DOS Notice: Korea Begins Implementing Special Adoption Act

South Korea 

January 25, 2013

Notice: Korea Begins Implementing Special Adoption Act 

On August 5, 2012, the Republic of Korea (ROK) Special Adoption Act, which governs intercountry adoptions from South Korea, went into effect.  This law prioritizes domestic adoptions and endeavors to reduce the number of South Korean children adopted abroad.  Under the Special Adoption Act, each intercountry adoption requires the approval of the ROK Family Court.  We anticipate other significant changes from previous intercountry adoption procedures and requirements.  The ROK government has not yet given public notice of the details at this time.

The ROK’s Ministry of Health and Welfare recently informed the U.S. Embassy in Seoul that adoptions that were in process but not completed by August 5, 2012 will be processed under the new law.  Adoption agencies in Seoul have confirmed that the files of all children under last year’s quota who had not received Emigration Permits prior to the effective date of the new law are now being sent to the Family Court for approval once Emigration Permits are issued.  Prospective adoptive parents who believe their case may fall under the new law should contact their adoption service provider for more information.  The ROK is accepting new adoption applications; however, prospective adoptive parents should not expect rapid processing of these cases until the ROK’s new procedures are in place.

We will continue to keep you updated through adoption.state.gov as additional information is received.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=south_korea_1

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

"Why the adoption establishment annoys me" Blog Week

The Unofficial "Why the adoption establishment annoys me" Blog Week begins
today. If you would like to read the blog entries or participate, visit Land of Gazillion Adoptees: http://landofgazillionadoptees.com/ LGA also has a facebook group where the blogs will be posted and PEAR will try to keep up withthem on our facebook page as well.

Participating Bloggers committed to the event so far:

Adoption Echos
Fleasbiting
REFORMTalk
Split Feathers
The Daily Bastardette
Third Mom
The Declassified Adoptee


Is anyone listening?

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Ethics Resource: Fleas Biting Back Online

Not long ago, Desiree Smolin and Usha Smerdon had an excellent blog on intercountry adoption, called "fleas biting," that has been inactive of late. They are re-activating the blog along with Desiree's husband, Professor David Smolin. Professor Smolin has recently posted there on the subject of "Intercountry Adoption and Accountability (Part I)". PEAR welcomes the reactivation of Fleas Biting and the addition of David's input. We invite you to view it at: http://fleasbiting.blogspot.com/

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Article: Ending South Korea's Child Export Shame

Ending South Korea's Child Export Shame

By Jennifer Kwon Dobbs, June 23, 2011

South Korea is on the verge of changing its reputation as the world’s leading baby exporter to a world leader in grassroots adoption reform. The first-ever birth mother, unwed mother, and adoptee co-authored bill is moving toward a National Assembly vote with government sponsorship.

Under current South Korean law, prospective adoptive parents don’t need to undergo criminal background checks. Moreover, agencies counsel unwed mothers, whose children comprise almost 90 percent of adoption placements, to sign illegal paperwork consenting to adoption even though their children are still in their wombs. The new bill proposes urgent revisions to change these realities and stipulates a court process for adoption, a cooling off period for child surrender without duress, and the documentation of identities, among other provisions.

"What makes this reform effort distinctive is that [it] is neither the result of a top-down process nor a powerful adoptive parent lobby,” says tammy ko Robinson, coalition member and professor at Hangyang University. “This bill is co-authored and informed by those of us who have been directly affected by this law.” The bill is a coalition effort that includes Adoptee Solidarity Korea (ASK), Korean Unwed Mothers and Families Association (KUMFA), and several other groups.

"[The revision of the special adoption law] is an opportunity for South Korea to fully enter the 21st century as not just an economically developed nation, but as a socially developed one," says ASK representative Kim Stoker. “It's time for the government to end its outdated attitude toward international adoption and make concrete steps toward protecting the rights of its children and the mothers who give birth to them.”

full article: http://www.fpif.org/articles/ending_south_koreas_child_export_shame

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

2011 Symposium Opening Adoption: Realities, Possibilities and Challenges

2011 Symposium Opening Adoption: Realities, Possibilities & Challenges

On September 23 and 24, 2011 Coordinators2inc will bring together adoption professionals, academics, students and those personally affected by adoption will meet at the University of Richmond School of Law, Richmond VA.

Presenters and attendees will have opportunities to discuss, from multiple viewpoints, adoption as a lifelong process. We do not intend for this symposium to only discuss open adoption nor to only discuss adoption from a positive or negative perspective. We will have a wide range of perspectives to give a full view of the complexity of the issues and to allow attendees an opportunity to consider adoption from another perspective other than their own.

Attendees are expected to be adoptees, first/birth parents, adoptive parents, adoption professionals, therapists, researchers, educators, media professionals, advocates, attorneys, policy makers and legislators.

Registration is $85 for both days, lunch included.

http://www.openadoptionsupport.com/symposium/

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

MEDIA: Hindu Times - Supreme Court notice to Centre, CARA on plea to review adoption policy

Supreme Court notice to Centre, CARA on plea to review adoption policy

J. Venkatesan
Published: April 22, 2011 23:06 IST | Updated: April 23, 2011 02:44 IST

NEW DELHI, April 22, 2011

http://www.thehindu.com/news/national/article1718716.ece?css=print

‘Government has failed to ensure a record of adoptable children is maintained'

The Supreme Court has issued notice to the Central Adoption Resource Authority (CARA) and the Union government on a petition to review the adoption regime in the country, with a particular reference to the status and functioning of the CARA and procedural hindrances.

A Bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar issued the notice on Thursday on a petition filed by the Bangalore-based Ashraya and five other adoption agencies.

The petitioners said that according to an article carried in April 2007 in The Times, London, “more than 11 million babies in India are abandoned, of which almost 90 per cent are girls. Most of these would become beggars, prostitutes or menial workers when they attain adulthood. Shockingly, as per official statistics from what is termed a ‘young nation,' the number of these children that are adopted every year is abysmal — just over 3,500…”

The petitioners said The United Nations Children's Fund (UNICEF) had also reported that an abnormally large number of Indian children were exploited and subjected to the worst forms of trafficking, all without the protection of a loving family. They said the CARA was mandated and funded by the government to monitor and regulate placement agencies, encourage timely adoption, avoid unseemly delays and duplication of processes, provide training and facilitate dissemination of research, but it had failed on every single count.

“Families seeking to adopt are left languishing as they wait for months to be given an adoptable child, and the reams of red-tape along with the lure of foreign money ensures that more children are sought to be given to foreign parents than Indian ones, which is contrary to the norm.”

They said the Union government had gravely failed to ensure that a record of the adoptable children was maintained and direct the State governments to register all child welfare institutions as per the provisions of the Juvenile Justice Act, 2000. They sought a direction to appoint an independent body of agency representatives, childcare experts, psychologists, physicians, lawyers, sociologists and planners to review the entire adoption regime, with a particular reference to the CARA's status and functioning and the procedural hindrances to an expeditious adoption procedure.

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Legislative Update: S. 1376: International Adoption Simplification Act

On July 14, 2010, Senator Leahy from Committee on the Judiciary filed the Committee's written report on the International Adoption Simplificiation Act. The report, No. 111-220 can be found on the Library of Congress website: http://thomas.loc.gov/cgi-bin/cpquery/T?&report=sr220&dbname=111&

PEAR supports Senate Bill 1376, the bill to restore immunization and sibling age exemptions for children adopted by United States citizens under the Hague Convention on Intercountry Adoption. This act allows waivers of the immigration immunization requirements for children adopted from Hague partner countries. It also allows children up to the age of 18 to be adopted and admitted into the US if they are siblings of previously adopted children. This bill addresses oversights in the drafting of the Hague Regulations and brings those regulations into parity with existing international adoption law and policy on immunization waivers and sibling adoptions in non-Hague programs.

We encourage prospective and adoptive parents to read the report and actively support this legislation.

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

MEDIA: The Baby Business

EJ Graff's newest article on international adoption has been been published by the Democracy Journal and is available online. The article is entitled The Baby Business and addresses ongoing concerns with corruption and ethics in intercountry adoption. Ms. Graff has invited PEAR to officially comment on the article. Our comments on the eight proposed solutions to the problems plaguing international adoption will be published early next week.

We encourage all members of the triad to take a look at the article and participate in the discussion.

http://democracyjournal.org/article.php?ID=6757

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Why PEAR does not support new adoption cases or airlifts of children from Haiti at this time:

This week, a member of PEAR, Julia Rollings, spoke eloquently of the reasons why international relocation and adoption of Haitian children is not appropriate at this time: http://au.tv.yahoo.com/sunrise/video/play/-/6725923/haitis-orphans/#fop

While many US citizens are moved by the sight of children in distress and feel the need to press the US government toward adoption or massive airlifts of children, we must remember that these are not our children, Haiti is not under the authority of the United States nor subject to the desires and demands of US politicians and NGOs. As the countries affected by the 2004 tsunami were afforded the right to determine how their people would rebuild their lives and their country by offering and accepting support and resources in their own countries, Haiti should be afforded the same sovereign right. It is Haiti, not the US or any other foreign government or NGO, who has the right and responsibility to care for its children and make the decisions in their children's best interests.

We recommend that the Guidelines for Alternative Care of Children published by ISS this past fall be consulted for excellent child care policies in emergency situations: http://www.crin.org/bcn/initiatives.asp. Although the guidelines have not been formally adopted, they offer excellent advice and counsel. The ISS provisions for the care of children in emergencies include the following excerpts:

"In such circumstances, the State or de facto authorities in the region concerned, the international community and all local, national, foreign and international agencies providing or intending to provide child-focused services should pay special attention:
(a) To ensure that all entities and persons involved in responding to unaccompanied or separated children are sufficiently experienced, trained, resourceful and equipped to do so in an appropriate manner;
(b) To develop, as necessary, temporary and long-term family-based care;
(c) To use residential care only as a temporary measure until family-based care can be developed;
(d) To prohibit the establishment of new residential facilities structured to provide simultaneous care to large groups of children on a permanent or long-term basis;
(e) To prevent the cross-border displacement of children, except under the circumstances described in paragraph 159 below;
(f) To make cooperation with family tracing and reintegration efforts mandatory.

Paragraph 159 states:
"Children in emergency situations should not be moved to a country other than that of their habitual residence for alternative care except temporarily for compelling health, medical or safety reasons. In that case, this should be as close as possible to their home, they should be accompanied by a parent or caregiver known to the child, and a clear return plan should be established."

PEAR supports the temporary relocation with a clear repatriation plan of Haitian children on a case by case, individual basis if, and only if, approved by the Haitian government for purposes of receiving medical attention that cannot be provided currently in Haiti. We also support policies and procedures that would reunite Haitian children with their relatives living abroad if this is determined to be in the best interest of the child. We do not support wholesale relocation of children to foreign countries on a temporary or permanent basis when care and protection can be provided in Haiti by the Haitian government and its people with assistance of funding, supplies and hands provided by foreign and international NGOs and governments.

Adoption is not an emergency procedure. Airlifting children after a crisis to a different culture is not in the best interest of the children. It was not considered in the 2004 tsunami, so why has this become a daily crusade for local groups, churches, NGOs and government officials?

The executive branch of the US government has spoken clearly through DOS and USCIS that it is best to reunify the family. This position is clearly preferred and supported by numerous national and international child welfare organizations. We call on the legislative branch to support that decision and place their focus on the exploration of ways in which the US can respond to the needs of the Haitian people. This includes providing legal, medical and therapeutic assistance to the children who have been granted humanitarian parole to the US. We also call on members of Congress to act with caution and responsibility and avoid hastily passing undebated sweeping global child welfare reform called Family For Orphans Act (FFOA) during this Haiti crisis.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Study on International Adoption in the European Union

The European Parliament published a requested study on International Adoption in the European Union in March of 2009. The 262 page document offers an analysis of international adoption within the EU with proposals for improvements in intercountry adoption including legal processes, consideration of the rights of children, and proper
pre-adoption preparation and post adoption support for adoptive families and adoptees.

The Executive Summary is particularly detailed in their psycho-social and policy recommendations. Part Two, Chapter III contains helpful summaries of adjustment of international adoptees, including attachment, cognitive, behavioral, mental health and self-esteem aspects.

Although the report concerned intercountry adoption in Europe, some of the principles and findings can be applied across all intercountry adoptions. A copy of the report can be read online or downloaded through Scribd at:
http://www.scribd.com/doc/22984065/International-Adoption-in-the-European-Union


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Pitting Poor Against Affluent Women in the Adoption Industry

The October/November issue of Conductive offers a follow-up article to the August series on International Adoption reform. The article, Reverse Robinhoodism: Pitting Poor Against Affluent Women in the Adoption Industry was written by Mirah Riben and Bernadette Wright, PhD. Is centered on the following quote:

“It is the poor states that produce the children and the rich that consume them. In this process, poor parents are left behind, serving only as the initial fabricators of other people’s children.” Debora L. Spar, Harvard School of Business (2006)

This article is a must-read for prospective and adoptive parents as it is we who must demand change before true reform and ethical practices will be accepted by the adoption industry. http://tinyurl.com/Reverse-Robinhoodism

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Adoption Law Institute 2009

PEAR is posting the below announcement concerning the upcoming Adoption Law Institute 2009 being held at PLI for informational purposes only. We do not support the PLI and have had no input into this Institute. We find some of the language (adoptive parents as "consumers") and lack of viewpoints (adoptees, reform advocates) on the panels to be of great concern.

Adoption Law Institute 2009
New York City – December 18, 2009
Live Webcast – December 18, 2009

http://www.pli.edu/product/seminar_detail.asp?id=48005
Cost: $599 (scholarships and group discounts available)

Why You Should Attend

By attending PLI's sixth annual Adoption Law Institute you will learn from a distinguished and experienced faculty from throughout the United States about the latest developments in the fast-changing field of adoption law, and the implications of these developments for your practice. The faculty and the course handbook materials will provide practice tips and practical solutions to a broad range of issues that legal, medical and social work professionals commonly confront in adoption cases.

What You Will Learn

- Representing birth parents in termination of parental rights and voluntary relinquishments/ surrenders: state and national practice and issues
- Adoption from the "Consumers" Perspective by adoptive parents
- Adoption of adolescents from foster care
- Ethical issues in adoption: the costs of both domestic and international adoptions, a panel discussion of standards for international adoptions.
- Financial support for adoption: the Family Medical Leave Act, adoption tax credits, social security, and health care coverage

Who Should Attend

This program is designed especially for family law attorneys, social workers, adoption advocates, adoption agency professionals, mental health professionals, and other related professionals seeking to expand their knowledge of this growing field.

Chair
Douglas H. Reiniger, MSW, JD,
The Reiniger Law Firm, New York City & Jackson Hole, Wyoming
Past President, American Academy of Adoption Attorneys

Program Attorney: Janet L. Siegel

9:00 AM – 9:15 AM
Introduction & Welcoming Remarks
Douglas H. Reiniger

9:15 AM – 10:15 AM
Representing Birth Parents in Termination of Parental Rights & Voluntary Relinquishments/ Surrenders
• Practice considerations in representing birthparents in defense of termination of parental rights proceedings
• Counseling and legal and ethical issues in representing birth parents who wish to voluntary surrender their parental rights
• Identified adoptions and post-adoption contact agreements
• Comparisons of adoption laws and birthparent representation practice in California and New York
• National policy issues related to the rights and legal representation of birthparents

Michelle Cortese
Elizabeth A. Thornton
A view from the bench: Hon. Edwina Richardson-Mendelson

10:15 AM – 10:30 AM
Networking Break

10:30 AM – 11:30 AM
Adoption from the Consumers' Perspective
• Panel discussion by parents who have adopted children within the United States (in New York and in other states) through adoption agencies and foster care agencies, and from other countries
• Discussion of the adoption experience in finding a child and working with agencies and adoption attorneys

Rebecca L. Mendel
Kim Susser
Tom Chiodo
A view from the bench: Hon. Edwina Richardson-Mendelso n

11:30 AM – 12:30 PM
Adoption of Adolescents from Foster Care
• A discussion of the resources available for adoption of older children in foster care
• Strategies for recruiting adoptive parents for adolescents
• Private and government grants and financial support available to recruitment programs and individuals for adoption of older children from foster care

Pat O'Brien
Douglas H. Reiniger
A view from the bench: Hon. Edwina Richardson-Mendelso n

12:30 PM – 1:45 PM
Lunch

1:45 PM – 2:45 PM
Serving Vulnerable Children at Home and Abroad: A Medical and Legal Perspective
• National experts in adoption law and children's health discuss their opinions on the ways government and non-governmental agencies can help orphans and dependent children
• The legal and medical significance of nurturing and early permanency on the long-term development of children
• A discussion on the proper consideration of heritage and culture when matching children and adoptive parents
• The obstacles to permanency: politics and attitudes

Prof. Elizabeth Bartholet
Dr. Jane Aronson,

2:45 PM – 3:45 PM
Costs of Adoption: A Survey and Ethical Considerations
• Survey results in comparative costs of domestic and international adoptions
• Review of the comparative costs of adoption in some foreign countries
• Budgeting for adoption in Russia, China, and for independent domestic, agency domestic and foster care adoptions
• Discussion of individual cases that may have deviated from averages
• Ethical and practical concerns about the high cost of adoption

Susan Caughman
Gregory A. Franklin
Mirah Riben

3:45 PM – 4:00 PM
Networking Break

4:00 PM – 5:00 PM
Financial Support for Adoption: update on FMLA, Adoption Tax Credit, Social Security, Health Care Coverage
• An update of Federal Adoption legislation, with special emphasis on financial issues
• Recent amendments to the Family Medical Leave Act relating to adoption
• The end of the Adoption Tax Credit? Current status and benefits, and the possible termination of the program
• Discussion of other financial support for adoptive parents and children: social security, health care coverage

Mark T. McDermott
Brendan C. O'Shea

Chair

Douglas H. Reiniger
The Reiniger Law Firm
New York City & Jackson Hole, Wyoming
Past President, American Academy of Adoption Attorneys

Faculty

Jane Aronson, M.D.
International Pediatric Health Services, PLLC
New York City
Founder, Worldwide Orphans Foundation
Maplewood, New Jersey

Elizabeth Bartholet
Morris Wasserstein Professor of Law
Faculty Directpr, Child Advocacy Program
Harvard Law School
Cambridge, Massachusetts

Susan Caughman
Publisher & Editor-in-Chief
Adoptive families Magazine
New York City
susan@adoptivefamil ies.com

Tom Chiodo
New York City

Gregory A. Franklin
Ashcraft, Franklin & Young, LLP
Rochester, New York

Michelle Cortese
Deputy Director
Center for Family Representation
New York City

Rebecca L. Mendel
Partner
Rosin Steinhagen Mendel
New York City

Mark T. McDermott
Law Office of Mark T. McDermott
Washington, D.C.

Pat O'Brien
Founder and Executive Director
You Gotta Believe!
Brooklyn, New York

Brendan C. O'Shea
Partner
Gleason, Dunn, Walsh & O'Shea
Albany, New York

Mirah Riben
Author of "The Stork Market"
Dayton, New Jersey

Hon. Edwina G. Richardson-Mendelso n
Administrative Judge
New York City Family Courts
New York City

Kim Susser
Director, Matrimonial & Family Law Unit
New York Legal Assistance Group
New York City

Elizabeth A. Thornton
Staff Attorney
ABA Center on Children & the Law
Washington, D.C.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/