A debate is brewing in South Korea over a new law that will allow women to give birth anonymously, as the country wrestles with the need to protect young unwed mothers and childrens’ right to know their parents.

Under the “Protected Birth Bill” passed in August, South Korean women can give birth at designated medical facilities without providing personal information or registering their child under the family registration system.

The legislation is aimed at safeguarding women’s privacy, in particular the privacy of young unwed mothers who do not want to reveal to their partners or parents that they have given birth.

The ultimate goal is to encourage such mothers to give birth in hospitals under professional medical care, rather than to give birth at home to chide their children from their families and partners.

An investigation by the South Korean Ministry of Health and Welfare earlier this year found that out of 2,000 unregistered babies born to Korean mothers between 2015 and 2022, 249 had died and 601 had been abandoned after birth — findings that appeared to show the consequences of giving birth outside of hospitals.

In response, the National Assembly passed the Protected Birth Bill in August, following the approval of the Birth Notification System in July. 

The Birth Notification System, enacted in July and also set to come into effect from July next year, mandates medical facilities to record the births of all children born to South Korean parents, allowing the children to be issued an identification number even if they are not registered under the family registration system. 

The aim is to ensure a safe environment for both pregnant women and their children by “allowing pregnant women who wish to undergo anonymous childbirth to do so.”

However, the legislation has raised concerns about potential infringements on children’s rights and triggered a broader societal discourse on the perception and support of single mothers and child welfare. 

The Korean Women Lawyers Association hosts a symposium on the protected birth system on Nov. 2, 2023. | Image: The Korean Women Lawyers Association

DEBATE OVER THE BILL

Attorney Sung-Min Park from HnL Law Office supported the passing of the Protected Birth Bill. 

“If parenting becomes unfeasible for the birth mother, the bill could provide a mechanism to ensure her anonymity,” Park wrote in a paper published by Korean Bar Association.

“Critics argue that the bill does not address the root causes of unregistered births and may increase stigma around single motherhood, but there is a viewpoint advocating for the establishment of an anonymous birth system alongside baby boxes to protect the child’s right to life,” Park added.

By contrast, Professor Song Da-young of the Department of Social Welfare at Incheon National University told Korea Pro that she believes the new bill “limits the basic rights of a child by half” and expressed doubts about the state’s compliance with the United Nations Rights Convention.

Article 7 of the U.N. Convention on the Rights of the Child stipulates that a child has the right to know their parents and be raised by them. Even in situations where it is necessary for the child’s benefit, separation from parents should be temporary and short-term. 

Song pointed out that the newly enacted bills, which transfer the right to report births and decide on adoptions to the state, limit the child’s right to know their parents.

Critics of the bill further argued that it doesn’t address the root causes of unregistered births, such as limited access to safe abortions, lack of comprehensive sex education, inadequate support for pregnant women and girls and the social stigma of single motherhood. 

Susanne Seong-Eun Bergsten, senior women’s rights coordinator at Human Rights Watch, echoed some of these concerns, telling Korea Pro that the bill “could increase stigma around single motherhood and economic hardship, rather than addressing the real needs of single mothers and their children.”

Song of Incheon National University also said that growing rates of long-term poverty among low-income groups is leading to “increasing cases of unregistered births and child neglect.”

Lee Ki-il, first vice minister of health and welfare, conducts a briefing on the passage of the Special Act on Support for Crisis Pregnancy and Protected Births and Child Protection in Seoul on Oct. 6, 2023. | Image: Ministry of Health and Welfare

COMPLICATING MATTERS

The Protected Birth Bill allows pregnant women to declare their intent to give birth anonymously during their pregnancy, but they can also invoke this protection up to one month after the child is born. 

Min Jung Kim, president of the non-profit Korea Unwed Mothers’ Families Association, explained that,  “This effectively allows for anonymous childbirth, ensuring that the child has no record of their biological mother.”

However, Kim voiced concerns about potential misuse of this provision, especially concerning children born with disabilities. 

She discussed the fear that some mothers might choose anonymity if they are unsure about raising a child with special needs. Legally abandoning children with disabilities could become an unintended consequence of the Protected Birth Bill.

She believes the government should focus on establishing “a comprehensive public support system that provides counseling, medical care, livelihood support and education related to pregnancy, childbirth and parenting to prevent pregnant women and children in crisis from facing distressing situations.”

“There is not enough support,” Kim told Korea Pro.

Single mothers are provided with monthly financial assistance from the government ranging from 200,000 won to 350,000 won for teenage single mothers. 

But recent surges in the cost of living in South Korea, including in food prices, have highlighted how limited the provisions for single mothers are.

The government does offer support for childcare, with monthly stipends ranging between 1.5 million and 2 million won per child. However unwed single parents do not qualify for these payments. 

According to the Korean financial support criteria, only married couples, or single parents who are married but whose spouses have passed away or cannot provide financial support, and who do not receive financial support from their parents, are eligible to receive financial support.

UNDOCUMENTED FOREIGN CHILDREN

Following the state audit on the some 2,000 cases of unregistered babies, the government announced it would also work to track down some 4,000 unregistered babies born to mothers of foreign nationality between 2015 and 2022.

While the aforementioned bills aim to address issues related to South Korean citizens, concerns remain for unregistered foreigners living in the country.

As of Nov. 2023, there are approximately 411,000 “undocumented foreigners” or “unregistered foreigners,” according to the Ministry of Justice.

Jonghee Seo, an associate professor at the School of Law of Yonsei University, argued in an academic paper published last year that the government should implement measures to facilitate the birth registration of undocumented foreign children. 

“In cases where concerns exist about revealing the identity of undocumented foreign parents during the birth registration process, which could result in child abandonment, it is necessary to explore the introduction of ‘anonymous birth or adoption’ as a means to protect the child’s right to life,” Seo wrote.

Because of the difficulties of registering the birth of a child to undocumented parents, situations arise where there are no official records of a child, meaning they are essentially left unprotected by the law.

Song of Incheon National University told Korea Pro that “one area that needs more consideration is whether there should be a grace period for undocumented children of illegal residents born in Korea to have their births registered.”

The Protected Birth Bill could mark a significant step in safeguarding the security and privacy of vulnerable mothers in Korea, and help the country prevent tragic outcomes of unregistered births and abandonment. 

However, as the debate over the law reshapes perceptions of what constitutes a legal birth, South Korean society is confronted with the task of balancing the rights of mothers and children — a challenge that requires careful deliberation both in parliament and beyond.

Edited by Alannah Hill