Adoption Nullified Amid Abuse Claims

A Korean-born Australian woman, Rose Mary Smith, aged 39 from regional NSW, successfully nullified her adoption last month.* The Supreme Court found she had experienced physical and sexual assault during her upbringing.

Smith testified to enduring "chronic abuse across all forms" from her adoptive parents, including sexual assault, physical abuse, emotional, psychological, and financial abuse.

The court concluded there was "clear and cogent proof" supporting her allegations.

Smith is believed to be the first of Australia's 3,600 Korean adoptees to have an adoption nullified. She expressed "inescapable distress" knowing her legal parents were her abusers and felt she was in a "fake family."

Calls for Adoption Law Reform

Smith is advocating for changes to adoption laws to simplify the process of discharging adoptions. She believes there is an "unfair burden on victims" and that it should be a straightforward process for adults to withdraw consent from an adoption, regardless of whether it involves abuse or illicit practices.

Her lawyer, Michael Bradley, noted the difficulty of discharging adoptions under Australian law, which aims to replicate the biological parent-child bond, requiring "very, very strong reasons" to sever it.

Australian Government Initiates Inquiry

The Australian government has announced an investigation into its inter-country adoption program with South Korea. The inquiry follows findings by a South Korean commission that identified a lack of proper consent, fabricated children's reports, and inadequate screening of adoptive parents by the Eastern Social Welfare Society (ESWS), Australia's adoption partner agency.

The investigation, led by Magistrate Robert Cook and run by the Department of Social Services in cooperation with the NSW Department of Communities and Justice, will examine adoptions from 1964 to 1999.

Social Services Minister Tanya Plibersek acknowledged "improprieties" on the Korean side and stated the inquiry would determine what occurred at the Australian end.

An online town hall and a website have been launched for Korean adoptees to share their experiences.

Systemic Fraud and Adoptee Experiences

The South Korean Truth and Reconciliation Commission (TRC) reported last year that the ESWS program was rife with fraud, with cases of babies being stolen and paperwork falsified. South Korea facilitated the adoption of approximately 200,000 children to Western countries since 1953, and the TRC's report highlighted "gross negligence" and "large-scale" export of babies with details that were "lost, falsified, or fabricated."

Larissa Dickson, a 47-year-old Korean adoptee, discovered discrepancies in her adoption files, suggesting fabrication, and is hopeful the inquiry will provide answers. Another adoptee, Cho*, whose documentation was found to be fabricated by the TRC, questioned why the Australian government did not detect these issues earlier.

Smith described learning about the systemic issues as "absolutely horrified" and "shattering."

She views nullifying her adoption as reclaiming her identity and heritage for herself and her daughter.

*The ABC has published aliases assigned by court.