Following the previous post on the "F-1-52 Visa for Children Born from the Previous Marriage of a Foreign Spouse," today, we will explore the procedures and required documents for adopting a foreign minor as well as the special naturalization (as a national's child) and permanent residency (F-5-3) that can be applied for after the adoption process is complete.
※ This generally pertains to adopting a foreign minor. Therefore, it is not necessary that the child must be of the foreign spouse.
※ This applies to minors. According to civil law, only minors are applicable. If the child of a foreign spouse (holder of an F6 visa) has already reached adulthood, that child can apply for special naturalization under the name of a national's child only after the foreign spouse has naturalized through marriage and acquired South Korean nationality. In this case, neither confirmation of visa issuance (by the domestic immigration office invitation) nor visa issuance (application at the local South Korean embassy) is possible, and the foreign minor must enter Korea on a C-3 visa and apply for special naturalization domestically.
Procedures and Required Documents for Adopting a Foreign Minor
1. Preparation of Adoption Documents
- The first step in the adoption process is to obtain a consent form for adoption from the foreign spouse's ex-husband or ex-wife. Along with obtaining the adoption consent, birth certificates and family relation certificates for the child must also be issued locally, translated, notarized into Korean or English, and sent to Korea after receiving an apostille or consular confirmation from the local South Korean embassy.
- If the foreign minor's biological parents are deceased, a death certificate must be issued. If obtaining an adoption consent is impossible due to the biological parents being missing or unreachable, additional proof documents must be prepared.
2. Submission of Adoption Petition to the Family Court
Required documents for the adopter (Korean) | Required documents for the adopter (foreign spouse) | Required documents for the minor adoptee (foreign child) |
① Marriage Relationship Certificate ② Family Relationship Certificate ③ Resident Registration Copy ④ Seal Certificate ⑤ ID Copy ⑥ Criminal Background Check ⑦ Health Examination Certificate ⑧ Asset/Income Proof Documents ⑨ Residence Proof Documents (property registry or lease agreement, etc.) | ① Alien Registration Card (or Resident Registration Card) ② Passport Copy | ① Birth Certificate ② Family Registry Copy ③ Consent form from the biological father or mother (stating renunciation of parental rights) ④ Consent form from the foreign child if aged 14 or above ⑤ Divorce Decree ⑥ Family photos, etc. |
※ The adoption application must detail the reasons for the adoption and provide sufficient evidence to justify it to the court. If the justification for the adoption is insufficient, the court may order additional documentation, which can take significant time, and in the worst case, may result in a denial of the application.
3. Conducting a Reality Check
- The Family Court, upon receiving an adoption permit application, conducts a reality check through home visits, etc., to verify
- Whether the adoptive parents have sufficient assets to support the adoptee
- Whether the adoptee's freedom of religion is respected and whether they can be raised and educated as a member of society
- Whether there is a history of child abuse, sexual violence, drug or substance abuse
- Whether the occupation of the adoptive parents or any other aspect of their lifestyle could harm the welfare of the child to be adopted
4. Mandatory Education Completion
- The adoptive parents and their spouse must attend a 3-hour adoptive parent education on the date designated by the court and submit an attendance confirmation to the responsible judge. Mandatory legal education also applies to international adoptions.
5. Family Court's Adoption Approval Judgment
- Filing an adoption approval petition with the Family Court involves an evaluation of the applicant's financial capability, criminal background, credit information, living environment, etc. The decision on approval can take about 6 months to a year.
6. Home Country Adoption Approval
- Once the adoption application is approved by the Family Court, related documents must be translated, notarized, and an adoption approval application must be processed in the foreign spouse's country. Previously, it was possible to acquire nationality for the foreign minor adoptee with approval from Korea only, but with legal amendments, approval from both countries is sometimes required.
7. Special Naturalization or Permanent Residency (F-5-3) Application for the Foreign Minor Adoptee
After the adoption of a foreign child is approved, one can apply for special naturalization, which has significantly relaxed requirements compared to general naturalization. Depending on the situation, one can also apply for permanent residency (F-5-3)
However, in the case of applying for permanent residency, one must have continuously resided in Korea on an F2 residence visa for more than 2 years before applying
Special Naturalization (as a national's child)
For more detailed information on the eligibility criteria, required documents, etc., for special naturalization, please refer to the link below ↓
National's Minor Child (F-5-3)
1. Target
- A minor foreign child of a Korea citizen, continuously residing in Korea for more than 2 years under a residence (F-2) status
※ Biological child (including adopted child) of a parent who is a South Korean national
- Meets the requirements for good conduct and basic qualifications
※ Good conduct: No criminal record, violation of the Immigration Control Act, unpaid national taxes, etc.
2. Basic Qualifications and Exemption Criteria
(1) Basic Qualifications
Completed the Social Integration Program or scored 60 points (out of 100) on the comprehensive evaluation for permanent residency or naturalization
(2) Basic Qualification Exemption Criteria
① Exempt from basic qualifications for those under the compulsory school age (under 6 years old)
※ Every citizen must enroll their child or ward in an elementary school on March 1 of the year following the year in which the child or ward turns 6 years old, and ensure they attend until graduation.
② Above compulsory school age up to under 15 years old
- Exempt from basic qualifications if enrolled in a school listed in Article 2 of the "Elementary and Secondary Education Act" (excluding foreign schools under Article 60-2 of the same Act)
③ 15 years old and above
※ Exempt from basic qualifications if meeting any of the following
① Graduated from a school listed in Article 2 of the "Elementary and Secondary Education Act" (excluding foreign schools under Article 60-2 of the same Act)
② Passed the equivalency examination for graduation from schools listed in Article 2 of the "Elementary and Secondary Education Act" (excluding foreign schools under Article 60-2 of the same Act)
③ Enrolled for more than 2 years in a school listed in Article 2 of the "Elementary and Secondary Education Act" (excluding foreign schools under Article 60-2 of the same Act)
3. Required Documents
[Basic Documents]
① Unified application form, original and copy of the passport, Alien Registration Card (residency status F-2), standard photo, fees (status change 200,000 won + Alien Registration Card 30,000 won)
② Proof of residence (can be substituted with a resident registration extract of the father or mother)
[Family Relationship Documents]
③ Basic Certificate (detailed), Marriage Relationship Certificate (detailed), Family Relationship Certificate (detailed), Resident Registration Extract of the Korean parent or parents
④ Birth certificate and other family relationship documents of the minor child (applicant)
⑤ If adopted, photos taken together, proof of upbringing documents, etc., may be required
[Good Conduct Requirement Documents]
※ Exempt for applicants under the age of criminal responsibility (under 14 years old) as of the application date
⑥ Original overseas criminal record certificate (issued within 6 months of the application date, requires public verification and translation)
[Basic Qualification Documents]
⑦-1 (Completion of the Social Integration Program)
- Completion certificate of the Social Integration Program (Korean Immigration and Permanent Residency Course or Korean Immigration and Naturalization Course)
⑦-2 (Comprehensive Evaluation of 60 points or more)
- Pass certificate of the Korean Immigration Permanent Residency Test (KIPRAT) or the Korean Immigration Naturalization Test (KINAT)
⑦-3 (Exempted Applicants) - Diploma, GED pass certificate, school enrollment certificate, etc.
※ If the applicant is a minor biological child, additional submission of a DNA test report
※ When applying for permanent residency, if the remaining period of the current residency status is less than 6 months, one must extend the current residency status before applying for a change of status