An Intercountry Adoption Reform Scheme for the Principle of Subsidiarity and Transparency

Abstract

The Korean government signed the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption eight years ago but still has not ratified it. It is mainly due to the conflicts over the role of accredited bodies in the phases of intercountry adoption. Intercountry adoption process in South Korea has been led by private organizations since the Korean War, which made them be blamed for illegal, unethical, or unnecessary intercountry adoption. To implement the principle of subsidiarity and transparency according to the Convention, it is necessary to reform the adoption system before the ratification so that the government shall take its initiative for the best interest of the child. Nonetheless, resources for the domestic child protection system are so scarce for the government to in entire charge of child protection who needs permanent family during the intercountry process, so it is quite compelling to rely on resources of the adoption agencies, which makes the situation complex. In order to break the deadlock, we review the standards and good practice guide for the operation of the principle of subsidiarity and transparency, analyze the bills for the implementation of the Convention submitted to the National Assembly so far, and suggest the intercountry adoption reform scheme which enables the gradual implementation of the Convention in conformity with the current domestic child protection situation.