Not Helping

I've mentioned this in past blog posts -- international adoptions from Korea have come to a grinding halt as the Korean Government tries to find the best way to implement a law adding a court review step to both domestic and international adoptions. As a result, no further emigration permissions will be issued until the court review process can be finalized. Only then will they allow the first group to move through it. As you may imagine, this is especially difficult for the families who have had their paperwork (quite literally) sitting with the Ministry waiting for approval since early October. This group had expected to travel in 2012, but will now be the first group to travel in 2013. 

Our local agency will be presenting a webinar late next week to update all of the waiting families on what is going on and what the future could hold. In the meantime, they shared this article with us as an example of why the court review is being deemed necessary and why there is increased pressure on the Korean Government to "get it right." I have not been able to find any other details about this family, so I will not make any assumptions about their intentions. Perhaps they simply didn't realize they were not following the proper procedures. Bottom line, though -- this is not helping.

Much of the recently heightened scrutiny around the adoption process by the Ministry of Health and Welfare (MOHW) and by the Korean Court system is a result of the allegedly illegal adoption of a Korean infant, which took place this year in the state of Illinois. Below is the most recent article from Korea’ Donga Ilbo newspaper (English translation).

ENGLISH TRANSLATION OF ARTICLE:

We are caught up in a situation in which a six-month infant girl has been illegally adopted overseas.

According to the Ministry of Health and Welfare (MOHW) on the 11th [of this month], Couple A of the United States received a 19-day old baby on June 28, in Tong Yang, Gyeongnam [Korea] and headed for Chicago. The birthmother of the child, Mother B, is a birthmother in her 20s living in a group home for single mothers.

On the cusp of the delivery of the child, Mother B expressed to the Director of the group home where she was living, that she would like to make an adoption plan for her child. Through an acquaintance, the Director of the group home found Couple A in Chicago in the United States. Mother B signed a contract relinquishing her parental rights and she handed the child over to Couple A. Couple A claims that on the 13th of last month, they received custodial rights of the child from an Illinois Immigration Court. As Couple A were filing for custodial rights via the Courts, they also filed for a visa. Since the child does not have citizenship, it would be necessary for a visa to be issued in order for a visit in the United States to be possible. It is in this regard that the United States Office of Homeland Security suspects that Couple A did not receive the adoption visa (IR3) and adopted the child through a Visa Waiver Program (VWP).

On the 8th of last month, via the U.S. Embassy in Korea, the U.S. Office of Homeland Security inquired as to what the legal procedures for adoption via the Korean Ministry of Health and Welfare (MOWHA) are. This is the first instance in which the American government has made an official inquiry to the Korean Government regarding an international adoption.

The MOHWA notified the United States as to the results of the investigation regarding illegal overseas adoption.

In accordance with Korean adoption law, overseas adoption is only possible when there is no guardian or when the parental rights have been relinquished for children only under the age of 18 as allowed by the status of “child in care” as established by an adoption agency or via a judgment by the Family Court. A person affiliated with the MOHWA said, ‘The contract written by the child’s birthmother is not a legally valid format.’

Accordingly, on the 19th of last month, the U.S. government isolated the child from the care of Couple A. Couple A lashed back; the next day the couple filed suit with a Federal Court against the Office of Homeland Security for the return of the child.

The MOHW has come forward to bring back the child to Korea. On November 27 and 29 at a trial (part 1 and part 2) in U.S. Federal Court, an opinion was submitted that read ‘since this was a violation of the adoption law, the adoption is invalid.’ This month, the third trial was held and an employee of the MOHW attended. At that time, a lawsuit was filed in a court in the state of Illinois in the U.S. to involuntarily terminate the custodial rights of Couple A. The Korean Prosecutors’ Office has accused Couple A of alleged abduction of a minor, and has accused the director of the single mothers’ group home of alleged violation of adoption laws regarding the intermediary role of single mothers’ homes.

Since the second trial in Federal Court, and until the litigation is completed, Couple A has temporarily been designated custodian of the child. Currently, Couple A has the child and the original relinquishment of the child is still not clear. Things will changes in accordance with the final judgment of the Federal Court. Presently, we must wait to see if the Federal Court rules in favor of Couple A, and we must wait for the judgment of the state court as to whether it will terminate the couple’s formal request for custody of the child. The MOHW has said, ‘we are cooperating closely with the U.S. government. If the child is brought back, she will be placed for domestic adoption.’