Let's Talk the New Korean Adoption Law

It's been an interesting couple of weeks on the adoption front.  I shared a while back that in August 2012, South Korea put into place a new adoption law.  However, at that time no one could really tell us exactly what that entailed.  Seems it was written by the government and then passed onto the new family court to implement...they've actually known this was coming and supposedly working on it since last January (2012)...haha that's a joke.  In August when the law actually took effect, we were given the indication that most of the law related to the domestic adoption process and there would probably just be minor changes to the international process.  I think also, we all just assumed they'd be ready to roll with any new processes or requirements as of January 2013...so not the case!

Okay so long story short, two weeks ago the family court finally released proposed changes that we've since learned about from our agency. It seems the family court would like to see the international cases work the same as the domestic cases, so that'll mean we're up against some tuff new changes to our journey to bring our little guy home.  These are not set in stone yet and the information I present here is a compilation of details I've heard from our agency as well as from other mothers who are with other US agencies.

1. As of August 2012 mothers must now wait 7 days after giving birth to sign a relinquishment form.  Therefore, the family court would like to go back at minimum to all of the birth mothers of children born prior to this date to speak with the mother. The family court will ask the birth mother if she indeed wishes to relinquish or if she so chooses, take her child back. 

(Now understand that we've known all along that the birth mother can take her child back at any time during this process up until we're on the plane.  However, this seemed to be a far reach up until now when they'll be searched out and given the opportunity to relive their decision as well as extended a"do over."  I feel for her having to make this decision twice and for the time end energy it's going to take to find birth mothers who often times do not wish to be found.  If  she so chooses to parent her child, I hope she has the support system in place to provide for a positive upbringing for her child.  And YES, I would be devastated if this means loosing Benjamin but know what is best has been chosen for him by his birth mother. )

2. The court would like adoptive families to appear in court.

3. The court system requires a 14 day hold period before an approval can be given for the child to be placed with the adoptive family.  Therefore, this will entail either a longer stay in South Korea (3-4 weeks) or having to make two trips.

None of these have been written as final requirements yet, but as I can only image they're 99% there.  I was so glad to hear the Korean adoption agencies had all joined together and requested a meeting with the family court to discuss the many excessive demands these new requirements would impose on adoptive families as well as others involved in the process including birth mothers and children. This meeting was scheduled for last week but had to be postponed indefinitely. Ho hum : (

In the meantime, agencies have asked families to share letters about how the #3 item (extended travel/multiple trips) would impact/burden our families. Our letter had to be under 350 words, not mention "our child" or any agencies, and share how we feel about adopting from Korea in a positive way.  Wow, this really puts you in a corner and so sad that it does not allow us to address #1 or #2.  But in the end I guess I'll take what I can get and wrote a letter in honor of our little guy. I do hope the Korean adoption agencies get the opportunity to meet with the court and share our letters and their concerns.  I hope the family court has some compassion, open mindedness, and clarity if they take advantage of the opportunity to meet with the true experts, the Korean adoption agencies.

Right now I feel no closer to picking up our little guy than we were on May 9, 2012 when we received his referral.  We are in a waiting game to see how the first families move through this process in April....April!!!  It is so sad to think that no one has travelled this year and that these first few families are still clean up from November/December 2010 referrals...this is just crazy!  I pray that these first cases give some much needed perspective and that subsequent cases are submitted quickly there after.  Let's just get this show on the road and Benjamin home yet in 2013 : )