Legal Resources

Global Overseas Adoptees' Link signed a Memorandum of Understanding with Kim & Chang on November 18, 2013 for pro bono services.

General questions may be submited to G.O.A.'L to be evaluated by Kim & Chang. We will post relevant questions and answers.

Please note, the information provided below is only for your reference. You will need to obtain your own attorney or consult the Court if you wish to proceed with any legal action.

Please submit questions to legal@goal.or.kr

 

FAQ:

Q: I located my birth family and would like the relationship to be restored in the family registry, is this possible?  What if my father or mother do not consent to restoring the relationship?

A: Yes, it is possible by petitioning the Family Court.  The court will request consent directly from the father.  If the father does not consent, you may petition the court to restore the relationship in the family registry system via a law suit. This is only possible if you have located your birth family.

 

Q: According to the Special Adoption Law -- I feel I should be able to obtain my birth parent(s) information according to Article 36.3, because my parents are deceased, is this true?

A: According to the Special Adoption Law, Article 36.3, information may be disclosed if a special reason such as a medical problem, etc. requires so though the birth parents are not able to express their consent because of their being deceased or for other reasons. Since this is the Republic of Korea, the text in the Korean language prevails.  The law states both conditions must exist.  The information cannot be released just because the fact the birth parents are deceased.

 

Q: I recently recovered my Korean citizenship and would like to change my birthdate here in Korea because the birthdate assigned to me by my adoption agency in Korea is not correct, is it possible to change it?

A: Yes, it is possible to change your birthdate by petitioning the Court.  You will need to file a petition with the court in order to have the records changed to reflect your correct birthdate. You must submit supporting documentation or evidence to back up your true and correct birthdate (i.e. an affidavit from your birth parent stating your true and correct birthdate).  Additionally, the court will not change your birthdate just because the Korea adoption agency "made up" your birthdate. - Posted 2014-02-11