In South Korea, a special law on the adoption of children, which was totally amended from the previous law, came into force in August 2012. The new law was significantly improved in terms of the protection of the rights of children, such as introduction of the requirement to obtain permission from a family court to implement an adoption, not merely filing for adoption by the parties concerned. Following the enactment of the amended law, however, arguments have continued over the fact that the number of children entrusted to organizations to act as intermediates in adoption has decreased and the abandonment of babies continues. Focusing on the registration of childbirth, the author analyzed these issues in this paper by dividing them into two issues: the right of a child to know its biological mother versus the right to privacy of a single mother, and the right of children to be brought up at home. As a result, it was seen that for women who had unintentionally become pregnant, adoption had been functioning as a social welfare system through the false filings of birth, but that overlooking this function was the greatest factor in arguments about the need to amend the special law again. The question must be asked again as to how birth registration in an unmarried state imposes a heavy burden on single mothers in South Korean society.
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