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There is an adoption case that has been making the news here in the Chicago area lately. A Korean-American couple (mom is Korean and dad is American) who were too old to adopt through an agency attempted to adopt a baby privately in South Korea after finding out about her from Korean relatives. When arriving in the US with the newborn it turns out that they didn't have a proper visa for her and the baby was flagged for potential deportation as she's considered an inadmissible alien. In the meantime Korean authorities in contact with US authorities determined that the private adoption had not been done properly and they want the baby returned to South Korea to be adopted by a South Korean family (they claim to have several families eager to adopt her).
The prospective adoptive parents claim that they thought they had done everything correctly but had been misled by a Korean lawyer. They say that they and their other daughter have bonded with the baby who is now seven months old and of course wants to keep her. The bio parents and grandparents, who also signed the adoption papers, do not want the baby back so either way she will grow up in an adoptive family. But should it be this one? Or would it be better for the girl to be returned to South Korea to grow up there in her own country and culture? I'm torn.
Because of the unique circumstances in this case, with the adoptive mother and older sister also being Korean, race isn't an issue and although the mother came to the US as a child the baby will still have some connection to Korean culture through extended family. There is no reason to believe that this family is not fit to raise the baby or that they love her. On the other hand they went about this adoption very foolishly and at best failed to do their homework. They attempted to bring the baby into the US on the Visa Waiver Program which is only intended for visitors staying less than three months. Using the Visa Waiver Program when your intentions are other than a short visit is considered immigration fraud and makes you inadmissible which is what happened in this case. The parents should have known better. There are also some questions about some cash "donations" given by the PAP's to various people in South Korea including the birth mother and the director of a mother-and-baby home, where the birth mom was staying, who assisted in the adoption.
According to the Koreans the couple bought the baby and attempted to circumvent South Korean law. They clearly feel that it's important to follow the law by the book which of course is important because of the risk of baby trafficking. But is it in the baby's best interest to be returned to South Korea and be adopted by another family? Or is this bigger than this one baby? What do you think?
Omigosh, how tough that has to be, it reminds me of a case of a Korean (?) couple some years ago who gave temporary (?) custody to a TN couple to raise their daughter on a temp. basis - not sure if anything was signed but the birthparents wanted their daughter back and the foster couple wanted to keep her - years went by and it dragged on and I think there were several rulings and eventually the little girl went back to her birth parents who were going back to Korea (w/ a younger daughter, I think) - the older girl was an American, didnt know the Korean language or customs - Im not sure how old she was when this happened, maybe 10(?) - later there was a followup and it showed she was adjusting - I cant remember if she had any contact w/ the foster parents (I'm pretty sure her bioparents were not in favor of it). Would love to hear another more recent followup. Not sure what was really in the best interests of the girl or what would be best for the little Korean baby - am kind of leaning to thinking she should stay here bc there were well-intentioned mistakes and it sounds like they're a good family - but it's just MO - one thing, though, she'll have a lot of people who will love her.
Giving cash to the mother makes this case seem really wrong -- the only problem is that the baby is 7 months and bonded to them, I don't think it's fair to punish the baby or the couple if the Korean lawyer messed up.
I understand the idea that it's just one baby, but law is about precedent. The parents really didn't go about bringing the baby into the country properly. They didn't secure an IR3 visa, which is what they needed. This would have to have been done in South Korea, at the time, at the consulate, by the parents. They tried to circumvent U.S. adoption law.
In some ways, yes, the baby is a pawn; on the other hand, whose fault is that? The parents were too old to go through the Korean system and did the adoption privately. Were they burned by a South Korean attorney, or did they try to cut corners themselves? I do not know the answer.
I understand the idea that it's just one baby, but law is about precedent. The parents really didn't go about bringing the baby into the country properly. They didn't secure an IR3 visa, which is what they needed. This would have to have been done in South Korea, at the time, at the consulate, by the parents. They tried to circumvent U.S. adoption law.
In some ways, yes, the baby is a pawn; on the other hand, whose fault is that? The parents were too old to go through the Korean system and did the adoption privately. Were they burned by a South Korean attorney, or did they try to cut corners themselves? I do not know the answer.
I have to agree with you. If the adoptive parents skirted the system, then they shouldn't be surprised when there are consequences. The baby is a pawn in all of this and it is sad for the child. I'm glad that they found a home for her in Korea.
I have to agree with you. If the adoptive parents skirted the system, then they shouldn't be surprised when there are consequences. The baby is a pawn in all of this and it is sad for the child. I'm glad that they found a home for her in Korea.
I would also agree. It makes me very uncomfortable when adopting parents refuse to go through the normal procedures that everyone else does in order to "obtain" a child. What are the attempting to circumvent?
Glad to here that the child is safe and has found a home.
looks to me this couple decided "It is better to ask for forgiveness than permission" Everybody got burned in the end. Don't tell me they didn't know what they were doing was wrong.
There was a similar case a few years ago in which an American family who had hosted children from Ukraine attempted to circumvent adoption regulations by simply disappearing with the kids when it was time for them to go back. They were discovered, and the children sent back - in tears, as they had been told that the host family was their forever family. Just dunderheaded behavior, which smacked of a great sense of entitlement by the host family. I wish I knew if those children ever did find a family...
To me, this also seems very self-indulgent and far from considering what is truly in the best interests of the child. As with the case of the Ukrainian children who were hosted, if this couple didn't qualify to adopt the child themselves, why not advocate for the child and attempt to find a loving family who would qualify and assist them, rather than stupidly trying to outwit not only one, but two governments?
looks to me this couple decided "It is better to ask for forgiveness than permission" Everybody got burned in the end. Don't tell me they didn't know what they were doing was wrong.
I won't because they did know what they were doing was was wrong. They just wanted to do it their own way.
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