헤이그국제아동입양협약과 그 비준을 위한 국내 법률의 개선에 관한 소고

Considering the fact that Korean children are still being sent abroad for adoption, it is worth considering whether international adoption is going well for the protection of children's rights. Korea signed The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption on May 24, 2013, but it has not yet ratified the Hague Convention. Above all, with the current situation of preparing to ratify the Hague Convention, it is essential to check international adoption procedures and see how the law should be improved in order to implement the Convention. The Hague Convention on the Adoption of Children presents international standards for the adoption of children between countries and is based on the strengthening of state responsibility in the adoption process. So far, the overall process of international adoption in Korea has been centered on private adoption agencies, and the responsibility of the nation has been relatively neglected. In order to improve this situation, it is necessary to enact laws related to international adoption and unify the scope of children subject to international adoption to protect children's rights and interests, which is currently divided into Act on Special Cases Concerning Adoption and Civil Act. It is also necessary to establish a national-centered system for the implementation of adoption procedures and designate central authority, competent authority and accredited body and divide their duties. In addition, we need to clarify the criteria of habitual residence.