Well, our website http://www.adoptionjustice.com is down. That is a sad, sad thing because there was so much good information on it! We hope to get that one back, eventually. But in the meantime, we’ll be posting here.
Have a fabulous day, and may your technology be snag-free!
In a nutshell, this article says that the National Assembly Research Service, which researches laws before they go for voting, has said that Korea’s birth reporting system can still be abused for the purposes of illegal adoption. The problem is that there is no back-end administrative check; they trust the person reporting the birth 100%. Well, of course people lie, and in particular those people who want to adopt children and pass them off as their birth children have lied a lot on reports like this. However, Korea is not changing that now because … (mind you, this is not my logic) … they say that if babies’ births were reported from the hospital, unwed mothers would not go to the hospital for childbirth, and therefore both the unwed mother and the child’s lives would be endangered.
Unwed moms: EVERYTHING IS ALL THEIR FAULT.
The main accomplishment of the amended Korean family register law, from the perspective of unwed moms and other single parents, is that it protects everyone’s privacy. You can click here to read about that.
The following parts of the law, regarding who is responsible for reporting the birth of a child, is also of interest to adoptees.
This cartoon produced by the Korean government shows that in other countries, personal information such as that about adoption and divorce cannot be known by looking at people’s identification records, and in this way, discrimination is prevented. The panel on the right shows that in Korea, people such as this unwed mother have been discriminated against because such information can be seen by others.
“The unwed mothers are dropping their children at the Babybox because they fear registering their children’s births, which the adoption agencies require.” That is what we hear from the Babybox people.
However, an amendment to the Family Register law passed the National Assembly on May 18 and the Cabinet Council on June 2. It’s a done deal! The effect of this law will be to protect everyone’s privacy so that employers and others will not be able to see “sensitive” information on the family register such as children born out of wedlock, adoptions, divorces, and the like.
The law will be implemented on Nov. 19 this year.
FOR THE WORLD’S MORE FULL OF WEEPING:
RETROACTIVELY ABOLISHING SOUTH KOREA’S CIVIL AND CRIMINAL STATUTES OF LIMITATIONS FOR ILLEGAL INTERNATIONAL ADOPTION
by Daniel A. Edelson
In the decades following the Korean War, South Korea may have sent up to 200,000 children overseas for adoption. Some adoptees, well after becoming adults, suspect that their adoption may have been illegal and wish to pursue civil litigation in the South Korean courts against the adoption agencies and the South Korean government. Others also want the South Korean government to prosecute criminally those they believe were responsible for orchestrating their adoptions.
But rigid application of South Korea‟s statutes of limitation precludes both civil and criminal cases in connection with international adoptions. This Article proposes, based on principles from other jurisdictions and South Korean precedent, that the South Korean courts and its National Assembly should provide an exception so that illegal international adoption cases can proceed on their merits. In the alternative, the Article proposes that South Korea should establish a Truth and Reconciliation Commission to conduct a thorough examination of the process that sent so many children abroad.
The Article concludes that South Korea should not dismiss as untimely claims that the state and the adoption agencies engaged in illegal practices. Whether through the courts or through a neutral truth finding commission, allegations in connection with international adoptions deserve a serious and meaningful response.
Download this article on Yonsei’s Web site for the Yonsei Law Journal or on this site at the following link _in English or Korean
세상은 눈물로 가득 차 있기에:
한국에서 국제불법입양에 대한 민·형사 공소[소멸]시효를 소급 철폐해야 하는 이유
다니엘 에델슨(Daniel A. Edelson)
6·25동란 후 60년 간, 한국에서 해외 입양부모에게 입양 보내진 아동의 수는 최고 200,000명에 달한다. 정확한 수는 알려져 있지 않으나, 해외입양자 인권단체에서는 이들 중 일부가 한국 또는 입양국가의 법률상 국제입양 자격이 없었다고 한다. 한국 입양기관은 아기를 포기하도록 산모에게 부적절한 압박을 가하는 등 인권유린 행위를 하였고, 부모 동의 없이 입양신청을 진행했으며, 아이들을 고아로 만들기 위해 각종 서류를 위조했다는 것이 이들의 주장이다. 또, 일각에서는 한국의 과거 군사독재정권이 경제적 이익을 추구하기 위해 국제불법입양을 조장했으며, 한국의 입양기관이 그 첨병 역할을 했다고 주장한다.
일부 해외 입양인들은 입양기관과 한국 정부를 상대로 민사적 구제조치를 요구하고 있으며, 불법입양을 추진한 책임자들에 대해 한국 정부의 형사기소를 바라고 있다.
그러나 한국의 경직된 공소[소멸]시효 규정이 국제불법입양 책임자들에 대한 민·형사 소송을 어렵게 만들고 있다. 본 논문에서는 대한민국 사법부 또는 입법부가 민·형사 공소[소멸]시효를 소급적으로 철폐, 정지 또는 대폭 연장하여 국제불법입양에 관한 소송 사건을 실체적 관점에 입각하여 법원이 판결할 수 있도록 해야 한다고 제안하는 바이다.
다운로드 Yonsei Law Journal in English
An unwed mother receives less than $50 per month from the Korean govt to support her child. Adoptive Families magazine reported in 2012 that the average cost of an international adoption from Korea for Americans was about $38,000 adoption in a survey from 2010-2011. So, the cost of adoption is the same as the Korean government would give mothers if they collected that $50 for over 63 years. If we want to increase the amount of support so it is actually meaningful, we could say that the same money could give an unwed mother $500 for over six years to support her child.
Although the Third Annual Single Moms’ Day is not until May, we are doing an end-of-year fundraiser to get the ball rolling. We have also just gotten fiscal sponsorship, meaning donations from our American friends are now tax-deductible.
This year, May 11 will be on a Saturday, meaning we are going to try to have some big public events, possibly over multiple days if we can raise the money.
Some things we would like to use Single Moms’ Day 3.0 for:
- Invite a guest speaker from Australia, where they are having the apology for forced adoptions
- Showcase the Dandelions group (Korean adoptees’ families of origin)
- Pressure the ROK government to fulfill its responsibilities under international treaty obligations. We are still engaged in a struggle with the government to accept the Universal Periodic Review recommendations from the United Nations
- Artistic performance
If you send a check to our American fiscal sponsor, Give2Asia, they will mail you the receipt you need for your tax returns. You may contribute a gift of any amount and send to:
340 Pine Street, Suite 501
San Francisco, CA 94104
Please make the check out to Give2Asia and write KoRoot/Single Moms’ Day in the memo part of your check. Your gift will benefit KoRoot, TRACK, and KUMFA (Korean Unwed Mothers and Families Association) because we all share the bill for Single Moms’ Day. FYI Give2Asia takes 7% for administrative fees.
Sincere thanks to you!
The human rights framework is the core of TRACK’s philosophy and our compass for activism. When we understand human rights, what needs to be done is very clear.
We’d like to invite all who are interested in UN human rights conventions to study with us on the second Sunday of each month at KoRoot. (There is a mistake on the linked map: it is near Gyeongbokgung Station on the orange line – not “Gyrongbokgung” / 경복궁역 3호선). The language is English. Our first official session will be January 13, 2013 at 11:00 a.m. We will also use some time to brainstorm for the 3rd Annual Single Moms’ Day, to be held May 11, 2013. After our session in English, we will join the Mindeullae group of adoptees’ families of origin for bilingual Korean-English conversation over lunch.
To prepare for discussion, please print these documents and bring them with you:
Other information of interest that you may wish to read on your own can be found on TRACK’s online library.
Please reply to Jane Trenka at firstname.lastname@example.org if you can attend! Studying together is free; please bring money for a modest lunch at a local restaurant (nothing fancy, just normal Korean food). Hope to see you there!