Legal basis:
– Special Act on Intercountry Adoption.
Adoption to foreign countries (including both a Contracting State and a Non-Contracting State of the Convention): Adoption for which both or each of the persons intending to be adoptive parents has habitual residence in a foreign country, and the child’s habitual residence moves from the Republic of Korea to a foreign country for adoption or as a result of the adoption.
1. Eligibility for Adopted Children
A child to be adopted shall fall under either of the following:
– A child determined as a child subject to intercountry adoption by the Minister of Health and Welfare;
– Where one of the parents intends to independently make an intercountry adoption of a biological child of his or her spouse, the biological child.
Where an intercountry adoption is deemed to be in the best interest of the relevant child, among children determined to be adopted under the Special Act on Domestic Adoption, the Minister of Health and Welfare may determine such child as a child subject to intercountry adoption after deliberation and resolution by the committee. In such cases, a report on children adopted through intercountry adoption shall be prepared regarding the relevant child.
Where the Minister of Health and Welfare receives a report on a person intending to be an adoptive parent of a child falling under where one of the parents intends to independently make an intercountry adoption of a biological child of his or her spouse, the biological child from the Central Authority of a country of adoption, he or she shall enter and manage information on the relevant child in the integrated child information system.
2. Eligibility for Adoptive Parents
A person intending to be an adoptive parent shall meet the eligibility for adoptive parents under the law of nationality: Provided, That where the person intends to adopt a child determined as a child subject to intercountry adoption by the Minister of Health and Welfare, he or she shall also meet the eligibility for adoptive parents under the Special Act on Domestic Adoption and the Civil Act.
Where the Minister of Health and Welfare receives a report on a person intending to be an adoptive parent from the Central Authority of a country of adoption, he or she shall verify whether the person intending to be an adoptive parent meets the eligibility, etc. For adoptive parents above after deliberation and resolution by the committee: Provided, That where a child under the circumstance where one of the parents intends to independently make an intercountry adoption of a biological child of his or her spouse, the biological child is to be adopted, the deliberation and resolution by the committee may be omitted.
