The best way to take care of children who need protection is adoption, a legal proceeding that creates a parent-child relation between persons not related by blood. Home is the most desirable place for a child to grow up. Adoption is the best alternat...
The best way to take care of children who need protection is adoption, a legal proceeding that creates a parent-child relation between persons not related by blood. Home is the most desirable place for a child to grow up. Adoption is the best alternative in terms of child welfare service in that it provides home to a child.
In Korea, the Patriarchy stemmed from Confucianism and prejudice against adoption made only handful of needy children get adopted. Once a child is adopted, it is usually done through closed adoption to hide the fact. Also, to keep the adoption in secret, adoptive parents choose false report of birth and often move to other areas. As a result, adoption has been done in unlawful manner and prejudice against adoption has increased.
So far, there have been many studies on domestic adoption which only partly indicated side effects of closed adoption. ‘Case study on adoption disruption of domestic adoption’ (Mi-Hyung Park, 1993) and ‘Case study on adoptive parents’ upbringing experience’(Hyung-Jung Lee, 2002) are the only relevant studies. Though adoption is for a child’s welfare, there are few studies about adopted children. The lack of study on closed adoption problem and adopted children may result from the fact that it was not easy to get access to research subject. Also, it suggests that the welfare of adopted children got damaged. Therefore, it is urgent to conduct a study focused on the welfare of adopted children.
With literature and case studies, this study is to closely examine the problem of closed adoption which hampers the development of domestic adoption. For case study, I referred to examples of closed adoption in Seoul and collected 4 families’ cases where welfare of adopted children got damaged. Materials used in case study analysis are various adoption records of adoption agencies and adoption-related problems were materialized through content analysis. As a result of case studies, the most serious problem was that adoptive parents do false report of birth wand choose call for affiliation proceeding when they give up adoption.
The problems of closed adoption are divided into 4 categories.
1. False report of birth problem.
2. Adoption disruption by the lawsuit against call for affiliation proceeding.
3. Adoptive parents oriented mind set.
4. Poor welfare condition of adopted children.
Based upon the result of this study, I’d like to suggest the following to resolve closed adoption problem and to improve domestic adoption.
First, there should be a way to resolve false report of birth problem.
Adopted children have rights to know about their biological parents and their personality rights should be respected. Therefore, the head of adoption agency should fulfill their responsibility to create family relation registration.
Second, there should a way to complement the lawsuit against call for affiliation proceeding.
Termination of adoption by lawsuit against call for affiliation proceeding is a side effect from closed adoption practiced for a long time. In Korea, adoption disruption cause tremendously negative on children. Thus, special exceptions including deliberation period should be made and there should be a law which does not allow adoptive parents to file a lawsuit against call for affiliation proceeding until an adopted child becomes an adult.
Third, in adoption, children should be the center, not the adoptive parents.
Adoption should be able to respect child’s right and guarantee child’s interests. Therefore, Attitude and understanding of adoptive parents are very crucial. In that sense, parents should have parental education before adoption to get necessary information and knowledge. This will help them to prepare psychologically for possible problems after adoption.
Forth, full adoption is necessary for welfare of adopted children.
In Korea, adoption was regarded as personal and private matter and it has been done in an easy way without the government’s involvement. Therefore, dissolution of adoption quite easily occurred. Full adoption is the best solution for the welfare of adopted children in that the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents. For the welfare of adoptive children, it is necessary to introduce all-out adoption permit system which requires the permit of court.
Lastly, this study has two limits.
First, as families who chose closed adoption do not want follow-up directions and it is hard to get access to a family where welfare of adopted children got damaged, it is hard to generalize the problem of closed adoption through 4 case studies.
Second, there might be different perspectives from adoptive parents and adoption agencies as the problem of closed adoption was materialized and focused on the welfare of adopted children.
However, it is very meaningful that this study used literature and case studies about closed adoption which does not allow easy access and suggested actual improvement measures for domestic adoption and the welfare of adopted children.