한국 입양법의 변화와 쟁점

Changes and Issues in Korean Adoption Law

In order to achieve the objective of the Hague Adoption Convention, which is to “protect children from the abduction, sale, and trafficking of children by establishing measures to realize the best interests of the child in intercountry adoption and to ensure the fundamental rights of the child,” it is necessary, (1) the principle of subsidiarity in intercountry adoption must be recognized, (2) the control, management, and supervision of national institutions throughout the adoption process must be ensured, (3) a system of collaboration between relevant institutions between and within countries must be established, (4) adoption procedures must be integrated in the country of origin and the receiving country to ensure automatic approval of intercountry adoptions. Korean adoption law has evolved to align with these principles of the Convention. In anticipation of ratification of the Convention, the Special Act on Domestic Adoption and the Act on Intercountry Adoption have been enacted and are scheduled to take effect on July 19, 2025. This article commences with a concise review of the major amendments to Korea’s adoption legislation in accordance with the principles of the Convention. It then proceeds to deliberate the primary issues that may persist as contentious subjects in the impending amendments, particularly with regard to the prevention of circumvention of the Hague Convention and the realisation of the principle of subsidiarity. The article concludes with a brief overview of measures to prevent other illegal adoption-related practices.