Completion of legislation for implementing reform of public adoption system centered on national and local governments
Completion of legislation for implementing reform of public adoption system centered on national and local governments
- Enforcement Decree and Enforcement Rules of the International Adoption Act and the Domestic Adoption Special Act are enacted and revised, and are scheduled to take effect on July 19 -
The Ministry of Health and Welfare (Minister Cho Kyu-hong) announced that following the promulgation of the Enforcement Decree of the Special Adoption Act (renamed the Enforcement Decree of the Special Act on Domestic Adoption), the Partial Revision Decree of the Enforcement Decree of the Child Welfare Act, and the Enforcement Decree (enactment) of the Act on International Adoption ('25.5.7.), it has enacted and revised the related enforcement regulations* ('25.5.14. promulgated), which will go into effect on July 19.
* Enforcement Decree of the Special Adoption Act (renamed as the Enforcement Decree of the Special Act on Domestic Adoption), Enforcement Decree of the Act on International Adoption
This is a follow-up measure to the revision of subordinate statutes in accordance with the revision of the law in July 2023 to strengthen national responsibility for domestic and international adoption of children in order to implement the Hague Convention on Intercountry Adoption*.
* Adoption Convention adopted ('93) and entered into force ('95) at the Hague Conference on Private International Law to guarantee the basic rights of children in international adoption and to establish an international cooperative system to prevent the abduction, sale or trade of children.
The enforcement ordinance and enforcement regulations promulgated this time specify the responsibilities and tasks of the state and local governments in the entire adoption process, including the protection of adoptable children, deliberation and resolution of child-adoptive parent matchmaking, and post-adoption adaptation support, by establishing the standards and procedures required for implementing the revised adoption system and matters delegated by law. As a result, the legal basis for the implementation of the public adoption system reform on July 19 will be completed.
The main contents of the revised Enforcement Decree and Enforcement Rules of the Special Adoption Act and the Enforcement Decree of the Child Welfare Act are as follows.
First, the procedures for establishing, implementing, and evaluating the basic plan and implementation plan for activating domestic adoption were established. The Minister of Health and Welfare shall establish the basic plan for activating domestic adoption with the cooperation of the heads of relevant central administrative agencies, city and provincial governors, and the head of the Child Rights Protection Agency, but shall establish it in conjunction with the basic plan for child policy, and shall comprehensively evaluate the performance of the implementation plan by year. (Articles 2 to 4 of the Enforcement Decree of the Special Adoption Act)
Second, we have established detailed matters necessary for the composition and operation of the adoption policy committee and subcommittees for the domestic adoption activation policy and deliberation on adoption, and have stipulated the duties of the secretariat established in the Child Rights Protection Center to support the operation of the committee. (Articles 5 to 9 of the Enforcement Decree of the Special Adoption Act, Article 3 of the Enforcement Rules, and Article 9-2 of the Enforcement Decree of the Child Welfare Act)
Third, the responsibility for protecting children before adoption has been specified. The city/provincial governor and mayor/county governor/district head shall act as the guardian of the child while protecting the child, and shall check the child’s adaptation status, development status, and upbringing environment every quarter. At this time, if the protective measures are not appropriate, the protective measures shall be changed without delay. In addition, even during the interim custody decision of the family court*, if the person intending to become an adoptive parent sells the child or commits sexual, physical, or emotional abuse against the child, the mayor/county governor/district head shall take immediate protective measures. (Articles 10 and 13 of the Enforcement Decree of the Special Adoption Act, Article 6 of the Enforcement Rules of the Special Adoption Act)
* If the family court determines that it is necessary for the early formation of attachment and mutual adaptation between a child and prospective adoptive parents, it may decide on temporary custody upon application or ex officio (newly established) → The prospective adoptive parents become the temporary guardians of the child and raise and protect them.
Fourth, the application process for prospective adoptive parents, the content of education to be completed, and the criminal records to be confirmed were specified, and the method of investigating the family environment to confirm qualifications was stipulated. In particular, unlike the current Special Adoption Act, the upper age limit provision was deleted so that adoption applications can be made even if the age difference between the adoptive parent and the child is over 60 years old if the adoptive parent has sufficient parenting ability. (Article 11 of the Enforcement Decree of the Special Adoption Act, Articles 12 to 14 of the Enforcement Rules of the Special Adoption Act)
Fifth, the method of application for disclosure of adoption information requested by adoptees to the Child Rights Protection Center, the processing procedure, the scope of target information, the format, etc. were established. (Articles 18 to 21 of the Enforcement Decree of the Special Adoption Act, Articles 18 to 20 of the Enforcement Rules of the Special Adoption Act)
Sixth, we have established facility and personnel standards for institutions that will carry out entrusted tasks such as counseling for prospective adoptive parents, investigation of their home environments, and post-adoption adaptation support. (Article 22, Appendix 1 of the Enforcement Decree of the Special Adoption Act)
The main contents of the Enforcement Decree and Enforcement Rules of the Act on International Adoption are as follows.
First, in order to ensure child-centered adoption procedures based on cooperation between countries in compliance with the Hague Convention on Intercountry Adoption, we have prepared detailed contents to be included in agreements with foreign countries. (Enforcement Decree Article 5)
Second, the provisions were also made for the smooth progress of international adoption procedures based on agreements between countries. The contents of the international adoption procedure progress agreement, which consents to and confirms the progress of the adoption under the approval of the central authorities of both countries, and the circumstances in which the adoption procedure must be suspended for the welfare of the child were added. (Enforcement Regulations Articles 4, 5, and 9)
Third, in order to confirm the mutual adaptation of internationally adopted children and adoptive parents, the period for writing, receiving, and confirming child adaptation reports exchanged between countries was set to one year, the same as in the case of domestic adoption. (Enforcement Decree Articles 2 and 4)
Fourth, the content of the post-adoption services that can be implemented for children and adoptive families who have been adopted abroad has been specified. In addition to the services stipulated in the law, it has been made possible to provide information about the mother country, provide cultural experiences in the mother country, and promote the search for biological parents and the information disclosure system. (Enforcement Decree Article 3)
Fifth, when an adoption is completed between contracting countries in compliance with the agreement, the procedure and format for issuing a certificate of adoption in compliance with the agreement, issued by the Minister of Health and Welfare to the adoptive parents or adoptees, has been established. (Enforcement Regulation Article 12, Forms 5 and 6 attached)
This proposed ordinance will be enforced from July 19, 2025. The full text of the revised laws and subordinate statutes can be found in the attached materials and on the Ministry of Health and Welfare website* (homepage), the National Law Information Center website, etc.
* Ministry of Health and Welfare website (www.mohw.go.kr) → Information → Laws/National Law Information Center (ww.law.go.kr)
Kim Sang-hee, the Director of Population and Children’s Policy at the Ministry of Health and Welfare, said, “This revision is significant in that it completes the legal foundation for the public adoption system that will be reorganized around the state and local governments starting in July,” and added, “We will do our best to support the newly implemented adoption system so that it can be smoothly established in the field.”
<Attached> 1. Decree of the Enforcement Decree of the Special Adoption Act, Full Revision 2. Decree of the Enforcement Rules of the Special Adoption Act, Full Revision 3. Decree of the Enforcement Decree of the Act on International Adoption 4. Decree of the Enforcement Rules of the Act on International Adoption 5. Decree of the Enforcement Decree of the Child Welfare Act, Partial Revision