Landmark Court Ruling Holds Holt Children’s Services Responsible for Illegal Adoption

Shin Sung-hyuk (also known as Adam Crapser) (Image from NAKASEC homepage)

SEOUL, May 17 (Korea Bizwire) — A Seoul court on Tuesday acknowledged the “illegal adoption” of a South Korean child by the adoption agency Holt Children’s Welfare Society (Holt).

Even though his parents were still alive, the child was registered as an orphan and adopted overseas. This landmark ruling marks the first time a court has recognized the unlawfulness of the international adoption process. However, the court did not hold the state accountable for its involvement.

On May 16, in a damages lawsuit filed in 2019 by Shin Song-hyuk (also known as Adam Crapser), who was adopted by the United States in 1979, the Seoul Central District Court partially ruled in favor of Shin. The court ordered Holt to pay him 100 million won in damages.

In 1979, Holt claimed that the then-3-year-old Shin was an orphan and facilitated his adoption in the United States, disregarding the fact that his biological parents were still alive.

Under the adoption process at the time, orphans could only be placed for adoption with the consent of the head of an adoption agency, such as Holt.

Furthermore, adoptions could occur by proxy, without the adoptive parents personally meeting the child. Holt received a substantial adoption fee for placing Shin for adoption. During this process, Shin’s name was mistakenly recorded as “Shin Song-hyuk” instead of “Shin Sung-hyuk.”

In his 2019 lawsuit, Mr. Shin sought 200 million won in damages, asserting that Holt had failed to fulfill its responsibilities as an adoption agency. He also accused the South Korean government of neglecting its oversight of Holt and failing to uphold its duty to protect its citizens.

Currently residing in Mexico and with family ties in the United States, Shin was unable to attend the trial.

M. H. Lee (mhlee@koreabizwire.com)