The domestic and international adoption, which has been managed by private adoption agencies until now, will be completely overhauled starting July 19, with responsibilities taken on by the government and local governments.
In preparation for this, the Ministry of Health and Welfare announced on the 13th that it will publish the draft amendments to the Special Act on Domestic Adoption, the Child Welfare Act, and the enforcement ordinances and rules on international adoption by the 14th. As a result, the legal foundation for the implementation of the public adoption system reform, which went through a two-year preparation period after the adoption of related laws in July 2023, has been fully established.
According to the amended legal provisions, local governments will only decide on adoption if they determine that it is in the best interest of the child and will take on the role of guardians until the adoption is finalized. The governors of cities and provinces, as well as mayors and heads of districts, who serve as guardians before adoption, are required to check the child's adaptation status, development situation, and nurturing environment quarterly.
The Ministry will investigate the qualifications of adoptive parents and link children and adoptive parents through the Adoption Policy Committee, considering the principles of adoption and the situations of the children and adoptive parents. Previously, adoptions were only possible if the age difference between the child and the prospective adoptive parent was within 60 years, but now they can apply for adoption even if the age difference exceeds 60 years, provided they have sufficient nurturing ability.
After the linkage, the court will decide whether to grant approval, and if deemed necessary for the early formation of attachment and mutual adaptation between the child and the prospective adoptive parents, the court may decide on temporary custody even before granting approval. If, during the family court's temporary custody decision, the prospective adoptive parents sell or abuse the child, the head of the local government must take immediate protective measures.
The government must also provide post-adoption services, including adjustment support and counseling for at least one year after adoption. The management of adoption records and the disclosure of adoption-related information will be unified under the Child Rights Protection Agency.
To verify mutual adaptation between international adoption children and their adoptive parents, the child adaptation reports exchanged between countries and details of possible post-service related to international adopted children are also included in the subordinate regulations of the International Adoption Act.