Acquisition of U.S. Citizenship by Children Adopted Under the Civil Act in the Republic of Korea

Abstract

The Republic of Korea, as a former Confucian society once known as the Hermit Kingdom, continues to adjust in the face of emerging social justice con cerns. At the intersection of multiculturalism and social justice stands the issue of adoption, especially adoptions by multicultural families residing in Korea. This paper clarifies a unique aspect of Korean adoption law whereby non-Korean citizens who reside inside of Korea may, in limited cases, adopt un der the domestic, civil law and not under the Special Adoption Act. We also de scribe an aspect of Private International Law whereby international adoptions in Korea are governed by the law of the adoptive parent’s home country. We also explain the process by which a child, adopted through the private adoption process, may obtain U.S. Citizenship even without moving permanently to the United States, thus shedding light on an obscure area of immigration law, but one of particular interest to adoptive expats who may never intend to return to or reside in the United States.