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U.S. Department of State
1995: International Adoption -- Korea
Bureau of Consular Affairs
INTERNATIONAL ADOPTION - KOREA
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE
LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED
FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING
INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO
FOREIGN COUNSEL.
PLEASE NOTE: THE REPUBLIC OF KOREA'S SPECIAL ADOPTION LAW NO.
2977 SECTION 9 (A) REQUIRES THE USE OF AN ADOPTION AGENCY FOR
OVERSEAS ADOPTION OF KOREAN ORPHANS, AND THAT SECTION 10 (A)
PROVIDES THAT SUCH AGENCIES MUST BE AUTHORIZED BY THE MINISTRY
OF HEALTH AND SOCIAL AFFAIRS.
Korean Government Policy on Foreign Adoptions
The Korean Ministry of Health and Social Affairs (MHSA) is now
in the process of phasing out overseas adoptions of Korean
children. The number of children adopted abroad has decreased
about thirty percent over each of the last several years, and
this decline can be expected to continue. By 1996 foreign
adoption of Korean children will only continue for a small
number of mixed race children and children with serious medical
problems. All children placed with overseas agencies are first
referred to the Seoul City Children's Guidance Clinic which
makes the child available to Korean families. This step
assures that no child will be sent overseas for adoption when
the child could be adopted by a Korean family.
Decline in Korean Children Available for Adoption
Although Korea has traditionally been the largest single source
of foreign children for adoption in the United States, there
has been a sharp decline in the number of Korean children
available for foreign adoption. Although the number of visas
granted to Korean orphans for adoption in the United States in
1992 was slightly higher than 1991, this does not signify a
change in the policy of the Korean government.
FISCAL IR-3 IMMIGRANT VISAS IR-4 IMMIGRANT VISAS
YEAR ISSUED TO KOREAN ORPHANS ISSUED TO KOREAN ORPHANS
ADOPTED ABROAD ADOPTED IN THE U.S.
FY-1987 157 5,834
FY-1988 76 5,001
FY-1989 58 3,486
FY-1990 47 2,573
FY-1991 33 1,785
FY-1992 31 1,809
FY-1993 26 1,749
FY-1994 17 1,778
Tighter Restrictions on Adoption of Children Over Age Seven
The U.S. Embassy reports that there are restrictions on the
overseas adoption of children over the age of seven. Those
children already in the pipeline who have been identified by
American families will be permitted to leave, but future
placement of children over seven years old with American
families will be very rare.
The Process of Adopting a Korean Child: Korean authorities
advise that the entire adoption process in Korea is
child-oriented rather than parent-oriented. This reflects the
fact that there are many more interested prospective parents
than there are children available for adoption. Consequently,
Korean authorities have incorporated various protective
measures in their system to ensure the welfare of the child.
Most Korean children adopted by U.S. citizens leave Korea in
the foster care of a U.S. adoption agency affiliated with one
of the four Korean-Government licensed adoption agencies. The
child is then adopted by the adoptive parents in the United
States. Note that it is not necessary for the prospective
adoptive parent(s) to travel to Korea. The adoption agency
will process the case in Korea and arrange for escort and
transportation of the child to the U.S.
After the child arrives in the U.S., the American adoption
agency follows up with the parents and child through a series
of home visits at six-month intervals. The American agency
sends reports of the post-placement home visits to the Korean
adoption agency which keeps the reports in the child's
permanent file. The child is not officially adopted by the
American family until the child has been in the U.S. for one
year. The American adoption agency maintains a constant
relationship with the child and family even after the final
adoption, up until the child is a naturalized American citizen,
usually two years after the child's entry into the United
States. The Korean adoption agencies' files on adopted Korean
children are maintained indefinitely. Also, the children and
their adoptive families are encouraged to attend American
agency-sponsored get-togethers to maintain contact with other
Korean adoptees in their community.
Time Frame: The period of time between when a couple first
applies for a child and when the child arrives in the United
States is between one and four years. One year is the norm for
hard-to-place handicapped children and three years is usual for
healthy infants.
Beginning the Process: The first step for an American family
is to apply to an American adoption agency affiliated with one
of the four Korean-Government licensed adoption agencies. The
American agency conducts a home study of the prospective
adoptive parents which can take from six months to one year.
The home study examines the work, marital, financial, social,
and medical history of the U.S. family. Family size, age, and
income of the prospective parents are carefully considered.
The prospective adoptive parent(s) should contact the U.S.
Immigration and Naturalization Service (INS) nearest them to
initiate the pre-processing of a yet-to-be-identified child or
a specific child for an immigrant visa. It is important to
contact INS very early in the process to ensure that the child
you are trying to adopt will meet the requirements of U.S.
immigration law to qualify for an immigrant visa.
Selecting an Adoption Agency: Americans who are interested in
adopting a child in Korea must enlist the services of an
adoption agency. The agencies listed below are officially
authorized by the Korean government. The Department of State
does not assume responsibility for the professional caliber or
practice of these agencies.
Eastern Child Welfare Society, Inc. (Korean Christian
Crusade) Address: #493 Changchun-Dong, Sudanemun-ku,
Seoul. 011-82-2-322-3941/5. FAX: 011-82-2-333-1588
Holt Children Services. Address: #382-14,
Hapzong-Dong, Mapu-ku, Seoul. Tel:
011-82-2-324-6509 or 011-82-2-332-7501/5. FAX:
011-82-2-335-6319
Korea Social Service. Address: #533-3,
Ssangmun-Dong, Dobong-ku, Seoul. Tel:
011-82-2-993-2381 or 011-82-2-908-9191. FAX:
011-82-2-908-3344
Social Welfare Society, Inc. Address: #718-35,
Yuksam-Dong, Kangnam-ku, Seoul, or CPO Box 24, Seoul,
Korea. Tel: 011-82-2-552-1015/8 or
011-82-2-567-8891/3. FAX: 011-82-2-552-1019
A LIST OF U.S. ADOPTION AGENCIES AFFILIATED WITH EACH OF THESE
AUTHORIZED AGENCIES IS ATTACHED AS AN APPENDIX TO THIS FLYER.
NOTE THAT THE DEPARTMENT OF STATE DOES NOT ASSUME
RESPONSIBILITY FOR THE PROFESSIONAL CALIBRE OF THESE AGENCIES,
BUT PROVIDES THIS LIST FOR INFORMATION.
Korean Regulations Governing Foreign Adoption: Korean
authorities have advised the American Embassy in Seoul of the
following criteria for selecting adoptive parents as
established by the Ministry of Health and Social Affairs on
February 6, 1988. These are administrative policy guidelines
and not legal requirements, but local adoption agencies can be
expected to follow them.
- The adoptive parents must be eligible for adoption
under the laws of their country or state of residence.
- The couple should be married for at least three
years and be between the ages of 25 and 44. Korean
authorities usually require that both adoptive
parents in overseas adoptions be under 45 years old;
however, they may make exceptions in some cases. The
following factors may be considered when making
exceptions to the age limit: (1) at least one parent
is under 45, (2) the adoptive parents have previously
adopted a Korean orphan, and (3) the parents are
willing to adopt an orphan with serious medical
problems. These aforementioned factors are not
official and may be applied differently depending on
the circumstances of a particular case.
- The adoptive couple should have no more than five
children. This number includes the child or children
to be adopted.
- The couple should not have an age difference of more
than 15 years.
- The income of the adoptive couple should be higher
than the national average of their country and
sufficient to raise the child.
Status of Abandoned Children: A separate Korean regulation
governs the adoption of abandoned children. This rule states
that an abandoned child can only be adopted six months after
the child has been registered with the Korean Children's Fund
(KCF), which maintains a central listing of all abandoned and
missing children in order to help parents who are trying to
locate them. Adoption of children over 18 months of age must
be delayed for 12 months after registration with KCF. Attempts
to obtain waivers of this waiting period have been unsuccessful
to date and adoptive parents impacted by this procedural change
have no recourse but to wait the additional time. This
procedure does not apply to children who have been given up for
adoption by a single parent or both parents.
Health Considerations: Korean adoption agencies advise that
they make every effort to ensure that children are fit to
travel when they leave Korea. However, adoptive parents should
be aware that the stress of trans-Pacific travel, often
requiring one or more connecting flights, means that children
will sometimes be sick on arrival in the U.S.
As the number of children released for overseas adoption from
Korea has declined the proportion of children with serious
medical problems has increased. In these cases, the agencies
reportedly provide prospective parents with a full medical
report and a picture of the child. The agencies reportedly
will not release a child without an acknowledgment of the
health problem. The U.S. Embassy will issue an immigrant visa
to a child with health problems only if the agency submits this
written acceptance with the immigrant visa application. The
agencies try to place children with medical problems with
families who have specifically indicated their willingness to
accept a child with such problems.
Placement Costs: The U.S. Embassy in Seoul has been advised
that local Korean adoption agencies currently receive
approximately U.S. $4,000 per child in fees or donations from
the U.S. agencies. These fees pay for temporary or long-term
foster care, food, clothing, medical care, legal fees for the
Korean adoption, and passport and visa processing for the
children. The balance is used for agency operating costs and
in-country programs, such as those for the handicapped. While
a decrease in overseas adoptions might affect income currently
used to meet agency operating costs, we are informed that the
agencies expect to receive increased government funding, and
that their handicapped programs now are attracting Korean
sponsors. We do not have information about fees charged by
U.S. adoption agencies affiliated with one of the four
Korean-Government licensed adoption agencies.
U.S. Immigration Requirements
- Immigration and Naturalization Service publication,
M-249Y, (Revised 1990), entitled "The Immigration of Adopted
and Prospective Adoptive Children". This booklet contains
information on INS requirements for prospective adopted
children and adoptive parents. This pamphlet includes a
checklist on orphan petition procedures; a copy of this
checklist is annexed to this information flyer for the
convenience of prospective adoptive parents to help in tracking
the immigration requirements. A single copy of the actual
pamphlet is available by contacting the nearest INS office or
writing to: Director, Outreach Program, Room 2108, Immigration
and Naturalization Service, 425 I Street, N.W., Washington,
D.C. 20536.
Get Started Early With U.S. Immigration Procedure:
Prospective adoptive parents should be aware that certain very
time-consuming processes will have to be completed before the
required U.S. Immigration petition (either the preliminary
I-600A, Application for Advance Processing of Orphan Petition
or the final I-600, Petition to Classify Orphan as an Immediate
Relative) can be approved. These include, but are not limited
to satisfactory completion and submission to INS of a home
study of the adopting parent(s), compliance with any state
pre-adoption conditions and a fingerprint check by the FBI of
those parent(s). After the I-600A application is processed
favorably, INS will issue a Form I-171H, Notice of Favorable
Determination Concerning Application for Advanced Processing of
Orphan Petition. If no I-600A is filed, when the I-600
petition is approved by INS, INS will issue Form I-171, Notice
of Approval of Relative Immigrant Visa Petition. It is
therefore suggested that prospective adopting parents get in
touch with the INS office having jurisdiction over their place
of residence in the U.S. at the earliest opportunity prior to
initiating an adoption application.
Understanding the Process:
Unconditional Abandonment and Meeting the Definition of Orphan:
U.S. law provides for the immigration of orphans adopted
overseas by Americans under section 101(B)(1)(F) of the
Immigration and Nationality Act(INA).
Definition of Orphan Under U.S. INA: Under U.S. immigration
law, the definition of orphan is broader than the common
definition. A foreign child may be considered an orphan for
the purposes of U.S. immigration law if his/her parents have
died or disappeared; if they have unconditionally abandoned or
deserted him/her; or if he/she is separated or lost from them.
Normally, abandonment involves permanent placement of the child
in an orphanage. The law states that an eligible child must be
under the age of sixteen at the time the immigrant visa
petition is filed. A child with two living parents can meet
the definition of an orphan only through the disappearance of,
abandonment or desertion by or separation or loss from both
parents.
Unconditional Abandonment: As noted above, abandonment of a
child must be unconditional. Agreeing to give a child up for
adoption by a specific person does not constitute unconditional
abandonment, since the parents are giving up custody with the
understanding that the child will be cared for and will be
adopted by a particular individual, and thus continue to
maintain some degree of parental control over the child.
The Board of Immigration Appeals of the U.S. Immigration and
Naturalization Service (INS) has ruled that a child with one
surviving parent who has not been abandoned may qualify for
orphan status only if the sole surviving parent is destitute
by local standards or is otherwise physically or mentally
unable to care for the child. This means that the child may
not be classified as an orphan unless the sole or surviving
parent cannot provide the child the nourishment and shelter
necessary for subsistence consistent with the local standards
of the child's place of residence. The parent must also
irrevocably release the child for emigration and adoption and
must not continue to maintain contact with the child. In cases
of this kind, INS usually requires consular officers to
investigate the parent's inability to care for the child.
U.S. FEES:
INS Fees for I-600 and I-600A Petitions: There is an INS fee
of $155.00 for an I-600 or I-600A petition. If you have a
valid I-600A and file an I-600 within one year of the approval
of the I-600A, no fee will be charged for the I-600 provided
you are only petitioning for one child or for siblings. If you
have a valid I-600A and within one year of approval of the
I-600A are petitioning for more than one child and the children
are not siblings, the I-600 fee will be charged for each child
after the first child except for the first child.
U.S. State Department Authentication Fee: If you are having
documents authenticated by the Department of State
Authentication Office, there is a fee of $4.00 per document.
For further information regarding the authentication process
please call (202) 647-5002.
U.S. Immigrant Visa Fee: The fee for the immigrant visa is
$200.00 and may be paid either in U.S. dollars or Korean Won.
This $200.00 may be covered by the fee charged by the adoption
agency; consult your agency regarding this. The American
Embassy Seoul does not accept personal checks or credit cards.
ADDRESSES OF U.S EMBASSY AND CONSULATE IN KOREA
Should you choose to travel to Korea during the processing of
your adoption case, it is suggested that you register with
either the U.S. Embassy in Seoul or the Consulate in Pusan.
The Embassy or Consulate will be able to provide information
regarding the current situation in Korea, recent changes in
adoption procedures in Korea, and other information such as
lists of physicians, attorneys, interpreters and translators.
The addresses and phone numbers for the U.S. Embassy in Seoul
and the U.S. Consulate in Pusan are as follows:
Local Korean Address Mailing Address from U.S.
U.S. Embassy Amembassy
82 Sejong-Ro, Chongro-ku Unit 15550
Seoul, Korea APO AP 96205-0001
Telephone - Seoul, 011-82-2-397-4114, Fax 011-82-2-738-8845
U.S. Consulate U. S. Consulate
24 2-Ka, Unit 15485
Daechung Dong, Chung-ku APO AP 96259-0002
Pusan, Korea
Telephone - Pusan, 011-82-51-246-7791,
Fax 011-82-51-246-8859
ADDRESSES OF KOREAN EMBASSY AND CONSULATES IN THE U.S.
Embassy of Korea
Consular Section
2450 Massachusetts Ave., N.W.
Washington, D.C. 20008 tel: (202) 939-5600
Korea also has consulates in Mobile, Alabama; Anchorage,
Alaska; Phoenix, Arizona, Los Angeles, California; San
Francisco, California; Denver, Colorado; Ft. Lauderdale,
Florida; Atlanta, Georgia; Agana, Guam; Honolulu, Hawaii;
Chicago, Illinois; Evanston, Illinois; Kansas City, Kansas; New
Orleans, Louisiana; Boston, Massachusetts; Detroit, Michigan;
Minneapolis, Minnesota; St. Louis, Missouri; New York, New
York; Cleveland, Ohio; Oklahoma City, Oklahoma; Portland,
Oregon; Philadelphia, Pennsylvania; San Juan, Puerto Rico;
Houston, Texas and Seattle, Washington.
QUESTIONS: Specific questions regarding adoptions in Korea may
be addressed to the Consular Section of the U.S. Embassy or
Consulate. You may also contact the Office of Children's
Issues, U.S. Department of State, Room 4800 N.S., 2201 C
Street, N.W., Washington, D.C. 20520-4818, telephone (202)
647-2688 with specific adoption questions. Recorded
information concerning significant changes in adoption
procedures is available 24 hours a day at: (202) 736-7000, or
by automated fax (calling from the telephone on your fax
machine) at (202) 647-3000. If the country you are interested
in is not listed, procedures have not significantly changed.
Information on immigrant visas is available from the State
Department's Visa Office, at (202) 663-1225. This 24 hour
automated system includes options to speak with consular
officers during business hours for questions not answered in
the recorded material. Application forms and petitions for
immigrant visas are available from the U.S. Immigration and
Naturalization Service, the nearest office of which is listed
in the federal pages of your telephone book, under U.S.
Department of Justice.
In addition, the State Department publishes Consular
Information Sheets and Travel Warnings. Consular Information
Sheets are available for every country in the world, providing
information such as the location of the U.S. Embassy, health
conditions, political situations, and crime reports. When
situations are sufficiently serious that the State Department
recommends U.S. citizens avoid traveling to a country, a Travel
Warning is issued. Both Consular Information Sheets and Travel
Warnings may be heard 24 hours a day by calling the State
Department's Office of Overseas Citizens Services at (202)
647-5225 from a touch-tone telephone. The recording is
updated as new information becomes available. In addition,
this information is accessible through the automated fax
machine, as above, and is also available at any of the 13
regional passport agencies, field offices of the U.S.
Department of Commerce, and U.S. Embassies and Consulates
abroad. Furthermore, you may write in requesting information,
sending a self-addressed, stamped envelope to Overseas Citizens
Services, Room 4811 N.S., 2201 C St., N.W., U.S. Department of
State, Washington, D.C. 20520-4818. Finally, information is
available through your personal computer. If you have a
computer and a modem, you can access the Consular Affairs
Bulletin Board (CABB). This service is free of charge, and may
be reached at: (202) 647-9225. Consular Information Sheets and
Travel Warnings may also be accessed by subscribers to many
on-line services. For complete information on accessing
consular information via computer, please request document
1016, entitled "Consular Information Program," from the
automated fax system, which is described in the preceding
paragraph.
Applying for U.S. Citizenship for an Adopted Child:
Questions about naturalization of an adopted child as a U.S.
citizen after the child has entered the United States should be
addressed to the INS office with jurisdiction over the adoptive
parent(s)' place of residence. The process requires that INS
Form N-643 Application for Certificate of Citizenship on behalf
of an Adopted Child, be filed with the INS before the child is
18 years of age.
CONCLUSION: The American Embassy and the Department of State
stand ready to assist adoptive parents, within the limits of
our authority. Any feedback adoptive parents are willing and
able to provide about their experiences while trying to adopt
children from Korea would be very helpful to us in ensuring the
validity and usefulness of the information in this and similar
brochures.
Attachments:
Appendix - List of Affiliated Agencies
Check List for Orphan Petition Procedures
APPENDIX 1
U.S. AGENCIES
AFFILIATED WITH KOREAN GOVERNMENT
AUTHORIZED ADOPTION AGENCIES
EASTERN CHILD WELFARE SOCIETY, INC.(ECWS)
ARIZONA
Dillon Southwest
Mrs. Emilie Sundie, Administrator
3014 N. Hayden Road, Suite 101
Scottsdale, AZ 8521
CALIFORNIA
Adoption Services International
Ms. Sandra Browne, Executive Director
4737 Ortega Drive
Ventura, CA 93003
COLORADO
Friends of Children of Various Nations, Inc.
Mrs. Cheryl Markson, Executive Director
1818 Gaylord Street, Second Floor
Denver, CO 80206
HAWAII
Catholic Services to Families
Catholic Charities of the Diocese of Honolulu
Ms. Juanita Iwamoto, MSW, Executive Director
250 South Vineyard Street
Honolulu, HI 98813
Telephone: (808)533-0293
ILLINOIS
Child and Family Services
Bensenville Home Society
Ms. Pat Radley, A.C.S.W, Director of Adoptions
331 S. York Road
Bensenville, IL 60106
MINNESOTA
Children's Home Society of MN, Inc.
Mr. David Pilgrim, Program Director Adoption Programs &
Permanency Planning or
Ms. Jean Ramsay, Senior Coordinator, International Waiting
Children
2230 Como Avenue
St. Paul, MN 55108
Telephone: (612)646-6393
MONTANA
Montana Intercountry Adoption, Inc.
Dr. Harriet Tamminga, Director
108 S. 8th
Bozeman, MT 59715
NEW YORK
Parsons Child and Family Center
Mrs. Mary L. Baum, Director, Foster Care & Adoption Program
60 Academy Road
Albany, NY 12208
New Beginnings Family and Children's Services
Mr. Chong H. Park, C.S.W., Executive Director
141 Willis Avenue
Mineola, NY 11501
Telephone: (516)747-2204
OKLAHOMA
Dillon International, Inc.
Mrs. Karin H. Price, Director of Adoption
7615 East 63rd Place South, Suite 100
Tulsa, OK 74133
PENNSYLVANIA
Catholic Social Services, Inc.
Ms. Helen Prim, Administrator of Pregnancy Services and
Adoption Assistance
222 N. 17th Street
Philadelphia, PA 19103
LOVE The Children
Ms. Mary L. Graves, Executive Director
221 W. Broad Street
Quakertown, PA 18951
WASHINGTON
Catholic Community Services
Mr. William Harris, Program Manager for Adoptions
100 23rd Avenue South
Seattle, WA 98144-2302
(206)323-6336
WISCONSIN
Lutheran Social Services of Wisconsin and Upper Michigan
South Central Office
Ms. Margaret Groves, International Adoption Coordinator
101 Nob Hill Road, Suite 200
Madison, WI 53713
WASHINGTON, DC
Adoption Service Information Agency
Mrs. Mary Durr, Executive Director
7720 Alaska Avenue, N.W.
Washington, DC 20012
Telephone: (301)726-7193
HOLT CHILDREN'S SERVICES, INC
MARYLAND
Associate Catholic Charities
Ms. Ellen Eckhart, Director Family Services
19 West Franklin Street
Baltimore, MD 21201
Telephone: (410)659-4050
MASSACHUSETTS
Wide Horizons for Children
Mrs. Vicki Peterson, Executive Director
282 Moody Street
Waltham, MA 02154
Telephone: (617)894-5330
MICHIGAN
Bethany Christian Service
Mr. Glenn Demots, Executive Director
901 Eastern, N.E.
Grand Rapids, MI 49503
Telephone: (616)459-6273
OREGON
Holt International Children's Services
Mr. John Williams, Executive Director
1195 City View Street (P.O. Box 2880)
Eugene, OR 97402
Telephone: (503)687-2202
PENNSYLVANIA
Welcome House Social Services
The Pearl S. Buck Foundation
Ms. Marie J. Mercer, Executive Director
P.O. Box 181, Green Hills Farm
Perkasie, PA 18944
Telephone: (215)249-1516
WASHINGTON
World Association for Children and Parents
Mrs. Janice S. Neilson, Executive Director
543 Industry Drive
Tukwila, WA 98188
Telephone: (206)575-4550
KOREA SOCIAL SERVICES
Family Adoption Consultants, Inc.
Ms. Lorene Cook, Director
421 W. Crosstown Parkway
P.O. Box 489
Kalamazoo, MI 49005
Telephone: (616)343-3316 FAX: (616)343-3359
SOCIAL WELFARE SOCIETY, INC.
CONNECTICUT
Family & Children's Aid of Mid-Fairfield County, INC.
9 Mott Avenue, 4th Floor
Norwalk, CT 06850
Telephone: (203) 855-8765
MICHIGAN
Americans for International Aid and Adoption
877 S. Adams, Suite 106
Birmingham, MI 48009
Telephone: (313) 645-2211
MINNESOTA
Children's Home Society of Minnesota
2230 Como Avenue
St. Paul, MN 55108
Telephone: (612)439-2418
NEW YORK
Spence Chapin Services to Family & Children
6 East 94th Street
New York, NY 10128-0698
(212)369-0300
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