Adam Crapser vs. Republic of Korea and Holt International: “Obvious international human rights violations”

A Korean human rights advocate has published an article claiming multiple ways that both the Korean government and Holt International allegedly violated the human rights of a Korean adoptee, including “flagrant infringements,” “unlawful acts” of negligence, and more.

Lee Kyeung-eun, the director of Human Rights Beyond Borders), has written an article published today in The Korea Times about Korean adoptee Adam Crapser’s January 2019 petition against the Korean government and Holt Children’s Services Inc. for allegedly violating his rights during his adoption process. “Although the plaintiff’s story garnered worldwide media attention, his lawsuit represents a historic legal first..this petition is the first and only attempt by an inter-country adoptee to hold the Korean government accountable for failing to uphold its duty in such an adoption.” 

The article calls on more Koreans and more adoptees to be aware of the case: “the claims of this case are not isolated to the plaintiff (Adam Crapser). On the contrary, they represent wider harms perpetrated against most Korean adoptees. Hence, more people ― especially adoptees ― should know more about this case.”

Beyond that, the article then examines the claims against the Korean government and Holt Children’s Services Inc., and their lack of accountability,”  and does so in strong, provocative terms.

This petition filed by Shin Song-hyuk (better known as Adam Crapser) is the first and only attempt by an inter-country adoptee to hold the Korean government accountable for failing to uphold its duty in such an adoption. Courtesy of Lee Kyung-eun
This petition filed by Shin Song-hyuk (better known as Adam Crapser) is the first and only attempt by an inter-country adoptee to hold the Korean government accountable for failing to uphold its duty in such an adoption. Courtesy of Lee Kyung-eun

“The plaintiff has suffered the following rights violations: the right to know and preserve his true identity due to the fraudulent falsification of his orphan registration (a birth registration reserved for children without their parents’ information); damages from physical, mental and emotional abuse inflicted in the course of the adoption, the dissolution of the adoption and the consequential multiple moves to other homes and the effects of those events; violation of the right to acquire and have the nationality of his adoptive country; violation of personality rights and the right to pursue happiness due to deportation.

The plaintiff’s rights have been violated by a number of unlawful acts committed through the cooperative efforts of the government of the Republic of Korea and Holt Children’s Services Inc. The charges against the defendants are as follows:

Alleged illegal acts of Republic of Korea:

Negligence of its duty to protect its national in the process of inter-country adoption.

Unconstitutional use of proxy adoptions, a practice stipulated in the Adoption Special Procedure Act.

Negligence of its duty to monitor and audit the practices of adoption agencies.

Violation of its obligation to perform due diligence in the process of allowing children to leave the country to be adopted transnationally. The government had a duty to execute this crucial step by ensuring that a relevant authority would verify the legitimacy of the adoption agencies’ procedures. However, it failed to do so, thereby being in severe dereliction of duty. 

Failure to monitor and verify the citizenship acquisition of inter-country adoptees, as prescribed by law.

Negligence of its obligation to fulfill post-adoption monitoring of the plaintiff’s adoption.

Failure to uphold the international norms that seek to prevent financial gain by allowing the inclusion of such unethical practices in the implementation ordinance of the Special Adoption Procedure Act. 

Alleged illegal acts of Holt Children’s Services Inc.:

Holt is among the original four accredited adoption agencies authorized by the government to engage exclusively in inter-country adoptions from Korea for foreign adoptive parents. The original intent of granting such exclusive power should have been to secure the protection and welfare of children adopted abroad. However, rather than fulfilling this aim, it abused its power and engaged in gross child rights violations to reap financial benefits from its adoption business. 

In the case of the plaintiff, despite knowing about the existence of the mother and father, Holt proceeded to provide fraudulent information to the registry office to register the plaintiff as an abandoned orphan.

The allegations are: negligence in the conduct of its duty to serve as a guardian and protect the children under its care; illegally relinquishing and transferring guardianship to the agencies of the receiving countries; failure to execute its obligations to provide support in the acquisition of citizenship for adoptees and to verify the acquisition in accordance with the relevant laws of the receiving countries.

These claims are obvious international human rights violations that expose the shortcomings of the Korean government to uphold international standards and safeguards to protect the rights of children in adoption. However, as the lawsuit was filed with the Korean Civil Court, the petition remains limited to the national legal protections available at the time of the wrongdoing. Even under these circumstances, the defendants’ flagrant infringements of the plaintiff’s rights constitute serious transgressions.”

Read the entire article here. This is apparently the first in a series of articles about the amicus brief submitted to the court as expert testimony. The case is still pending in court.

As this article suggests, the case has enormous potential ramifications for adoptees around the globe.

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