need of protective care in 2010, 55.9% of them are under facility-based protection (4,842 children) while 44.1% are being protected under family care (3,748 children including foster care, child-headed family, adoption, etc)  

 

□ An official from Ministry of Health and Welfare said that, taking this discussion as an opportunity, consultations among related ministries will be continued and opinions and comments from experts and related personnel will be consistently collected and shared, based upon which, specific plans for signing the Hague Convention will be laid out. 

 

1. Summary of the Hague Convention on Intercountry Adoption

2. Discussion Summary

3. Detailed Schedule

4. Summary and Status of Adoption Systems

5. Statistics regarding Children in Need of Protective Care

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary of the Hague Convention on Intercountry Adoption  

□ Summary of the Convention

ㅇ Full title: * The Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption

ㅇ Purpose

- to establish international standards for intercountry adoptions to protect rights of children relocated to different countries in adoption and to prevent the abduction, the sale, or traffic of children in the process of adoption

- to establish a system of cooperation amongst the Convention countries to guarantee a mutual recognition of adoptions between a sending country and a receiving country

 

*Due to a rise in international adoptions after 1960s, a need for a convention among countries for the protection of children was raised.

ㅇ The Convention was adopted on 29 May 1993 and entered into force on 1 May 1995 (deferral, not allowed).

 

US, UK, Canada, Belgium, Denmark, Sweden, Switzerland, Germany, France, Italy, Norway, Netherlands, Australia, Luxemburg, China, India, Sri Lanka, Cambodia, Thailand, and Philippines ,etc

- The Convention has been signed by 85 countries including US, and UK, etc (as of Nov. 2011). Korea hasn’t signed it.  

□ Why joining the Convention?  

ㅇ Mutual recognition and authorization of adoption between a child’s country of origin and a receiving country is required for the protection and guarantee of rights of a child in intercountry adoption  

-Nine countries *that receive adoptions from Korea are all parties to the Convention. Therefore, Korea also needs to join the Convention to reinforce the protection of rights of internationally adopted children.

* US, France, Sweden, Denmark, Norway, Australia, Canada, Luxemburg, and Italy

ㅇAn international community and the National Assembly also call for the country to sign the Convention.

- UN Committee on the Rights of the Child recommended Korea to join the Hague Convention (Jan. 2003). 

-At the 298^th session of the National Assembly, a resolution calling for submission of the agreement on the ratification of the Hague Convention on Intercountry Adoption was passed, notifying that related legal action shall be taken (Mar. 2011).

□ Major details of the Convention

ㅇ (subject) children aged under 18 whose permanent parent-child relationship will be created through intercountry adoption that requires a child’s movement from his/her country of origin to another country(a receiving country)

ㅇ The principle of family protection for children in need of protective care is clearly stated

- Care under a family of origin → care under a family in a child’s country of origin (adoption, foster care, etc) → intercountry adoption

ㅇ Conditions and procedures for intercountry adoption

① (Request for adoption) to the central authority of a country where adoptive parents reside

②(Investigation of adoptive parents) A report showing qualification and suitability of a requesting person for adoption (family history, medical history, social background, adoption capability, etc) is prepared and submitted (to the central authority in a receiving state) 

③ (Adoption decision) Adoption is determined upon identification check of a child, consent to the adoption and the report from the receiving state. (by the central authority in a child’s country of origin)  

④ (Movement) The child moves to the receiving country (accompanied by adoptive parents) and permission for immigration is granted

○ Intercountry adoption agencies

- A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities and may delegate some duties within a certain range to public agencies or accredited groups.

* The designation of the Central Authorities and the extent of their functions as well as the names and addresses of the accredited bodies shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.

⇒Adoption permitted by a child’s country of origin is also recognized in a receiving state under the Convention.  

* Currently, an internationally adopted child has to go through a separate procedure for adoption permission in a receiving country.  

□ What will be the implications of Korea’s joining the Convention?

○ It requires active intervention by a government agency in charge of international adoption

- (Family court) The adoption permission system was introduced (Special Law on Adoption will take effect in 2012 and Civil Law, in 2013) but still active intervention in all aspects of the adoption procedure including authorization of an adoption agency, and investigation of adoptive parents’ family, etc by the government agency is required.  

* Up to date, private adoption agencies have handled investigation of children and adoptive parents, connection and post-management, etc. (Ministry of Health and Welfare has been in charge of international adoption immigration permission.)

○ Domestic laws regarding adoption need to be realigned reflecting the extent of intercountry adoption, conditions and procedures in accordance with the Convention.

- New regulations need to be prepared concerning regular children’s intercountry adoption and adoption of foreign children from other countries to Korea* besides those in need of protective care.

* Rules and regulations as a receiving state need to be prepared due to an increase in adoption cases from overseas to Korea such as international marriages in which children of foreign spouses are sometimes adopted to Korea.    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discussion Summary

□ Purpose: To discuss ways to improve Korea’s adoption systems as a part of preparations for the joining of the Hague Convention on Intercountry Adoption

□ Date and venue : 18 Nov. 11 (Fri.) 14:00~17:00(3hrs), Diplomatic Center (located in Seochodong)

□ Presentation

ㅇMeasures to realign Korea’s laws regarding adoption for the signing of the Hague Convention (temporary title)

Professor Seok, Gwang Hyun(School of Law, Seoul National University)

ㅇ Implications of the joining of the Hague Convention on the system of protection for children in need of protective care (temporary title)

Professor Roh, Choong Rae(Graduate School of Social Welfare, Ewha Woman’s University)

□ Discussion

ㅇ Chair: Professor Seok, Gwang Hyun (School of Law, Seoul National University)

ㅇ Discussion panel: Manager of Division of Child Welfare Policy, Professor Jang, Bok Hee(Dept. of Law, Sunmoon University), Professor Lee, Eun Joo(Dept. of Social Welfare, Donguk University), Professor Cho, Hye Jung (Dept. of Child Studies, Chongshin University), Cho, Eun Dong, international adoptee(recommended by InKAs)

□ Attendee

ㅇ (Related ministries) Ministry of Health and Welfare, Ministry of Justice, Supreme Court, Ministry of Foreign Affairs and Trade

ㅇ (Expert) experts on international law and child welfare

ㅇ (Related groups) Korea Central Adoption Resources, Mission to Promote Adoption in Korea, Truth and Reconciliation for the Adoption Community of Korea, KoRoot, Holt Children’s Service Inc., Social Welfare Society, Inc., and Easter Social Welfare Society, etc.

Detailed Schedule

 

  

Summary and Status of Adoption Systems

□ Subject: Children in need of protective care whose protection is requested to adoption agencies or child welfare facilities ^*

* Children in need of protection: children who don’t have parents or who are separated from their parents (Number 4, Article 3 of the Child Welfare Law)

○ In the case of domestic adoption, the percentage of adoption of children aged under 1: 92.3% * as of end of Jun. 11

□ Legal basis: Special Law on Adoption Promotion and Procedure (revised on 4 Aug. 11, and entered into force on 5 Aug. 2012)

* Regular adoption and step children adoption systems are specified in the civil law.

□ Adoption procedure: Consent and request for protection by biological parents (to an adoption agency) → adoption request by adoptive parents (to an adoption agency) → investigation of an adoptive family and matching (by an adoption agency) → adoption report(to a local/provincial government office)

* When it comes to intercountry adoption, instead of adoption report, a child will leave the country after permission for adoption emigration is granted by Minister of Health and Welfare.

 

□ Adoption status home and abroad

ㅇ Yearly adoption status home and abroad

                                              (Unit: person)

 

ㅇ Status of disabled children’s adoption

(Unit: person)

 

ㅇ Status of intercountry adoption by country

(Unit: person)

 

Year	Total	US	Sweden	Canada	Norway	Australia	Luxemburg	Denmark	France	Italy
2007	1,264	1,013	80	68	20	44	3	22	14	-
2008	1,250	988	76	78	45	18	16	20	8	1
2009	1,125	850	84	67	40	34	17	21	8	4
2010	1,013	775 (76.5%)	74 (7.3%)	60 (5.9%)	43 (4.2%)	18 (1.8%)	12 (1.2%)	21 (2.1%)	6 (0.6%)	4 (0.4%)
2011.6	607	495 (81.5%)	26 (4.3%)	27 (4.4%)	20 (3.3%)	17 (2.8%)	9 (1.5%)	8 (1.3%)	3 (0.5%)	2 (0.3%)

 

ㅇTypes of adoptees (causes for adoption)

(Unit: person)

 

Year	Domestic adoption				International adoption
	Total	Single mom’s child	Child under facility care	Child from broken family, etc	Total	Single mom’s child	Starvation, etc	Child from broken famil
‘07	1,388	1,045	118	225	1,264	1,251	11	2
’08	1,306	1,056	86	164	1,250	1,114	10	126
’09	1,314	1,116	70	128	1,125	1,005	8	112
’10	1,462	1,290	46	126	1,013	876	4	133
	(100%)	(88.2%)	(3.1%)	(8.6%)	(100%)	(86.5%)	(0.4%)	(13.1%)
’11.6	781	733	22	26	607	537	8	62
	(100%)	(93.9%)	(2.8%)	(3.3%)	(100%)	(88.5%)	(1.3%)	(10.2%)

 

 

 

 

 

Statistics regarding Children in Need of Protective Care

□As of 2010, out of 35,605 children in need of protective care, 17,119 children (48%) are under facility-based care and 18,486 children are under family care such as foster care and community homes, etc (52%)  

□ Foster Care Status

 

Year	Total		Substitute family care		Foster care by relatives		General foster care
	No. of households	No. of children	No. of households	No. of children	No. of households	No. of children	No. of households	No. of children
2006	10,253	14,465	6,152	9,062	3,097	4,160	1,004	1,243
2007	11,622	16,200	6,975	10,112	3,651	4,850	996	1,238
2008	11,914	16,454	7,488	10,709	3,436	4,519	990	1,226
2009	12,170	16,608	7,809	10,947	3,438	4,503	923	1,158
2010	12,120	16,359	7,849	10,865	3,365	4,371	906	1,123

□ Community Home Status

 

Year	No. of facilities	No. of children			No. of employees
		Total	Male	Female
2006		1,030
2007	276	1,368	745	623	623
2008	348	1,664	884	780	754
2009	397	1,993	1,076	917	849
2010	416	2,127	1,125	1,002	894

□ Status of child welfare facilities and no. of children under facility care

 

Year	Gender
	Total	Male	Female
2006	18,817	10,789	8,028
2007	18,426	10,563	7,863
2008	17,992	10,229	7,763
2009	17,586	10,105	7,481
2010	17,119	9,790	7,329