Why pursue the right to origins

The intercountry adoption program of Korea has facilitated the adoption of over 200,000 children abroad since 1953. In 2019, approximately 400 children were sent overseas through this system, which has served as an influential model that other countries have emulated. While Korea's adoption system is often portrayed as professional and transparent, significant concerns persist regarding human rights protections, particularly in light of cases involving the deportation of Korean adoptees from their receiving countries. The Korean government has made limited progress in addressing adopted people's right to origins.

Each year, adopted people undertake searches for their origins through birth family searches and visits to Korea. However, only a small percentage succeed in locating their birth families or uncovering the circumstances of their adoption. Multiple barriers impede adopted people from exercising their fundamental right to origins, which is protected under international law. These obstacles include restricted access to records, limited awareness of their legal rights in Korea, and insufficient mechanisms for advocacy.

The right to origins extends beyond mere access to birth records. It represents a comprehensive right established in the UN Convention on the Rights of the Child, to which Korea is a State Party.

 

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name, and family relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

   

Adoption is a lifelong journey, and the support and protections required to fulfill the right to origins must reflect this perpetual nature. The current lack of full recognition and enforcement of this fundamental entitlement constitutes a significant oversight of adoptees' needs and rights.

Under international law, Korea is obligated to implement measures protecting against government and private parties unlawfully interfering with the elements that constitute a child's identity. This obligation encompasses enabling children to preserve, discover, and develop their identity throughout their lives.

The Korean government's international obligations include ensuring the preservation of and access to adoption records. As identity encompasses cultural, social, and political elements beyond birth records, the government's responsibilities extend to providing comprehensive support services. These services should include counseling for family contact, language and translation assistance, integration of Korean adoptee experiences into national historical narratives, and other measures that enable adoptees to fully realize their right to origins.