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 legal 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.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Korea and applying for an immigrant visa for the child to come to the United States. This process involves complex South Korean and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Seoul before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy (Consulate) to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Korean orphans adopted abroad - 16
IR-4 immigrant visas issued to Korean orphans adopted in the U.S. - 1,500
FY-1997: IR-3 visas - 17, IR-4 visas - 1,640
FY-1998: IR-3 visas - 19, IR-4 visas - 1,810
FY-1999: IR-3 visas - 11, IR-4 visas - 1,996
FY-2000: IR-3 visas - 10, IR-4 visas - 1,787

KOREA ADOPTION AUTHORITY: The government office responsible for adoptions in South Korea is the Ministry of Health and Social Welfare.

KOREA ADOPTION PROCEDURES: South Korean authorities advised that the entire adoption process in Korea should be 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.

The first step for a U.S. family is to apply to a U.S. adoption agency to conduct a home study of the prospective adoptive parents. This study 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 yet-to-be-identified child or 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.

Most Korean children adopted by U.S. citizens leave South Korea in the foster care of an U.S. adoption agency affiliated with one of the four South Korean government licensed adoption agencies. The adoptive parents in the United States then adopt the child. 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 U.S. adoption agency follows up with the parents and child through a series of home visits at six-month intervals. The U.S. agency sends reports of the post-placement home visits to the South Korean adoption agency, which keeps the reports in the child's permanent file. The U.S. family does not officially adopt the child until the child has been in the U.S. for one year. The U.S. adoption agency maintains a constant relationship with the child and family even after the final adoption, until the child becomes a naturalized U.S. 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. The children and their adoptive families are also encouraged to attend U.S. agency-sponsored get-togethers to maintain contact with other Korean adoptions in their community

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.

U.S. adoption procedures: Comprehensive information regarding international adoptions by U.S. citizens is available through the State Department's Office of Children's Issues in the Bureau of Consular Affairs and through the U.S. Immigration and Naturalization Service (INS), and your local state's agency or department that handles adoption.

AGE AND CIVIL STATUS REQUIREMENTS: South Korean authorities have advised the American Embassy in Seoul of the following criteria for selecting adoptive parents that have been established by the Ministry of Health and Social Affairs. 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 to adopt 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 younger than 45 years old; however, they may make exceptions in some cases. The following factors may be considered when making exceptions to the age limit:

At least one parent is under 45

The adoptive parents have previously adopted a Korean orphan

The parents are willing to adopt an orphan with serious medical problems

*These 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.

ADOPTION AGENCIES AND ATTORNEYS: The following is a list of U.S. agencies affiliated with Korean Government and are authorized:

EASTERN CHILDWELFARE SOCIETY, Inc. (ECWS)

Arizona
Dillon Southwest
Ms. Marsha Usdane, Director
3014 N. Hayden Rd., Ste. 101
Scottsdale, AZ 85251

California
Adoption Services International
Ms. Sandra Browne, Executive Director
4737 Ortega Dr.
Ventura, CA 93003

Colorado
Friends of Children of Various Nations, Inc.
Mrs. Cheryl Markson, Executive Director
1818 Gaylord St., 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 St.
Honolulu, HI 98813
Tel: 808-533-0293

Illinois
Child and Family Services
Bensenville Home Society
Ms. Pat Radley, A.C.S.W, Director of Adoptions
331 S. York Rd.
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 Ave.
St. Paul, MN 55108
Tel: 612-646-6393

Montana
Montana Inter-country 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 Rd.
Albany, NY 12208

New Beginnings Family and Children's Services
Mr. Chong H. Park, C.S.W., Executive Director
141 Willis Ave.
Mineola, NY 11501
Tel: 516-747-2204

Oklahoma
Dillon International, Inc.
Mrs. Karin H. Price, Director of Adoption
7615 East 63rd Pl. South, Ste. 100
Tulsa, OK 74133

Pennsylvania
Catholic Social Services, Inc.
Ms. Helen Prim, Administrator of Pregnancy Services and Adoption Assistance
222 N. 17th St.
Philadelphia, PA 19103

LOVE the Children
Ms. Mary L. Graves, Executive Director
221 W. Broad St.
Quakertown, PA 18951

Washington
Catholic Community Services
Mr. William Harris, Program Manager for Adoptions
100 23rd Ave. South
Seattle, WA 98144-2302
Tel: 206-323-6336

Wisconsin
Lutheran Social Services of Wisconsin and Upper Michigan
South Central Office
Ms. Margaret Groves, International Adoption Coordinator
101 Nob Hill Rd., Ste 200
Madison, WI 53713

Washington, DC
Adoption Service Information Agency
Mrs. Marilyn Regier, Executive Director
7720 Alaska Ave., NW
Washington, DC 20012
Tel: 202-726-7193 or 301-587-7068

HOLT CHILDREN"S SERVICES, Inc.

Maryland
Associate Catholic Charities
Ms. Ellen Eckhart, Director Family Services
19 West Franklin St.
Baltimore, MD 21201
Tel: 410-659-4050

Massachusetts
Wide Horizons for Children
Mrs. Vicki Peterson, Executive Director
282 Moody St.
Waltham, MA 02154
Tel: 617-894-5330

Michigan
Bethany Christian Service
Mr. Glenn Demots, Executive Director
901 Eastern, NE
Grand Rapids, MI 49503
Tel: 616-459-6273

Oregon
Holt International Children's Services
Mr. John Williams, Executive Director
1195 City View St.
P.O. Box 2880
Eugene, OR 97402
Tel: 503-687-2202

Pennsylvania
Welcome House Social Service
The Pearl S. Buck Foundation
Ms. Marie J. Mercer, Executive Director
P.O. Box 181, Green Hills Farm
Perkasie, PA 18944
Tel: 215-249-1516

Washington
World Association for Children and Parents
Mrs. Janice S. Neilson, Executive Director
P.O. Box 88948
Seattle, WA 98138
Tel: 206-575-4550
Web: http://www.wacap.org

KOREA SOCIAL SERVICES

Michigan
Family Adoption Consultants, Inc.
Ms. Lorene Cook, Director
421 W. Crosstown Pkwy.
P.O. Box 489
Kalamazoo, MI 49005
Tel: 616-343-3316
Fax: 616-343-3359

SOCIAL WELFARE SOCIETY, Inc.

Connecticut
Family & Children's Aid of Mid-Fairfield County, Inc.
9 Mott Ave., 4th Floor
Norwalk, CT 06850
Tel: 203-855-8765

Michigan
Americans for International Aid and Adoption
877 S. Adams, Ste 106
Birmingham, MI 48009
Tel: 313-645-2211

Minnesota
Children's Home Society of Minnesota
2230 Como Ave.
St. Paul, MN 55108
Tel: 612-439-2418

New York
Spence Chapin Services to Family & Children
6 East 94th St.
New York, NY 10128-0698
Tel: 212-369-0300

DOCTORS: The U.S. Embassy (Consulate) maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Korea.

KOREA DOCUMENTARY REQUIREMENTS: For documentary requirements, please contact the U.S. Embassy in Seoul. The documents do need to be authenticated; here is the process: Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Then it must be authenticated by the state's Secretary of State in your state capital, then by the U.S. Department of State Authentication's office and then by the Chinese Embassy or Consulate in the United States. Check with the Korean Consulate in the U.S. with jurisdiction over your state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file.

Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of notary public in the United States or some appropriate issuing office. The notary's seal should be authenticated by the county clerk where the notary is licensed or some similar authority. The document should then be authenticated by the state Secretary of State; (in your state capital) the U.S. Department of State Authentication's Office, and the Korean Embassy or Consulate.

U.S. IMMIGRATION REQUIREMENTS

A Korean child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 161 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Seoul. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Seoul for more information.

1A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;
The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov .

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Seoul.2

2 If a married couple is adopting the child and only one of the parents will travel to Korea, that parent must be an American citizen. REMEMBER both parents must still sign the original I-600.

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov. Americans who have adopted or hope to adopt a child from Korea should request, at the time they file these forms, that INS notify the U.S. Embassy in Seoul as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the US.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

In order to apply for an immigrant visa abroad, the U.S. citizen parents must first file a petition with INS. This petition, Form I-600, has two parts. Form I-600 is filed when a specific child has been identified for adoption. Form I-600A is filed when the prospective adoptive parents have not yet identified a child for adoption. The prospective adoptive parents must file either an I-600 or I-600A petition with the INS office having jurisdiction over their place of residence in the U.S. In either case, INS transmits notification of approval of the petition to the U.S. consulate in the country where the parents seek to adopt. If an I-600A was filed initially, an I-600 must be filed and approved once a child is identified. Until INS has approved an I-600 petition, no immigrant visa may be applied for. In most cases, the final adoption of Korean children takes place in the United States. For the few cases, where adopting parents travel to Korea to take custody of their child, the U.S. Embassy in Seoul suggests that parents wait until the visa allowing the child to travel to the U.S. has been issued before going to Korea. This is to reduce the risk of potential delays caused by unforeseen difficulties, from occurring while the adopting parents are in Korea, which would, thereby, force them to remain in that country longer than originally planned.

In the case of U.S. citizens resident in the Republic of Korea, the U.S. Embassy in Seoul advises that all queries concerning adoptions be directed to a licensed Korean adoption agency. Since South Korean adoption agencies are required to handle all aspects of the adoption in South Korea, these agencies can provide in depth information concerning both South Korean and U.S. regulations related to Korean adoptions.

KOREA EMBASSY (and Consulates) IN THE UNITED STATES:

Embassy of Korea
Consular Section
2450 Massachusetts Ave., NW
Washington, DC 20008
Tel: 202-939-5600
Web address: http://www.koreaemb.org

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.

U.S. EMBASSY IN SEOUL:

Street Address

U.S. Embassy
82 Sejong-Ro, Chongro-ku
Seoul, Korea
Tel: 011-82-2-397-4114
Fax: 011-82-2-738-8845
Web: http://usembassy.state.gov/seoul

Mailing Address

Amembassy
Unit 15550
APO AP 96205-0001

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 anywhere between one and four years. One year is the norm for hard-to-place handicapped children and three years is usual for healthy infants.

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Korea may be addressed to the Consular Section of the U.S. Embassy or Consulate in Seoul. You may also contact the Office of Children's Issues, U.S. Department of State, Room L-127, SA-1, 2401 E Street, NW, Washington, D.C. 20522, Tel: (202) 736-7000 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone

Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, (202) 736-7000.

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated Fax

Contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet

The Consular Affairs web site at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

INS web site - http://www.ins.usdoj.gov

Other Information

Consular Information Sheets - Published by the State Department and 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. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the internet web site, as above.

© August 2001