Korean-born Australian woman overturns adoption as federal inquiry launched

A Korean-born Australian is calling for changes to adoption laws after enduring an onerous process to nullify her "cruel" adoption, which included years of sexual and physical abuse.

Last month, a 39-year-old woman from regional NSW, identified as Rose Mary Smith*, won the right to discharge her adoption, with the Supreme Court finding she had been physically and sexually assaulted growing up.

The court heard Rose Mary, had suffered "inescapable distress" knowing two "child abusers" were listed as her legal parents and felt like she was in a "fake family".

"I have suffered chronic abuse across all forms from my adopters, across all ages of life," she told the court.

"Sexual assault, physical abuse, emotional abuse, psychological and financial abuse."

In her civil case, the court ruled that on the balance of probabilities, there was "clear and cogent proof" behind the detailed allegations.

Rose Mary is believed to be the first in Australia's community of 3,600 Korean adoptees to have her adoption nullified, but more are expected to follow.

She was sold through Australia's adoption partner agency, the South Korean-based Eastern Social Welfare Society.

The Australian government revealed to the ABC on Thursday that it was commencing an investigation into the adoption program after a South Korean inquiry found there was a lack of proper consent for adoption at the agency, children's reports were fabricated, and screening processes of adoptive parents were inadequate and rushed.

Speaking to the ABC, Rose Mary criticised the South Korean and Australian government for what she claims was a failure to properly vet parents before handing over vulnerable children.

"I've been placed with an adoptive family who I do not believe should have been able to adopt," she said.

She also cannot recall social services ever conducting any welfare checks on her as she grew up.

Rose Mary's adoption paperwork listed her as an orphan, but she later discovered both her biological parents were still alive.

Despite her adoption being based on a sham, her lawyer warned her that this alone was not enough to win her case.

It requires "exceptional circumstances" to be released from adoption, a threshold she only met because of the abuse she suffered.

"The change that I'd like to see very much is around changing the adoption laws that are in place, making discharges easier for adoptees," Rose Mary said.

"I do feel there is an unfair burden on victims in adoption, and whether that's victims of sexual assault or illicit adoption practices [that] have taken place.

"It really should be a straightforward process that I am an adult, this is what's happened, and I do not consent to being in this adoption anymore."

'Very difficult' to nullify adoption

Rose Mary's legal representative, Michael Bradley, from Marque Lawyers, said it was "very difficult" to have an adoption discharged under Australian law.

That is because it tries to replicate the bond between parents and their biological children.

"And of course, you can't undo a biological relationship," Mr Bradley said.

"So the law then says, well, if you want to break that adoptive relationship, you need very, very strong reasons to do so."

Eastern Social Welfare Society, the South Korean adoption program Rose Mary was part of, which ran for several decades, was found to have been rife with fraud, with dozens of stories of babies being stolen, and paperwork falsified to give the allure of legitimacy.

South Korea was renowned as the "world's largest baby exporter", sending some 200,000 children to Western countries since the Korean War in 1953.

A landmark report last year from the country's Truth and Reconciliation Commission (TRC) concluded gross negligence from the South Korean side, with "large-scale" export of babies with details "lost, falsified, or fabricated".

It has prompted the Australian government to launch its own inquiry to uncover what Australia knew at the time, identify potential failings, and investigate what changes have occurred since.

The investigation will look at adoptions from 1964 to 1999, with Magistrate Robert Cook at the helm.

The inquiry, run by the Department of Social Services, will be done in cooperation with the NSW Department of Communities and Justice, given NSW took in the most adoptees from the Korea-Australia inter-country adoption program.

Social Services Minister Tanya Plibersek said it was "plain that there were improprieties" on the Korean side of the adoption process.

"The investigation that we're doing now will determine what happened at the Australian end," she said.

The government plans to host an online town hall for Korean adoptees in the coming weeks, while a website has already been launched for them to share their stories and be part of the process.

An initial report is due to be released at the end of the year.

Pippa McPherson, a spokesperson for Korean adoptee advocacy group KADS Connect, said she welcomed the Australian investigation.

"We are a little bit disappointed that it's not a parliamentary inquiry, but we are really hoping that this is a stepping stone in the right direction for a parliamentary inquiry in the future," she said.

'Black hole'

Larissa Dickson, a 47-year-old Korean adoptee, is hopeful the inquiry will provide much-needed answers after she discovered an anomaly in her files, which makes her think they were fabricated.

The Perth woman grew up with loving adoptive parents, but when she had her first child, she realised she had been "missing" the feeling of blood family her whole life.

Her adoption papers stated she was abandoned, with no information on her parents — their names not even listed on her original birth certificate.

But then she travelled to Seoul and forced a meeting with the Eastern Social Welfare Society, where she got a new set of papers stating her parents' heights and occupations.

"Growing up, not knowing whether you were wanted or not, just leaves a black hole inside of you," Ms Dickson said.

She will be watching closely what Australia uncovers about this controversial adoption program.

"I think it's the next step towards the truth, but it's not going to provide all of the answers," she said.

"It will provide some answers as to accountability. And that is important. Because to know that both governments failed us would just, it just leaves me speechless."

Ms Dickson's adoptive dad, Peter, said he felt "sickened" when he learned 45 years later of the widespread fraud at the agency where he adopted his daughter from.

"On many occasions, [the government] reiterated the fact that they'd gone to the trouble to find a place which they thought was good and had good procedures.

"You feel like you've stuffed up. You thought you were doing it with the best of good intentions, and then those good intentions weren't honoured."

Australian's documents found to be fabricated

Cho*'s adoption story was one of the few Australians to feature in last year's Truth and Reconciliation Commission.

The report found his documentation was fabricated, with conflicting information about the reasons for adoption.

"A lot of our background stories, the reason for adoption, seem very similar, almost templated," he said.

"We want to know why the Australian government didn't detect this as unusual."

Cho expressed concern that the Australian inquiry was being conducted through the NSW state authority.

"I was adopted interstate, so I'm not clear how they're going to access interstate files and how long that's going to take."

Rose Mary said she was "absolutely horrified" to learn about the systemic issues across the entire adoption program of Australia's Korean partner.

"It just really shook my reality," she said.

"How can we trust any system, any legal process, anything? It's almost like the whole world around me no longer made any sense, and it was really quite shattering to the core of my nervous system and belief in anything."

But by nullifying her adoption, she said she felt she had been able "to reclaim my identity and my heritage and my lineage, also not just for me but for my daughter and for my daughter's children".

A third Truth and Reconciliation Commission investigation has begun in South Korea, expanding on last year's findings.

Eastern Social Welfare Society was contacted for comment.

*The ABC has published aliases assigned by court.

For intercountry adoptees affected by unique or difficult adoption practices, specialist support is available through the Intercountry Adoptee and Family Support Service (ICAFSS). If this story has raised any issues for you, call Lifeline on 13 11 14.