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

Part Name
Articles
Title
Acquisition of U.S. Citizenship by Children Adopted Under the Civil Act in the Republic of Korea
Author(s)
David Lee Mundy
Publication Year
30-Nov-2020
Citation
Vol. 10 Issue. 2 Page. 247-293, 2020
Publisher
한국법제연구원
Keyword
Korea; Adoption; Overseas adoption; International adoption; Multicultural families; Single mothers; Adoption by non-Korean citizen; U.S. Naturalization; U.S. Citizenship
URI
http://www.klri.re.kr:9090/handle/2017.oak/9796
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.
Table Of Contents
Ⅰ. Introduction Ⅱ. General Overview of the Korean Adoption System A. International Adoption Definition & Private International Law B. Private Adoption (민법상 입양) C. Adoption through the Special Adoption Act (요보호아동입양) Ⅲ. Naturalization of Korean Children Adopted by U.S. Citizens in Korea A. Adopted Child Becoming a U.S. Citizen B. The Path to Citizenship Ⅳ. Conclusion
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