South Korea and anonymous birthing bill

South Korean women rights groups are concerned that the bill if enacted would privilege giving up a child over other forms of support that might prevent unwanted pregnancies or allow women and girls who wish to keep the child to do so. The bill also fails to include registration of children born to non-citizen parents.

In June, a Ministry of Health and Welfare investigation reported that 2,123 children born to South Korean women and girls, and 4,000 born to non-citizens between 2015 and 2022 had not been registered with the government. The investigation found that of the children born to South Koreans, 249 infants died while 601 were abandoned in illegal “baby boxes,” run by religious organizations without government oversight. The National Assembly responded to the investigation by introducing two bills. The Birth Notification System, passed in July and effective from July 2024, would require medical facilities to register all children born to South Korean parents. The Protected Birth Bill, introduced in August, would allow South Korean women to give birth anonymously at designated medical facilities without requiring the child to be registered under the family registration system and with the intention of giving the child up.

The bill aims to establish a public protection system for “crisis pregnancies” that provides counseling and medical, livelihood, and educational support related to pregnancy, childbirth, and child care. South Korean women’s rights organizations said this was not sufficient to address the primary reasons for “unregistered births” in South Korea: deep-rooted discrimination against unmarried mothers and their children, and against women and girls with unwanted pregnancies.

A coalition of groups said that, “Everyone should be able to access the information and support system they need at the point of pregnancy, not just in situations of ‘crisis pregnancy’ or ‘pregnancy conflict,’ and no matter what decision is made when considering whether to continue or terminate the pregnancy, support must be guaranteed.” Some groups recommended that legislators introduce a comprehensive and holistic framework that guarantees reproductive autonomy for women and girls, and ensures that all children are protected.

The National Assembly should also act to ensure that safe abortions and medical abortion pills are accessible and affordable to all women, guarantee that abortions are a medical treatment covered by the national insurance plan, and provide for adequate sexuality education. All women, including immigrant women, should be able to register their child’s birth, have access to pre- and postnatal care, and financial support and services, including for children with disabilities.

The bill does not include registration for non-citizen parents, leaving many unable to access basic services for their children. The UN Committee on the Rights of the Child in 2019 recommended that the South Korean government “ensure that birth registration, including online, is universal and available to all children regardless of their parents’ legal status or origins,” and that all children within its territory are equally able to access “childcare facilities, education, health care, welfare, leisure and State support.”

“If South Korea really means to protect women and children, the government should address the structural issues leading to ‘unregistered births’ and women having ‘crisis pregnancies,’” Bergsten said. “For women choosing to have a child, the government should take measurable and time-bound steps to combat the social stigma that single mothers and their children face.”

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