Gwinnett judges blocking adoptions of Koreans due to legal technicality

The Atlanta Journal and The Atlanta Constitution

Author: MOSS, MICHAEL; Michael Moss Staff Writer STAFF

When Pam and Jamie Cook sought to adopt their twin Korean boys last autumn, they went to a local Gwinnett County judge thinking the way had been smoothed.

But half a year and $700 in legal fees later, the Cooks gave up on the Gwinnett County judge hearing their case and took their boys, Adam and Charlie, to a Fulton County judge in Atlanta for the required approval - which they had in 60 days. At least six other Gwinnett County families trying to adopt Korean babies in the past two years have gone the same route.

At issue, several Gwinnett judges have indicated, is that Korean law does not meet the standards of Georgia statutes. Natural parents in Korea are not required to sign a document giving their babies away, as Georgia law requires to prevent black marketeering in babies.

When Pam and Jamie Cook sought to adopt their twin Korean boys last autumn, they went to a local Gwinnett County judge thinking the way had been smoothed.

Cook, 32, was a successful AT&T computer systems designer. The couple had obtained references and a clearance by the FBI and the Immigration and Naturalization Service. And the twins' wide-eyed arrival at Hartsfield International Airport last October had been featured on a Thanksgiving Day television special.

But half a year and $700 in legal fees later, the Cooks gave up on the Gwinnett County judge hearing their case and took their boys, Adam and Charlie, to a Fulton County judge in Atlanta for the required approval - which they had in 60 days. At least six other Gwinnett County families trying to adopt Korean babies in the past two years have gone the same route.

At issue, several Gwinnett judges have indicated, is that Korean law does not meet the standards of Georgia statutes. Natural parents in Korea are not required to sign a document giving their babies away, as Georgia law requires to prevent black marketeering in babies.

The spurned parents and a private adoption agency specializing in Korean babies question why Gwinnett County judges - apparently alone in the Southeast and possibly the country - are balking at Korean baby adoptions. Several judges named by involved families either declined to comment or return calls, and court records on all adoptions are sealed.

But metro Atlanta attorneys and state officials say the Gwinnett judges may have discovered a technicality that - in theory - could jeopardize the legal status of several hundred Korean babies adopted into Georgia homes.

Attorney General Michael Bowers sent an opinion to Gwinnett County Superior Court Judge Homer Stark on Aug. 27 that approving the adoption of Korean babies without more documentation would be a violation of state law. To do so, Bowers wrote, "would condone the practice of the sale or kidnapping of foreign children."

Since 1980, 120 Korean babies each year were placed for adoption in homes in Alabama, Florida and Georgia by

., according to

, director of the not-for-profit firm based in Atlanta.

Children's Services International is one of three Atlanta-area agencies that place foreign children for adoption. Ms. Sorano and the director of another agency report having no unusual problems placing foreign babies from other countries in Georgia homes.

But when it comes to Korean babies, "Gwinnett is the only county in the U.S. that does not finalize the adoptions we present to them," Ms. Sorano said. None of the 5,000 to 6,000 Korean baby adoptions nationwide each year has encountered a similarly hesitant court, she said.

"That's hard for me to understand," said Mrs. Cook. "I am of the opinion that (the judges) feel like what we did was morally wrong - that they wanted us to adopt a domestic baby. Well, I'm 30 years old, and I can't wait the 10 years it takes to adopt an American baby."

Gwinnett Superior Court Judge Jim Henderson did not deny their adoption, Mrs. Cook said, "but he delayed and delayed and in the end told our attorney that we could come in, but that if we did he'd deny."

Henderson declined to comment, referring a reporter to Bowers' opinion.

Korean law holds adoptable children to be "non-persons" who thus need no pare ntal clearance. To press Korea on the issue would be to invite an adverse reaction, one national expert said.

"The more problems that get caused by U.S. law, judges and individuals, the more likely it is for Korea and others to place their children in countries that give full weight to their laws and customs," said William Pierce, president of the National Committee for Adoption in Washington, D.C.

Gwinnett's reputation for being tough on foreign adoptions has discouraged others from even trying. "We'd heard such horror stories about Gwinnett adoptions, we went right to Fulton," said Stone Mountain (Gwinnett County) resident Phil Winston, who recently adopted 1-year-old William, born in Korea. "Our attorney never gave us the option."

Fulton County has jurisdiction in such cases since it is the county where the adoption agency is based.

"It's like a marriage," said Fulton County Superior Court Judge Clarence Cooper, who approved adoption of the Cooks' twins last June. "If the law is complied with, it's a routine matter."

When told of the Gwinnett court's reservations, Cooper said, ``That's something I might have to look into."

Already probing the issue is the state Department of Human Resources. Scott Sprinkle, director of the office of regulatory services, which oversees adoption agencies, said no judge had contacted him with questions about the legal status of Korean babies. But he said a staff attorney would contact the Gwinnett court to "see if we can help clarify the situation."

Although there's no evidence of illegal, or black market, baby adoptions in Georgia, the potential merits concern by any judge, said Geraldine Jackson, a DHR official. She said there must be documents showing that "both parents have surrendered" the child to prevent the worst of nightmares: having a natural parent arrive in America at some point demanding that a child be returned.

Caption:

photo: Pam and Jamie Cook (center) had difficulty adopting Korean twins Adam (left) and Charlie due to legal technicality. / Neil McGahee