By Antonia Girdano

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TRC findings reveal suspected illegality of some adoption cases

Adoptees and members of advocacy groups pose during a session at the National Assembly in Seoul, Nov. 26. Courtesy of Lynelle Long

A bill to extend the mandate of Korea’s Truth and Reconciliation Commission (TRC) passed the Legislation and Judiciary Committee of the National Assembly on Dec. 2, following weeks of intensified pressure on lawmakers by Korean adoptees.

For many adoptees, the development marked a significant step. Only months earlier, amid other national crises demanding political attention, uncertainty over the commission’s future was acute.

Members of the adoptee community have been holding conferences, meeting with officials and staging protests outside government buildings in recent weeks, urging the administration to extend the TRC’s tenure and provide the facts behind their overseas adoptions, after irregularities have been detected in many cases.

On Nov. 26, adoptees, both domestic and international, and advocacy groups gathered again at the National Assembly, calling not only for recognition of the TRC’s findings but for deeper action: corroborating evidence, expanding investigations and establishing a long-term framework for cooperation with the state. Many consider these steps essential for beginning a process of healing and accountability that will allow adoptees and their descendants to move forward from a painful history.

The TRC formally released its findings this month, confirming widespread human rights violations. Its mandate extended beyond adoption and overseas Korean issues, encompassing abuses dating back to the 1950-53 Korean War and periods of authoritarian rule. Yet uncertainty persisted over whether the TRC’s mandate would be extended, as hundreds of cases remained unresolved even as its deadline approached.

Adoption cases present a uniquely complex challenge. They span multiple countries, agencies and decades, with records scattered across jurisdictions or deliberately altered. Past investigations revealed falsified documents, fabricated birthdates, invented family origins and misinformation given to birth families. These patterns have been recorded in testimonies, investigative reports, documentaries and more than 50 cases verified by the TRC before the deadline. Advocates say the volume of evidence now emerging shows unmistakable systemic failures, not isolated errors, and underscores the need for comprehensive reform.

Experts contend that meaningful change must extend beyond apologies and written findings. Participants speaking at the Assembly noted that adoptees still face significant barriers accessing records and tracing their histories, and that structural reforms are necessary to prevent future violations. They emphasized that these measures must support both current and future generations of domestic and overseas adoptees.

Despite some attempts to improve the system, serious shortcomings remain, including problems within the government body tasked with assisting adoptees. Experts also raised the question of whether the abuses uncovered could qualify as international crimes, and what legal avenues victims might pursue.

Olivier de Frouville, professor of international law and director of the Paris Human Rights Center, said similar patterns have appeared in conflict-affected and authoritarian countries. He pointed to concerns such as forced transfers, enforced disappearances, persecution and falsification of identity — factors that may elevate certain cases to the level of war crimes or crimes against humanity. He noted that in other countries, adoption cases involving abduction or identity manipulation have been successfully challenged as illegal.

As these conferences continue and support grows both domestically and internationally, momentum has begun to shift. Advocates say that without the TRC’s findings, legislative reform would be nearly impossible. Entering the new year, the recent progress has given many adoptees cautious hope — not only for the committee’s investigation but for concrete legal pathways that could finally offer a measure of resolution.

Antonia Giordano is a freelance photographer and writer based in Seoul. An adoptee, Antonia deeply understands and connects with the issues surrounding adoption and post-adoption.