The majority of children of the unmarried mothers of Korea has been adopted overseas due to social prejudice against child rearing unmarried
mothers, an insufficient child rearing assistance and the system. As a result, the Republic of Korea still su...
The majority of children of the unmarried mothers of Korea has been adopted overseas due to social prejudice against child rearing unmarried
mothers, an insufficient child rearing assistance and the system. As a result, the Republic of Korea still suffers from the stigma as the world’s largest child exporting country in the global community. An adoption may serve as a welfare alternative to a child who needs protection, but it can not replace a biological parents’ rearing of a child. Child rearing by biological family and an unmarried mother’s right should be guaranteed more than anything else for a child’s welfare and a protection of motherhood of an unmarried mother.
1. An unmarried mother with financial hardship can get an assistance of living expenses or child rearing expenses currently under 「the National Basic Living Security Act」, 「the Single-Parent Family Support Act」, and 「the Infant Care Act」. Nonetheless, they fall short of necessary amounts with which an unmarried mother can rear a child in self-reliance, and thus, the increase of child rearing expenses is currently in demand to really support a child rearing unmarried mother. An unmarried mother may file a paternity lawsuit as to an unmarried father who does not live together and demand a payment of child rearing expenses. However, the system needs to be introduced in which the state (Minister of Gender Equality and Family) pays the child rearing expenses in lieu of an unmarried father who is in default, or who could not or intentionally does not pay and seeks an indemnity from the unmarried father.
Under 「the Labor Standards Act」and「Equal Employment Opportunity and Work-Family Balance Assistance Act」, a woman should not be dismissed from the workplace or discriminated against due to a pregnancy or child-birth. A guarantee of such right should not be an exception to an unmarried mother as well, but unmarried mothers in the Korean society still encounter lots of hardship and difficulties in achieving self-reliance through labor and employment activities. Since unmarried mothers could not rear children in the stable conditions unless a basic
source of income is guaranteed, it is an important policy for unmarried mothers to establish assistance services for employment, training, and
education.
2. A motherhood right of an unmarried mother who decided for the adoption should be guaranteed during the adoption process and after adoption. In case of adoption in compliance with 「the Act on Special Cases concerning the Promotion and Procedure of Adoption 」, she is supposed to
express an intention to relinquish parental rights in the agreement to an adoption, but in the legal system of Korea, it is not possible to relinquish parental rights legally, and thus, it is not justified to deem the head of an adoption institution as a guardian under such incorrect presumption, and thus, such provision needs to be amended. In case where an intention for an adoption is expressed, it shall be deemed that parental rights are not relinquished, but merely “an exercise of parental rights is suspended.” Thus, it is proper to provide that the head of an adoption institution shallbe responsible for child protection child rearing up to the completion of an
adoption process as a guardian.
Further, if an unmarried mother decides for an adoption after a childbirth, a right of motherhood should be guaranteed during the procedure,
and an adoption re-consideration period should be newly established so that biological parents who agreed to an adoption can be allowed to revoke the agreement within a certain period of time after the signing of the adoption agreement. An unmarried minor mother should be acknowledged as the subject of parental rights and the person with parental rights for a minor unmarried mother shall be deemed as exercising the right as her agent. Thus, an agreement on the part of an unmarried minor mother should be stipulated as a requirement in the adoption process.
Further, unjust intervention under the pretext of a status as a mother or a father, and an adoption approval prior to a child birth should not be allowed. Anonymity of biological parents should be guaranteed, and it should be harmonized with the right to know by the adopted.