Tuesday, November 13, 2012

The EP Situation - My Korea Trip Report

I just came back from Korea after ten days visit.  The main purpose of the visit was to participate in the MPAK Board of Directors meeting, attend the general assembly meeting for MPAK, and the 12th MPAK National Conference to Promote Domestic Adoption in Korea.  I will feature this on another blog with pictures. 
But for now, the most important thing for the readers is the current happenings with the EP situation with the remaining 10% of the children that need to be cleared to meet this year’s quota. 
According to the two independent sources that I talked with, the situation is not good as there is a possibility that these children may not be cleared to leave by the end of the year.  There is a remote chance that a few children may be cleared for EP and given approval by the Family Court, but they are not hopeful that all the 10% remaining children will be able to leave by the end of the year.  Even if all of them were given EP clearances, it will still take at least a couple of months for the Family Court to approve them.  I am so sorry to relay this information to all the waiting families, and I hope I am wrong.
So far, since August 5th when the new adoption law was passed, there have not been new EPs issued by the Ministry of Health and Welfare (MOHW) for intercountry adoption yet.  There have been some EPs that were cleared after August 5th, but these were for those cases that were submitted under the old law.  In addition, there have been some travel clearances given to some families – even well into November, but their EPs were cleared under the old law.  While in Korea, I met the Dolan family that came out to pick their son up to go home, and they were cleared under the old law.
As for the domestic adoption, just a handful has been approved by the Family Court under the new law.  I heard that the Family Court in Daegu has processed the domestic cases a lot quicker than the lawyers in Seoul.  So I am thinking that, depending who is handling the paper works, the process could be faster or slower.
There are primarily two reasons why the delays are happening.  First, the Family Court, where all the final adoption approval is handled, are being run by the lawyers that are not familiar with adoption.  They are examining lots of paper works in great detail.  They have sometimes contacted birthmothers to verify whether they have truly relinquished their children or not, thus adding to the delay.  In reality, the lawyers do not need to do this as the agencies have already cleared the relinquishment issues with birthmothers.  So I asked whether the court is planning to contact every single one of the birthmothers, and was told that not all of them will be contacted, but make the determination to contact them based on the information given to them. 
The second reason for the delays is with the Ministry of Health and Welfare (MOHW), where they have not cleared new EPs for intercountry adoption since August.  The sources have indicated that because MOHW needs to submit the cases to the Family Court for the final approval, they are making a great effort to complete the documentation before submitting to the court for approval.  There is a talk that MOHW will hire some people well versed in English to understand certain aspects of the documents.  Also there has been some push back by the Family Court to MOHW with some incomplete documentation related to some domestic cases, and the MOHW considers this an embarrassment and is trying to be thorough before submitting the paper works to the Family Court. 
So the waiting game continues…and so sorry that I couldn’t bring you better news.  But the sources I have talked with said that once they (both the MOHW and the Court) figure out all the uncertainties associated with the application of the new law, they will establish a rhythm of process, which will speed up the approval process.  I hope this will come soon, for the sake of all the waiting children and their families.

62 comments:

  1. And they don't think it's an embarrassment that it's been over two months since they changed the law (and who knows how many months/years they have KNOWN about the upcoming change to the law) and they still don't have a proper process?

    Have they no consideration for the families who have done everything by the book and more, so we can bring our babies home? We've done everything they've asked us to do, more forms, more money more time! They ask us for more documentation, we get it to them as soon as possible - to a point where these documents become a full time job. Half the time their requests are unclear so it takes another week or two to get clarification.

    They are not prepared to implement a new law. They should be embarrassed about that!

    I'm so sorry to vent like this here, Steve. I appreciate all that you do for the kids and the families. I'm so livid right now.

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    1. I feel the same way as the comment below :-( - it can not be true, my whole world is falling down - and we do not know anything at all.....

      I`am very concerned about what they will do if they gets in contackt with a birthmother and she says that se is concrets the adoption?? Will it means that they can "take back" our children, that we have waiting for in so many years??? I have not the gods to think about it -

      Is their anyone at all (in korea) who think about, that there are some living people (us waiting parents) who is going througt hell?? I thougt that when we have "acceptet" our child, they also in Korea could understand that it also is for the childrens best, that they come home as soon as posilble. Sorry I cant help it -

      I am in chock :-(

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  2. From what I understand, the remaining 10% have had their EPs submitted, but not approved, correct? And if I am right, when these cases are approved and these children are able to travel (most likely in 2013) will their EPs count as 2012 EPs or will they be eating into the 2013 EP quota? Thanks!

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    1. I was told were are SLATED for a 2012 EP, but it hasn't been submitted. Why not? Because they keep coming back to us asking for more documentation!

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    2. It will be counted as 2012 EPs and these won't be a part of the 2013 EPs.

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  3. Did you receive any indication that the delay on the travel side would impact the number of children that are being referred by the agencies?

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    1. I don't think so. I believe the referrals are in keeping with the number of quota for the year.

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    2. I think agencies are being conservative and not referring many children right now at all.

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  4. Do you think that this delay in 2012 will impact the submission of new cases in 2013?

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    1. It is possible, but once the rhythm is established it should move quicker. Let's hope that will come soon.

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  5. If the MOHW approves the remaining EPs, but the family courts have not - does that still mean it's a 2012 EP? I would hate for ANOTHER setback to create a backlog on top of a backlog.

    I know there are people advocating for these kids - what about the families? I know for myself, we've put our lives on hold for over a year now in preparation to bring our baby (now soon to be a toddler) home. Is there anyone advocating for the families?

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    1. Yes it will be a part of 2012 EPs, not part of 2013 EPs.

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  6. It is very disheartening to say the least. Steve, why is it that this process literally just started as soon as the law was implemented? Why weren't procedures being done prior to this? I know these are 'if and buts' and it doesn't matter now, but the families, the kids and foster families are all paying the price for these delays. It is so sad. Months it takes the courts to approve? Why? What paperwork is missing from MOHW? Why don't courts tell MOHW what is required? So frustrating all around.

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  7. Have the MOHW ever talk to families who adopt from Korea? If not, they should! So they can see, we are people. We are people who love our children (adopted and/or biological). With every hiccup they add to the process, is a heart ache for us.

    Steve, the next time you are meeting with the MOHW, will you be able to invite a family or two to give a testimonial of our experience? Of course you can "interview" them to make sure the meeting will be productive and the parent would have to pay their own way. But, I think they need to start to hear some of our voices - not just through you (as thankful as I am for what you do for us). or maybe even a video of our pleas?

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  8. Have any children's EPs been submitted under the new law. It's my understanding that none have & this may or may not happen before the end of the year. So if not all of the remaining 10% is submitted before 2013, how does that not push families into the 2013 quota that would have been part of the 10%?

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    1. As Steve mentioned, none have and also that the 2012 EPs will go under 2012 and not 2013.

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    2. No, my question is, have any children's EPs been submitted, which is different from approved. So have any been submitted under the new law? How will the 10% be counted under the 2012 quota if the submissions/initiation of the EP paperwork process is not made to the Ministry in 2012?

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    3. To my knowledge, only one or two has have been submitted. The MOHW contacts each agencies to submit the set number of EP applications, at which the agencies comply. For the most part, the agencies have not been contacted by MOHW yet. So the bottleneck is with MOHW, not the agencies.

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  9. My husband and I are both Korean Americans who would like to adopt from Korea. However, we cannot start the process until early 2014. Is the program even going to be around then? My gut tells me no :(....

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    1. Oh wow. I haven't heard that before. Have you tried another agency?

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    2. I believe that all of these changes are to assist Korea to become a Hague signatory. That would ensure that the program remains open and that domestic adoption is the priority. Children would only be available for international adoption if there were no Korean families available in Korea. By signing onto the Hague, it allows Korea to show that they follow an internationally agreed-upon standard of process. Fingers crossed that once they work all of this out that it will become the reliable predictable program it once was...with a few more hoops to jump through to ensure they are following the Hague requirements.

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    3. I think the main reason is that the agencies in the past have accepted, processed, and assigned many children way ahead of children's schedule to leave Korea, thus so much angst among the waiting families. Korea is trying now not to accept applications too soon so that the families will not have to wait so long.

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  10. I have heard that Korea may be planning to require two trips to Korea. Is this so and would it apply to people who accepted referrals prior to the August 1 deadline?

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    1. This is not true. I believe the parents will be required just one trip.

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  11. We are 1 out of 3 families from Dillon International whose EP was submitted in mid October, so there are some EPs out there waiting for approval. It has almost been a month, so we are anxiously awaiting news that we are moving to court. We hope and pray that we will have our daughter by year end, but it seems less likely with each passing day. But God is good all the time and He has a plan! I trust in Him!

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  12. Steve, we are on the cusp of a referral (we are next in line for our agency). This is our second adoption from Korea, but reading all the news is making me very nervous to accept a referral. What would you recommend? We are a little panicked over here.

    My heart sincerely goes out to all of those who are waiting for their children and for each child that is waiting.

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    1. We are also supposed to be getting close to a referral. The delays last summer and this fall have really brought clarity for us. We are looking into domestic adoption.

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    2. I woudln't panic. If you are getting a referral, that means most of your screening is done and a child will be assigned soon. As long as this is the case, you will be OK. It's just that waiting for the child can be very difficult.

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  13. I think what's frustrating about this process is there are too many unknowns, too many changes--which makes for an extreme inability to plan. What do we tell our family? What do we tell our children already home? What do we tell our jobs? I know it is in a stage of transition, and I'm hoping once they have everything ironed out (hopefully soon) there can be predictable timelines; but, they have to understand how this impacts numerous facets of life (not to mention the foster families and children waiting!).

    I know Korea is trying to increase domestic adoption and decrease international adoption. I think they are succeeding in decreasing international adoption; but, what they will soon see is a tremendous increase in older children remaining in Korea orphanages. How is this a solution for these children?

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    1. I agree with you and the person who suggested the MOHW meet some of the families who are adopting/have adopted. They should see first hand how the process affects everyone involved (waiting families, foster families and the children).

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    2. Apparently the sad news is that they (the powers that be in Korea) don't look at it from children's eyes, only on papers on what they were able to accomplish in two years they were assigned the job. They are clueless and heartless.

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  14. And, what I still don't understand: Why limit the number of EP's when the number referred/accepted by foreigners is more? I don't understand how this helps, at all. Is the number of EP's set by Korea alone, or area there inter-country immigration laws that forbid them from increasing it? Maybe I'm missing something.

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    1. The EP quota is set by the Korean government. The Korean adoption agencies had been referring children when they had families available regardless of the EP quota. This caused a significant miss-match of number of children ready for EP vs. EPs actually available to be issued. Adding the new court process on top of this makes for a highly unpredictable and dysfunctional process.

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  15. Breaks my heart to hear people say they don't want to adopt from Korea anymore because of the new process. We cannot forget that these are children. Waiting. Waiting for families. We can't forget that they still need us no matter how long the wait. They are so worth the wait.

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    1. I think they will wait. It's just that this has caused a lot of frustrations and they are just expressing their disappointment. I don't think they will give up, and I hope they won't.

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  16. I as a family am waiting for my grandson to be home with his family. I pray for all the families waiting and I also pray for the officials that are working diligently to process the paperwork so that these wonderful children can go to their homes. I also pray that these officials will feel the need to work harder as these children are such precious gifts from God and need their families.

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  17. I'm a Canadian living in Korea and hope to someday have a family. I haven't a clue where to start because all the information available is for Americans. Could someone point me to where I might begin a domestic Korean adoption? Although I am Canadian, Korea is my residence. I cannot get a homestudy or attend the adoption workshops (set in Canada) that are required of me if I go through a Canadian adoption agency because I don't live in Canada. Of course, I would happily do the homestudy programs and such here in Korea.

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    1. Please send me your information through my email at mpakusa@gmail.com. I have a friend who adopted recently in Korea as a US personnel living in Korea. I will get you connected with her.

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    2. We're from Ireland and keep getting told we CANNOT adopt while living here in Korea - but according to the government office we most definitely can under Article 18.

      It won't be easy but keep asking, asking and asking. If you have the time possibly volunteer at a local orphanage to you so you can get to know the staff and the children - they may be able to help you in the process too.

      Have a look at http://sws.or.kr/english/sub02.php and http://adoption.eastern.or.kr/eastern/main/view.jsp?c_no=002001001001

      There are others too but there seems to be a real emphasis on domestic adoption by Korean citizens ONLY... but if a child has been with them for 6 months without being adopted you should push (in a nice way) them to consider you as an option!

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  18. Thank you so much Steve for all your time and work. I was wondering if in one of your future blogs you can address if there will still be an expedited adoption process for families of Korean heritage (international adoption). I am of Korean heritage and already have one adopted child from Korea. With all the changes in the international adoption laws, I was wondering if the law from 2011 that promoted international adoption for those of Korean heritage still stood. I very much advocate for my Korean friends who are experiencing infertility issues to consider international Korean adoption. It would be wonderful to have some information about this specific topic.

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  19. There is EP movement! Some were submitted in November, but are finding out now. Also, there was another small batch in December. MOHW wants smaller batches, so I'm wondering if this is how the 2012 EPs will get submitted. Slowly, but surely.

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  20. Steve, any word on if any EPs will be approved before yar end? It has been 9 weeks since our EP was submitted.

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    1. I have heard from a couple of families that their EPs have been issued and they are forwarded to the Family Court. So I am hoping in a couple of months these families will get the travel calls.

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    2. I hope you are kidding.... Couple of months after EP approved?? Why so long time??

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    3. Yes, the reason is that now the paperwork goes to the Family Court (as this is the new process after the new adoption laws). The lawyers in the family court are still learning the ropes and will take some time.

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    4. I understand that, but a couple of months with only 5-10 cases to look in too and approve.. They know they are handling with people here and not only casenumbers? Maybe start to think about the children, fosterfamilies and the new family?

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    5. I understand there are learning curves, but for them to take this long and to STILL ask for additional documents AFTER EP was approved by the MOHW, tells me there is something seriously wrong with the process or the people handling the paperwork. The parents reviewed the documents, the US agency reviewed the documents, the agency in Korea reviewed the documents, MOHW has reviewed the documents. And now, they want to change it up and request additional documents of what they ALREADY have is absolutely ridiculous! We just got word the family court is now asking for certified birth and marriage certificates. And if the family has adopted from Korea before, they now want copies of the COC for that child. Because a US passport isn't enough? Because the four copies of certificates aren't enough? What is wrong with this picture? And what happens if the families cannot produce these documents for a while? Do the kids stay in Korea until the paperwork is produced? Is anyone thinking over there? or are they just making foolish request to throw their weight around?

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  21. Korea will surely capture your imagination with plenty of Buddhist monasteries and temples, palaces, exquisite statues, which have ancient and rich history. Seoul is perhaps the main place for tourists, with its National Museum, the Institute of Korean classical music named Sejong Cultural Center, Hoam Center for the Arts, Namsan Tower, and Korea House, etc.

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  22. Steve, what do you forsee for 2013 EPs which is what my husband and I will be? Our agency is telling us 6 months before we travel which would be May 2013. We received our referral in November. Do you think that is an accurate assessment?

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    1. Sorry I have no clearer answer than what the agency is telling you. They are probably correct in their assessment. I have heard from a couple of families that has just been issued EPs. So things are slowly moving along. I hope you won't have to wait too long.

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    2. Steve, you mean, people have been issued EPs under the new law? They passed both the ministry and the family courts?

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    3. Yes, the EPs were issued under the new law, and the paperworks have been forwarded to the Family Court for review and approval.

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  23. We are also a family who had EP approval 12/31, but were told we had NOT been given to the family court yet, however, yesterday we found out the court is JUST NOW requesting all certified copies of birth and marriage, plus the COC another poster mentioned. The problem with this is that that is NOT an easy request for anyone. It could take some states/counties 6 weeks or more to get those copies back to families. We are lucky that we have a family member who is able to drive to pick up my husband's BC making it easier for us, but we will probably be held up on being submitted to the court waiting for other families stuff to come in. I really can't believe the court is pulling this NOW instead of MONTHS AGO. I am beyond sick over this. I don't see court approval coming for anyone in the next 2-3 months, if not longer. I have lost all patience with the Korean government. I am still grateful they are not shutting down the program, but I really can not believe what they are pulling here.

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    1. Has your agency said anything about delays because you now have to get these additional documents? How utterly frustrating. Even more frustrating is that there is NOTHING WE CAN DO, but comply! As our kids get older, as we spend even more money, waste more time - we are at their mercy. If they are going to make changes, they should make these changes to the families who have not been submitted for EP. It's one thing if they asked for additional documents once or maybe even twice. But, They have asked for additional documents FOUR TIMES already.

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  24. If this is right that it takes maybe 6 weeks to get the papers right and Steve ment a couple of months in court after that again....... WHAT ARE THEY THINKING?!? As you said why now after EP approval and not for 1-2-3 months ago.. when you already collected the other papers they required? From happiness too sadness and frustration in a day I think??...... And why don't answer question that criticized the new system in Korea Steve? Understand that this is not your fault but you must have an opinion about this too??

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  25. A Certificate of Citizenship can take seven months on up to a year to obtain. If the family has applied and is waiting for one, will that be enough to satisfy the court, or must the family produce an actual one? Is there a way to expedite a COC? I can only find cases for expediting the form where work is involved? Please help.

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  26. If it takes from 7-12 months for the family who has get EP approval now, they have to understand that something is wrong with the new system or what?? So I hope they will approve that?

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  27. We are a Nov. 2011 family and have received EP approval but are still waiting to be sent to family court. The wait can be crushing at times. As we approach our son second Birthday I wonder how we will handle another Birthday apart from him.

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