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More information about adopting from Korea
Current U.S.Department of State requirements
The adoption of Korean children by American, Canadian, western
European, and Australian parents started with a tragedy - the tragedy of the Korean War. The war left behind thousands of
children without families, some born of American fathers, some entirely Korean. In the Confucian tradition which governs so
much of Korean life, enormous importance is placed upon an individual's family line, which derives completely from the
birthfather. To adopt a child from another family was simply not accepted, leaving these children without families and little
hope of ever having one.
With the Korean war 50 years behind
us, finding families for orphans of war is no longer the primary objective of Korean adoption practice. Although Korean
children are still placed because they have been orphaned, it is far more common for birth parents to place their children
in adoption because they are unmarried, or due to financial need or family hardship. This is causing the Korean adoption
community to seriously review acceptable circumstances for intercountry adoption by non-Korean parents, and to place more
emphasis on increasing domestic adoption in Korea. Hopefully, Korean government officials will also work toward improving
the social services that would eliminate the need for parents to place children solely out of financial need.
Korean adoption is also experiencing the general progression toward more openness
in relationships between adoptees and their birth families. Successful reunions are taking place more frequently, including
reunions of children and their adoptive families with birth families. This is leading to open relationships between
adoptees, their birth parents and siblings, extended families, along with their adoptive families.
In 1953 the Refugee Relief Act, which granted 4,000 visas for the the purpose of adopting children
from foreign countries, especially Korea, was passed. Other governments responded similarly, and soon Korean children were
arriving to new families in the United States, Canada, western Europe and Australia. The Refugee Relief Act limited families
to the adoption of two foreign-born children, but in spite of this restriction only 600 visas remained in 1956. As the visas
ran out, many sought other means to adopt Korean children. Harry and Bertha Holt, the founders of Holt International, successfully
adopted eight Korean children under a personal bill signed in 1955 by President Dwight D. Eisenhower. With the adoption of
their children, the Holts began a mission which continues throughout the world today and which has largely defined the Korean
adoption process.
By January 1957 the Refugee Relief Act
and its extensions had expired. The international adoption process remained cumbersome, with legislative intervention often
required. Finally, in the late 1950s the Orphan Eligibility Clause of the Immigration and Nationality Act was enacted. It
defined a child's eligibility to enter the United States for adoption by an American family and remains in effect today.
Today in the United States, the adoption of children from foreign countries
must conform to the laws of three jurisdictions: the country of the child's birth; United States Federal code; and the
laws of the State of residence of the adoptive parents. United States law is governed by the Immigration and Nationality Act
and its amendments. Children must meet INS's definition of orphan eligibility, and adoptive parents must meet INS requirements
as well.
The Child Citizenship Act of 2000 grants automatic U.S. citizenship to for children adopted from other countries
who meet the following circumstances:
- Have at least one American citizen parent by birth or naturalization;
- Be under 18 years of age;
- Live in the legal and physical custody of the American citizen parent;
- Be admitted as an immigrant for lawful permanent residence; and
- If the child is adopted, the adoption must be
full and final.
It is extremely important for adoptive parents to
ensure that their children's U.S. citizenship is finalized as soon as possible to avoid situations that could lead to
deportation in later years. Details about adoptive parent responsibilities in this area can be found at the U.S. State
Department website for the Child Citizenship Act of 2000.
An adoption must also meet the requirements of the laws of the placing country. These may include age and
marital restrictions, residency requirements, and requirements to finalize the adoption in the foreign country. The laws of
the state of residence of the adoptive parents must also be met for the adoption to be finalized. These usually include completion
an approved homestudy and post-placement interviews by a licensed clinical social worker.
For an overview of the process of adopting from Korea, see the U.S. Department of State Intercountry Adoption Site for South Korea. It includes an overview of U.S. and Korean laws, and the names and addresses of the U.S. agencies
which place children from Korea and the four Korean agencies with which they are affiliated.