The Republic of Korea (South Korea) is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, now also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every Convention or non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved, or be a supervised or exempted provider. See additional guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the U.S. Citizenship and Immigration Services (USCIS) website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014.

Republic of Korea’s law requires the use of an adoption agency for the intercountry adoption of all Korean orphans, and requires that such agencies are authorized by the Ministry for Health and Welfare. Please see the list of adoption agencies approved by the Republic of Korea in the "Contact Information" section of this website. More information is provided on each individual website regarding their counterpart agencies in the United States.

In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from the Republic of Korea must meet the following requirements:

• Minimum Residency:  Please note in order to complete a final adoption in the Republic of Korea it is necessary for prospective adoptive parents to be present in Korea at the time of adoption.
• Age of Adopting Parents:  Prospective non-Korean adoptive parents must be between 25 and 44 years old. Some considerations in waiving the age requirements exist if at least one prospective adoptive parent was an adoptee himself/herself or is a Korean-American or the prospective adoptive parents have previously adopted a Korean child.
• Marriage:  Korean Adoption Services often consider marital status as part of the totality of the PAP's home study.
• Minimum Income:  The prospective adoptive parents must have an income higher than the U.S. Federal Poverty Guidelines  and be financially able to support the adoptive child.
• Other requirements:CRIMINAL RECORD OR DEPENDENCE ON CONTROLLED SUBSTANCE: The prospective adoptive parents must not have any conviction records concerning an offense against a minor, child abuse and neglect, domestic violence, sexual assault, narcotics or other related offenses, and must not have any substance related disorders and/or dependence.

Please Note: In addition to eligibility requirements listed above, the prospective adoptive parents must comply with additional requirements (i.e., home visits, mandatory pre-adoption education,) before being matched with a child. The adoption service provider will notify the prospective adoptive parents when they have been matched with a child in Korea and can finalize the intercountry adoption procedures in Korea.

Under the INA 101(b)(1)(F), a child can be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents, or in the case where there is a sole or surviving parent who is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.

In addition to qualifying as an orphan under U.S. immigration law, the child must also meet the following requirements of the Republic of Korea:

• Eligibility for adoption:

There is currently a 5-month wait period before a child is eligible for intercountry adoption to ensure that the child cannot be placed through domestic adoption.

The Republic of Korea has specific requirements that a child must meet in order to be eligible for intercountry adoption under the "Special Law on Adoption" (effectuated in Aug. 2012). You cannot adopt a child in the Republic of Korea unless he or she meets the requirements outlined below.

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to immigrate him or her to the United States. Find out more about Who Can Be Adopted and these U.S. requirements.

• Age of Adoptive Child: Please note that for a child to meet the definition of an orphan under U.S. immigration law, a Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age requirements and immigrated or will immigrate as an orphan based on adoption by the same adoptive parent(s)).  Please see the USCIS website for special rules on filing dates for children aged 15-16 or siblings aged 17-18.

Caution:  Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption.  In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible.  In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).

Republic of Korea’s Adoption Authority

Ministry of Health and Welfare

The Process

The process for adopting a child from the Republic of Korea generally includes the following steps:

1.  Choose a U.S. Accredited or Approved Adoption Service Provider To Act as Your Primary Provider

2.  Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-600A)

3.  Apply to the Republic of Korea Authorities to Adopt, and to be Matched with a Child

4.  Adopt the Child in the Republic of Korea.

5.  Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan (Form I-600)

6.  Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home

1.  Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider

Before taking steps to adopt a child from the Republic of Korea, you should select a U.S. accredited or approved adoption service provider to be the primary provider in your case.  Your primary provider is responsible for:

• Ensuring that all six adoption services defined at 22 CFR 96.2 are provided consistent with applicable laws and regulations;
• Supervising and being responsible for any supervised providers, and otherwise complying with the requirements regarding the provision of adoption services using other providers. (see 22 CFR 96.14); and
• Developing and implementing a service plan in accordance with 22 CFR 96.44.

For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012. See additional guidance for limited situations when a primary provider may not be required. Learn more about Agency Accreditation.

2.  Apply to USCIS to be Found Suitable and Eligible to Adopt

In order to adopt a child from the Republic of Korea, you will need to meet the requirements of the Government and laws of the Republic of Korea and U.S. immigration law. U.S. adoption service providers must work with Korean adoption agencies approved by the Republic of Korea Government. Learn more about choosing the right adoption service provider here.

To meet U.S. immigration requirements, you may choose to file a Form I-600A, Application for Advance Processing of an Orphan Petition, with USCIS, to be found suitable and eligible to adopt. If you have already identified the child you wish to adopt, you may also choose to file the Form I-600 petition for the child and include all the required supporting documentation for the Form I-600A application (i.e. an approved home study) so USCIS can make a determination on your suitability and eligibility to adopt before reviewing the child’s eligibility as an orphan. Please see the USCIS website for more information about filing options. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and must comply with the requirements in 8 CFR 204.311.

3.  Apply to the Republic of Korea’s Authorities to Adopt, and be Matched with a Child

If you are found suitable and eligible to adopt under U.S. immigration law, the Republic of Korea requires you to submit an adoption application to the Republic of Korea. 

An approved Korean adoption agency must work with you and your U.S. adoption service provider to file an eligibility for adoption application with the adoption authority of the Republic of Korea.

The competent adoption authority or other authorized entity in the Republic of Korea will review your adoption dossier and, if an appropriate match is found, may provide you with a referral.  We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of, and provide a permanent home for a specific child.  You must also ultimately adhere to the USCIS’ suitability determination (i.e. typically the Form I-600A approval notice) with respect to the number of children you are approved to adopt and the characteristics of the child(ren) (such as age, gender, nationality, and/or special need, disability, and/or impairment) that you are approved to adopt.  Learn more about Health Considerations.

The child must be eligible to be adopted according to the Republic of Korea’s requirements, as described in the Who Can Be Adopted section.  The child must also meet the definition of an orphan under U.S. immigration law.

4.  Adopt the Child in the Republic of Korea

The process for finalizing the adoption in the Republic of Korea generally includes the following:

• Role of the Ministry of Health and Welfare: The Ministry of Health and Welfare authorizes adoption agencies and establishes the criteria for selecting adoptive parents. The Ministry of Health and Welfare will issue an emigration permit for the child before the case proceeds to the Family Court.
• Role of the Family Court: The Republic of Korea Family Court grants the final adoption to the prospective adoptive parents who are present in Korea.
• Role of Accredited or Approved Adoption Service Providers:  Prospective adoptive parents are required to work with a Korean adoption agency approved by the Republic of Korea Government – Adoptive parents can also contact U.S. adoption service providers affiliated with Korean adoption agencies for assistance.
  
  The Korean adoption agency facilitates the pre-adoption counseling, home study, child matching, application for child's intercountry adoption to the Korean Government, application for child's passport and visa, and helps adoptive parents with administrative procedures.  Approved Korean agencies are listed in the "Contact Information" section.

Adoption service means any one of the following six services:

• Identifying a child for adoption and arranging an adoption;
• Securing the necessary consent to termination of parental rights and to adoption;
• Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
• Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
• Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
• When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement. 22 CFR 96.2 Definitions.

Note: See additional guidance for limited situations when a primary provider may not be required. 

• Adoption Application:  The application for an intercountry adoption is filed with the Korean Government through a Korean adoption agency approved by the Republic of Korea.
• Time Frame: Intercountry adoptions in the Republic of Korea may take approximately one to four years to complete.
• Adoption Fees: In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process. The cost for intercountry adoptions from the Republic of Korea is approximately $20,000 USD. This includes child-care, legal processing fees, administrative fees, social worker payment and counseling fees, and post adoption service fee.

We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through their U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to U.S. law, or the law of the Republic of Korea, with your adoption service provider, and, when appropriate, through the Complaint Registry. Improper payments violate applicable law, or create the appearance of buying a child, and could put all future adoptions in the Republic of Korea at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business.  Further, the UAA and IAA make certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties. These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent authority, or to engage another person as an agent to take any such action.

In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process. Some of the fees specifically associated with adopting from the Republic of Korea include:

• Documents Required:
  • Most documents required by the Republic of Korea Government will be prepared by the Korean adoption agencies.
  • Other documents required include:
    • Home Study report
    • Copy of prospective adoptive parent(s) birth certificate(s)
    • Form I-797(Notice of Petition Approval)

Note:  Additional documents may be requested.

• Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. The U.S Department of State’s Authentications Office has information on the subject.

5.  Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan

After you finalize the adoption in the Republic of Korea, USCIS must determine if the child meets the definition of an orphan under U.S. immigration law in order for the child to immigrate to the United States.  You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on behalf of the child and unless an exception applies, you must identify a primary provider.

If you have a valid Form I-600A approval, you may file your Form I-600 petition in the United States with the USCIS National Benefits Center or at the U.S. Embassy in Seoul, Republic of Korea. Please see the USCIS website for more information about filing options.

In addition to Form I-600, either USCIS National Benefits Center or the U.S. Embassy must complete a Form I-604, Determination on Child for Adoption (sometimes informally referred to as an orphan determination), to verify the child’s orphan status. 

Conducting the Form I-604 determination is a critical part of the non-Convention adoption process.  It can take approximately 1-2 weeks to complete, depending upon the circumstances of your case. Some of the factors that may contribute to the length of the process include prevailing fraud patterns in the country of origin, civil unrest or security concerns that restrict travel to certain areas of the country, and the number of determinations performed by available staff. Adjudicating officers make every effort to conduct them as quickly and thoroughly as possible.  You are advised to keep your travel plans flexible while awaiting the results.

6.  Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home

Once your adoption is complete and the Form I-604 determination has been completed, finding that your child meets the legal definition of an orphan for immigration purposes, you need to apply for two documents before your child can travel to the United States:

Republic of Korea Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from The Republic of Korea.

The Republic of Korea Ministry of Foreign Affairs issues Republic of Korea passports. Information on applying for a Korean passport can be found at passport.go.kr. An approved Korean adoption agency may work with you to obtain a Republic of Korea passport for your child.  

U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600,you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Seoul. This immigrant visa allows your child to travel home with you. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child.

Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC). If you filed Form I-600 at the U.S. Embassy in Seoul, you will be given a case number and instructions to complete the DS-260. You should fill out the form in your child's name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. Print and bring the DS-260 confirmation page to the visa interview.  Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form.

Visa issuance after the final interview generally takes 24 hours.  It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with the U.S. Embassy in Seoul before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.

Child Citizenship Act

For adoptions finalized abroad prior to the child’s admission into the United States: An adopted child residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship automatically upon admission into the United States if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including that the child is under the age of eighteen.

Read more about the Child Citizenship Act of 2000.

Applying for Your U.S. Passport

U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print all in one place.

Obtaining a Visa to Travel to the Republic of Korea

In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Republic of Korea, see the Department of State’s Country Specific Information.

Staying Safe on Your Trip

Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides Country-Specific Information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip

When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in the Republic of Korea, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency. Whether there is a family emergency in the United States or a crisis in the Republic of Korea, enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

[Post-Adoption/Post-Placement Reporting Requirements]

The Government of the Republic of Korea requires at least six post-adoption reports during the year following completion of an intercountry adoption in Korea. A social worker from a partner agency in the United States will provide a report to the Korean agency on the status of the child. The reports require a minimum of three home visits.

Please note the following about the disclosure of adoption information:

Information about Korean adopted children provided in post-placement reports is recorded and stored in an Adoption Database system maintained by the National Center for the Rights of the Child. All adoptees may request information regarding their adoption from the National Center for the Rights of the Child or the relevant adoption agency. If a requesting adoptee is a minor (under the age of 19 under Korean law), then s/he must receive consent from her/his adoptive parents. We urge you to comply with Republic of Korea’s’s post-adoption/post-placement requirements in a timely manner. Your adoption service provider may be able to help you with this process. Your cooperation will contribute to Republic of Korea’s positive experiences with U.S. citizen adoptive parents.

Post-Adoption Resources

Many adoptive parents find it important to find support after the adoption.  There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoptions.

The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search.

COMPLAINTS

If you have concerns about your intercountry adoption process, we ask that you share this information with the Embassy in Seoul, South Korea, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-600/A process.

The Complaint Registry is an internet-based registry for filing complaints about U.S. accredited or approved adoption service providers. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry.

U.S. Embassy in South Korea
188 Sejong-daero, Jongno-gu
Seoul, Korea
Tel: 82-2-397-4114
Fax: 82-2-738-8845
Email: Support-korea@ustraveldocs.com
Internet: U.S. Embassy and Consulate in Korea 

South Korean Adoption Authority

National Center for the Rights of Child
6-7th Floor, G Tower, 71, Sambong-ro, Jongno-gu
Tel: 82-2-6283-0476~0477, 0482 (English), 0483 (French)
https://www.ncrc.or.kr

Ministry of Health and Welfare
Division of Child Welfare Policy 
7th, 13, Doum4-ro, Sejong-si
Tel: 82-44-202-3414
Fax: 82-44-202-3967
http://mohw.go.kr/eng 

Embassy of South Korea 
Consular Section
2450 Massachusetts Ave., NW
Washington, DC 20008
Tel: 202-939-5600
Internet: http://www.koreaemb.org

*South Korea also has consulates in Agana (Guam), Anchorage, Atlanta, Boston, Chicago, Dallas, Honolulu, Houston, Los Angeles, New York, San Francisco, and Seattle.

Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9^th Floor
Washington, D.C.  20522-1709
Tel:  1-888-407-4747
Email:  Adoption@state.gov
Internet:  adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)

For questions about filing a Form I-600A application or a Form I-600 petition with the

USCIS National Benefits Center (NBC):
Tel:  1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1-913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov

For general questions about immigration procedures:
USCIS Contact Center
Tel:  1-800-375-5283 (TTY 1-800-767-1833)
Internet:  uscis.gov