Private Adoption is Legal in South Korea
The answer is yes, private adoption is legal in South Korea. There are two types of adoption under the Korean legal system. One is a private adoption and the other one is a foster care/institutional adoption. Private adoption is an adoption that is initiated by a private placement from the birth parent without the involvement of any adoption agency. The most important distinction of private adoption is that it is regulated by the Civil Code and it cannot be executed for a child in foster care or an orphanage. Any child who is in foster care or an orphanage (“Child Under Social Protection”) should be adopted through the government-approved adoption agency. This foster care adoption is regulated not by the Civil Code but by the Act on Special Case Concerning Adoption.
Private Adoption and Foster Care Adoption Are Regulated by Totally Different Legal Systems
Although the two adoptions are regulated by totally different legal systems, many people often confuse these two. As a foster care adoption must be taken care of by an adoption agency, non-foster care adoption, i.e. a private adoption, (more…)