Attorney Kim Sunhugh shares insights into the birth search process, Part 2

3. The Meaning of Being Told Birth Parents Cannot Be Found

Many adoptees are likely told by adoption agencies or the NCRC that attempts to locate their birth parents have failed. This was the case for adoptees I’ve met. However, they were not provided with adequate explanations about why their birth parents could not be found or what that means.

According to statistics released by the Ministry of Health and Welfare, the success rate of determining the current whereabouts of birth parents is less than 50%. For example, out of the total of 2,717 information disclosure requests in 2023, the current address of birth parents was successfully identified in only 1,208 cases.

The primary reason for failing to locate birth parents is reportedly due to insufficient information about them in the adoption records. However, adoption agencies and the NCRC do not provide detailed explanations about the process they undertake to identify and locate birth parents, nor do they specify what means they use and why they were unable to locate them despite these efforts. As a result, overseas adoptees are left with only a vague result that their birth parents could not be found due to lack of information, making it difficult for them to know what more they can or should do, leading to frustration.

There are undoubtedly many cases where information about birth parents in past adoption records is inaccurate or insufficient. The adoption agencies’ practices in the 1950s–1980s had numerous problems. It is presumed that manipulation and illegality were rampant, and this is gradually being revealed as fact. 

However, even with the limited information available in adoption records, it appears that the government is not making sufficient efforts to locate birth parents when there is a possibility of finding them. The lack of proper legal provisions specifying the means and procedures the state should use to locate birth parents’ whereabouts is leading to passive practices.

If the parents’ resident registration numbers or detailed past addresses are not available in the adoption records, then reportedly, no inquiries are made through the administrative computer network, and no requests for cooperation are sent to local governments. In other words, in many cases, birth parents are reported as untraceable without taking any proactive measures to find them based on the available information.

What should adoptees do?

Adoptees should first request that adoption agencies or the NCRC explain why their birth parents’ whereabouts could not be confirmed, what level of information remains in the adoption records, and what measures the NCRC took to locate the birth parents based on that information.

However, I believe that, ultimately, systemic changes are needed. The passive measures currently taken by the state are insufficient, and the government should be required to make all reasonable efforts to find adoptees’ parents. In fact, I believe that if the police wanted to, they have the computer systems and intelligence to find birth parents or siblings even with the limited information remaining in adoption records. The extent to which police can search for and use information to locate the birth parents of international adoptees, and what efforts the police are required to make lacks a clear legal basis. Therefore, unless the police are legally obligated to do so, it is very unusual for them to actively and voluntarily search for families. Occasionally, there are heartwarming stories of police officers who empathize with the plight of overseas adoptees who struggle to find their families, and these officers voluntarily make efforts to locate the families, personally visit them, and ask if they would like to meet the adoptee. However, the right to search for one’s roots should be systematically guaranteed, not reliant on someone’s possible goodwill.

4. DNA Testing to Find Missing Family Members

When the whereabouts of birth parents cannot be confirmed, the last resort is to register one’s DNA in a database for finding families of missing persons. Originally, if an adoptee's adoption record contained any information about their birth parents, the adoptee was not considered an “unrelated child” and, therefore, could not take a DNA test. However, in August of this year, the practice changed to allow adoptees to take a DNA test even if their adoption record contained birth parent information, but this information was insufficient to locate them. It is possible to undergo testing by submitting a certificate confirming the adoption from the adoption agency or a notification from the NCRC stating that the birth parents could not be found due to insufficient information to the police. Furthermore, starting this year, a legal amendment allows DNA registration not only to find birth parents but also siblings, so there is a possibility of DNA matching with siblings even if the birth parents have passed away.

However, this missing child database matching is fundamentally only effective if the birth parents or siblings have registered their DNA in the database after losing their child or failing to find the adoptee through an adoption agency. Since it requires the parents or siblings to actively seek out the adoptee and be aware of and register with this database, the probability of matching cannot be considered very high. Nevertheless, adoptees may proceed with registration in case their parents or siblings search for them later.

5. Hoping for Change

Based on what I’ve encountered thus far while working on adoptees’ cases, several points are clear. 

There is a desperate need for systemic improvements. Laws that block adoptees' right to know should be changed, and new laws should be created where current laws fall short of ensuring adoptees' right to know. The passive interpretation of laws by officials must also change, both in interpretation and practice. Rather than relying on the goodwill of a few people, we need to create an environment where adoptees can confidently demand solid legal rights from the system. In the process, if there were wrongdoings in the past, how to uncover them and hold those responsible accountable is something that Korea must do.

Unfortunately, my message paints a discouraging reality for adoptees who want to visit Korea or request information disclosure from Korean adoption agencies and the government. However, the changes and voices coming from those in the receiving countries will have an impact on Korea as well. In Korea, a few small lawsuits have begun, and coverage and books dealing with overseas adoption issues continue to be published. Although very few in number, some legal experts recognize the importance of overseas adoptees’ issues and seek legal solutions. 

To those who have already waited for a long time, I conclude this message with the hope that the Republic of Korea will implement changes to atone for its mistakes before it is too late.