2. Reason for the Proposal

The proposed Enforcement Decree of the Special Act on Intercountry Adoption (Law No. 19553; promulgated on July 18, 2023; effective from July 19, 2025) aims to provide the matters delegated by the Act and the matters necessary for its enforcement in order to promote the rights, interests and welfare of adoptees and adopting families by regulating the matters related to the requirements and procedures of international adoption in accordance with the “Convention on Protection and Cooperation in Respect of Children in Intercountry Adoption.”

3. Main Contents

a. Time Limit for Receiving, Confirming and Preparing the Child’s Adaptation Report (Article 2 and Article 4 of the Draft) 

1) It is necessary to provide the relevant procedures since Article 16 (1) of the Act requires the Minister of Health and Welfare to receive and review the Child Adaptation Report prepared by the adopting country within the period prescribed by the Presidential Decree, in the case of foreign adoption.

2) It is necessary to provide the relevant procedures since Article 24 (1) of the Act requires the Minister of Health and Welfare, in cooperation with the country of origin, to provide periodic counseling and necessary welfare services to the child for a period determined by the Presidential Decree and to prepare a report on the child's adaptation, in the case of domestic adoption.

3) The proposed Enforcement Decree provides that the child adaptation report must be received, reviewed and prepared within one year from the date on which the adoption is legally finalized.

b. Contents of the Post-Adoption Services for Adopted Children and Adoptive Families (Article 3 of the Draft) 

1) It is necessary to provide the relevant detail procedures as Article 16 (4) of the Act stipulates that the Minister of Health and Welfare may provide services for adopted children and adoptive families as prescribed by Presidential Decree.

2) The proposed Enforcement Decree provides such post-adoption service projects as the provision of support for information exchange and mutual cooperation among adoptive families, visits to the home country, mother tongue schooling, and operation of counseling programs for children adopted abroad or adoptive parents.

c. Conclusion of agreements with foreign countries (Article 5 of the Draft)

1) It is necessary to provide the relevant detailed procedures as bilateral or multilateral agreements may be concluded with signatory countries to the Convention or non-signatory countries on the matters prescribed by the Presidential Decree, as required for following the adoption processes pursuant to Article 31 of the Act 

2) The proposed Enforcement Decree provides that agreements may be concluded to determine matters concerning the method of consultation, matters necessary to enhance the authority of the central authorities, the method of sending and receiving reports, additional requirements or procedures for inter-country adoption, and the time limits and methods for preparing, sending, and receiving child adaptation reports.

d. Guidelines for entrusting tasks (Article 6 of the Draft) 

1) It is necessary to provide specific detailed guidelines necessary for entrustment by the Minister of Health and Welfare as Article 32 of the Act stipulates that the Minister may entrust some of his/her adoption-related duties to the Child Rights Protection Agency or social welfare corporations and organizations.

2) The proposed Enforcement Decree specifies the facility and personnel standards of the social welfare corporations and organizations to which the Minister may entrust some of his/her duties.

e. Provision of statutory grounds for processing sensitive information and personal identification information (Article 7 of the Draft)

The proposed Enforcement Decree provides that the Minister of Health and Welfare, the head of the Children's Rights Protection Agency, the head of a municipal government, and any organization that has been delegated or entrusted with such duties may process data including information concerning health, criminal history, social security number (resident registration code), etc. in order to perform their duties.