Sean Hayes in the Christian Science Monitor on Korean Adoptions

Sean Hayes, the author of this post, was quoted in today’s issue of the Christian Science Monitor regarding an adoption law matter we are assisting with at a drastically reduced cost, as part of what we believe are our pro bono obligations to Korean society.

I fear that this adoption law case may reach the Korean Constitutional Court and the Supreme Court. I believe the case is simply caused by misplaced nationalism. I also hope Korea can adopt most of its children locally, but the reality is that the nation is not yet at a stage where this is possible. Maybe it will, not, ever be at a stage – most countries are not. Koreans overwhelmingly do not want to adopt children – the number of local adoptions has not significantly increased over the past decade. This should not be embarrassing—it is just a reality. Hey – I don’t want to adopt a child, and neither does the majority of Americans I know.

It should not be embarrassing to Korea for the nation to have orphans, but it should be embarrassing for Korea to choose national interests over the welfare of children. Yes, it is, according to the vast majority of experts on adoptions, better for a child to have a loving family overseas than to live in an orphanage or a similar facility in Korea. Yes, some overseas adoptions don’t work out. However, some Korean parents don’t work out.

The adoption law in Korea is clear.

Under the Korean Civil Act, a “private adoption” is possible. The MHW seems to be trying to make sure that no private adoptions occur if Korean children are sent overseas. If the government believes this should be the case, it should revise the law to explicitly state this.

We hope the cases brought by the MHW don’t succeed for the benefit of Korean orphans. Success will simply be eliminating the rights of mothers to determine a child’s destiny, will lead to more children in orphanages in Korea, and will lead to more questions about the transparency of the Korean justice system.

Koreans, simply, should not be embarrassed that Korea is one of the largest “exporters of children.” This is a trivial thing and should not affect the national psyche. I am proud of Korea, and the Korean retired judges, prosecutors, and attorneys that I work with are also proud of Korea. We are not embarrassed by Korea being placed in this category. Let’s try to think what is best for the children and try to ignore the view of the few crackpots that believe that sending Korean children overseas is “child abuse.” The argument is so peculiar that it is not even worth discussing.
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South Korea tries to recall a US adoption

South Korea has taken up a fight for the return of a baby it charges was adopted illegally by a US family. Critics say Korea is just embarrassed by the number of foreign adoptions.
By Donald Kirk, Correspondent
The Christian Science Monitor
January 23, 2013
http://www.csmonitor.com/World/Asia-Pacific/2013/0123/South-Korea-tries-to-recall-a-US-adoption#.UP_2jPamWHg.email
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Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. You may schedule a call with Sean at:  Schedule a Call with Attorney Sean Hayes.