South Korea Ratifies the Hague Adoption Convention

On October 1, 2025, South Korea will become a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague Adoption Convention”). This historic development represents one of the most significant reforms in Korean family law and adoption law in decades, signaling a move toward stronger oversight, transparency, and accountability in the adoption process. We will update the reader as more information becomes available regarding the implementation of the Hague Adoption Convention.

For more information on Korean Adoptions, please see: IPG Legal’s Korean Adoption Law Archive.

Korea Accedes to Hague Convention on Adoption

Korean Intercountry Adoption

Since the 1970s, South Korea has been one of the largest “sending countries” in intercountry adoption, with tens of thousands of children adopted abroad, particularly to the United States and Europe. While adoption gave many children stable homes, multiple investigations, including findings from the Korean Truth and Reconciliation Commission, uncovered widespread irregularities, including:

• Inadequate record-keeping and falsification of birth records.
• Coercion of single mothers into relinquishing children.
• Lack of transparency in adoption agency practices.

These systemic flaws undermined trust in the Korean adoption system and triggered calls for reform both domestically and internationally. While many of the legal changes were deemed overly reactionary by some, the present adoption of the Hague Adoption Convention seems to be a positive step toward, at least, more transparency.

Legal Significance of the Hague Adoption Convention

The Hague Adoption Convention, facially, establishes a uniform framework to protect children, biological parents, and adoptive parents in cases of intercountry adoption. The Hague Adoption Convention principles include:

• Ensuring that intercountry adoption occurs only when it is in the best interests of the child.
• Requiring proof that a child is adoptable and that domestic placement options have been considered as the first step.
• Creating Central Authorities in each contracting state to regulate adoption processes and prevent abuses.
• Promoting international cooperation and recognition of adoption judgments.

Much remains unknown, and we will update the reader as soon as we have more information on the implementation of the requirements under the Convention.

Implications for Families and Legal Practitioners

For families considering adoption from Korea, the Convention will likely make the process more transparent but also more stringent. With the recent changes in law and the implementation of this Convention, it is essential to hire, early in the process, a lawyer in Korea with experience in navigating the Korean adoption process.

Frequently Asked Questions on Korean Adoption Law and the Hague Convention

Q1: Can foreigners adopt children from Korea under the Hague Adoption Convention?
Yes. Foreigners may adopt from Korea, but the process is now governed by the Hague Convention on Intercountry Adoption, which imposes stricter oversight. Foreign adoptive parents must apply through authorized adoption agencies and meet both Korean and international eligibility requirements.

Q2: Does the Hague Adoption Convention make adoption from Korea more difficult?
Not necessarily more difficult, but the process will be more transparent, regulated, and standardized. Families may experience longer timelines due to stricter compliance requirements. While much remains unknown, we believe that recent changes will make the process more streamlined than the current international adoption system.

Q3: What happens if a will or custody agreement conflicts with Korean adoption law?
In most cases, Korean courts prioritize the best interests of the child and apply Korean family law, even if foreign agreements are presented. International parents should seek advice from a Korean adoption/family lawyer to ensure compliance.

Q4: Are birth parents’ rights stronger under the Hague Adoption Convention?
Yes. The treaty requires that birth parents give fully informed consent and ensures that their rights are recognized and recorded. This reduces the risk of coerced or fraudulent relinquishment.

Q5: How can IPG Legal assist in adoption cases in Korea?
IPG Legal advises adoptive parents, adoptees, and biological families on all aspects of Korean family law and adoption law, including intercountry adoption procedures, custody matters, inheritance rights, and compliance with the Hague Convention.

IPG Legal’s Role in Korean Family and Adoption Law

At IPG Legal, we are recognized leaders in Korean family law and adoption law. Our attorneys have extensive experience advising clients on cross-border adoption, custody disputes, guardianship, and the legal complexities of intercountry family matters. With a deep understanding of both Korean legal procedures and international treaty obligations and laws, IPG Legal is uniquely positioned to guide adoptive parents, adoptees, and biological families through Korea’s evolving adoption landscape.

For further information or legal assistance, please contact IPG Legal to speak with a member of our family law team.

by Sean Hayes