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) (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time) 

3. Apply to the Republic of Korea’s 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. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States 

7. Obtain U.S. Citizenship for Your Child

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider that has been authorized by the Government of the Republic of Korea 

The accredited agency or approved person you identify as the 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.

Only accredited agencies, approved persons, supervised providers, exempted providers, public domestic authorities, and public foreign authorities that have been authorized by the Government of the Republic of Korea may provide adoption services in intercountry adoption cases.

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 (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)

In order to adopt a child from the Republic of Korea, you will need to meet the requirements of the Government of the Republic of Korea and U.S. immigration law.

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. Please see the USCIS website for more information about filing options. If you have already identified the child you wish to adopt, you may alternatively 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 USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations. 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 who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted (unless a public domestic or public foreign authority). The home study must comply with the requirements in 8 CFR 204.311 and USCIS policy. 

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 adoption authority of the Republic of Korea to be found eligible to adopt by the Republic of Korea.

You and your U.S. adoption service provider must work with an approved Korean adoption agency 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, sex, 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 Adoption Authority: 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 Court: The Republic of Korea Family Court grants the final adoption to the prospective adoptive parents who must be 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. 

As noted above, any agency or person providing an adoption service on behalf of prospective adoptive parents in any non-Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider.

Adoption service means any one of the following six services, 22 CFR 96.2 Definitions:

  • 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.

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. 

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.

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-600A and the form I-600 (if filed domestically) (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 a limited 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 U.S. Embassy Seoul. Please see the USCIS website for more information about filing options.

When a Form I-600 petition is adjudicated by USCIS in the United States, 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.

When a Form I-600 petition is filed with the U.S. Embassy’s consular section, the consular officer must complete the Form I-604, Determination on Child for Adoption, 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 one to two weeks to complete, depending upon the circumstances of your case. Consular officers appreciate that families are eager to bring their adopted child home as quickly as possible. 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. Consular 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. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States

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, there are a few more steps to take before your child can enter the United States.

Your child will need an immigrant visa if you intend to reside in the United States with your child. If instead you intend to continue residing overseas with your child but still seek naturalization of your child by application (Form N-600K), you will not need an immigrant visa, but you may need a different type of visa to complete the process. Please discuss this with the consular officer handling your case and consult the USCIS website for more information.

You need to obtain three documents before you secure a visa so your child can travel to the United States:

Birth Certificate

You may need to obtain a new or updated birth certificate for your child.

If you have finalized the adoption in the Republic of Korea, you may need to apply for a new birth certificate for your child with your name on it.

You can obtain a birth certificate for your child in person with your and your child’s ID at an issuing office (Si, Gu, Eup or Myeon).

The 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 will then need to apply for a U.S. immigrant visa for your child from U.S. Embassy Seoul if you intend to bring your child to reside in the United States with you. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. Please contact U.S. Embassy Seoul by email at SeoulIVAdoption@state.gov to schedule your child’s immigrant visa appointment. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child. Read more about the Medical Examination.

You must complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC) after receiving a letter from the National Visa Center (NVC) confirming receipt of the approved Form I-600 petition and assignment of a case number and an invoice ID number. 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 if you have questions about completing the online DS-260 form.

Upon receipt of the case at post, the Consular Section generally notifies the petitioner. 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 U.S. Embassy Seoul before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.

If you will reside outside the United States with your child, you should contact the adoption authority or competent authority where you reside for additional information about how to bring your child to that country.

7. Obtain U.S. Citizenship for Your Child

If you obtain an immigrant visa for your child, USCIS will mail your child either a permanent resident card (green card), or a Certificate of Citizenship, after your child enters the United States. If you plan to reside outside the United States with your child (and, therefore, may not benefit from an immigrant visa for your child), please see the relevant section below.

For adoptions finalized abroad before the child’s admission into the United States: A child who was adopted abroad and has satisfied Immigration and Nationality Act (INA) 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements, who is 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 after admission if the child is under the age of 18 when these conditions are met.

Depending on the visa your child receives, their age, and the other INA 320 requirements, you may not need to take any additional action for your child to acquire U.S. citizenship. However, if your child does not meet the requirements of INA 320 at the time of admission into the United States, you may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS website.

For adoptions not finalized until after the child’s admission to the United States:  

If the adoption is not finalized before the child is admitted to the United States, the child’s adoptive parent(s) must complete the adoption (or re-adoption or obtain judicial recognition of the foreign adoption) in the United States before the child turns 18 for the child to automatically acquire U.S. citizenship (if the child otherwise meets the requirements of INA 320). You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS Fact Sheet: Securing U.S. Citizenship for Your Child.

If you reside outside the United States with your child, you may file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 with USCIS to obtain a Certificate of Citizenship for your child if your child satisfies the requirements of INA 322. Note: If you are a military service member or U.S. government employee who chooses to seek an immigrant visa for your child versus completing the Form N-600K process, you may need to use Form N-600 to apply for a Certificate of Citizenship. Please note, however, that USCIS cannot mail Certificates of Citizenship abroad for children who acquire citizenship under INA 320. 

Read more about INA 320 and 322 in the USCIS Policy Manual and USCIS website U.S. Citizenship for an Adopted Child.