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Yahoo
6 days ago
- Business
- Yahoo
Locked out of wealth: The racial divide in home equity
As a Bankrate senior writer, I spend a lot of time diving into all things home equity. And lately, there's been a lot to focus on. In the fourth quarter of 2024, homeowner equity averaged an eye-popping $35 trillion, courtesy of a 60 percent increase in home values since 2019, according to Harvard's Joint Center for Housing Studies (JCHS). That adds up to approximately $400,000 per homeowner, among the highest equity levels we've ever seen. On the surface, it sounds like a win. But not everyone is experiencing the historic growth in home equity – in particular, homeowners of color. 'Only a small portion of Black adults have any home equity and, among those who do, the equity is generally lower because their homes are valued less,' says Jason Richardson, senior director of research at the National Community Reinvestment Coalition (NCRC). What's more, Black homeowners also have a harder time borrowing against their equity stake, with loan denials double those of white homeowners, Federal Reserve Bank research has found. Why is there a racial divide in accumulating and accessing home equity, and why does it persist? Inequality in accumulating home equity Home equity – your home's worth, minus its outstanding mortgage – is more than just a number on paper. It can be the difference between affording college tuition, making vital renovations, starting a business, or weathering a crisis. But to build equity, you first need to own a home. While 2023 (the latest year data is available) was a banner year for the growth in Hispanic and Black homeownership, a persistent and significant divide still exists between Black and white households and their equity stakes.'There's about a 25-percentage-point gap that has remained unchanged for roughly 120 years,' Richardson says. The disparity starts from day one of homeownership. Larger down payments – the amount paid out-of-pocket for a purchase – boost a buyer's equity stake. In 2023, when the average white homebuyer bought a home worth over $450,000, they gained over $130,000 in equity at closing (reflecting the amount of cash they put up), according to NCRC research. Compare that to about $86,000 for Hispanics and only $69,000 for Blacks. Some Black and Hispanic families struggle to manage even the minimum down payment of 3-3.5 percent. Today's record-high home prices have created 'a substantial growth in the need to access assistance for first-time homebuyers,' says Alexander Hermann, senior research associate at JCHS. However, some first-timers have resources others don't. 'More often than not, white households have access to 'the bank of mom and dad' in the way that Black and Hispanic households don't necessarily have.' Persistent income and wealth gaps Before the pandemic, Black and Hispanic households made meaningful strides when it came to building wealth, recording faster growth than white households. But 'despite those faster gains, Black and Hispanic families started with less,' notes Nadia Evangelou, senior economist and director of real estate research at the National Association of Realtors. 'It's like two runners in a race. Even if one is running faster, they can still fall further behind if they start further back.' And, in the last few years, they have been. Between 2019 and 2022, while wage and salary income grew significantly for white families, it stayed almost flat for Black and Hispanic ones. By 2022, the typical white household had approximately $285,000 in overall wealth, more than four times that of Hispanic households ($61,600) and more than six times that of Black households ($44,900). This disparity is especially troubling given that it now takes a six-figure salary — nearly $117,000 — to afford a typical single-family home today, 50 percent higher than only five years ago, Bankrate's 2025 Housing Affordability Study has found. Not only are wages stagnant and home prices elevated, but persistently high mortgage rates have priced many Black and Hispanic families out of the market: 'It's clear that few of them can afford to buy a median-priced home,' says Evangelou. And if homeownership is out of reach, so, of course, is the ability to build home equity. Discrimination and loan denials Economic factors aren't the only barriers blocking people of color from building and benefitting from homeownership – bias and prejudice play a part too. Although practices like redlining are now illegal, their impact persists in more subtle, yet still damaging, ways. 'We've done numerous paired tests, where two potential homebuyers are sent to a lender to ask for information,' says Richardson. 'It's very common for the white applicant to be invited into the loan officer's office and given all the information they want. The same lending office will refer a Black or Hispanic borrower to their website. This is an example of the lender discouraging the applicant from even putting in an application.' When applicants of color do apply, they're more likely to be denied, even when they have similar credit scores, income, and are applying for the same type of loan. According to research from the Federal Reserve Bank of Minneapolis, the reasons lenders give for denials, like employment history or credit history, don't fully account for the racial gap. 'Mortgage denials are just one part of the application process,' says Richardson. 'Loans are either approved, denied, or become what's called 'fallout,' which means the loan doesn't close for some other reason.' Even if they've built a good stake, accessing their hard-earned home equity isn't any easier for some homeowners. Between 2018 and 2021, Black applicants were denied home equity line of credit (HELOC) at a rate of 62 percent, almost double that of white homeowners (32 percent), according to a study by the Federal Reserve Bank of Philadelphia. Hispanic homeowners also experienced significantly higher denial rates. In the four-year period, Black and Hispanic homeowners missed out on the ability to cash out a total of more than $4 billion in locked-up equity from HELOCs, home equity loans and cash-out refinances. 'Home equity lending is dominated by banks and credit unions, which tend to be much more conservative lenders anyway,' says Richardson. 'It's not unusual to see home equity loan denial rates over 50 percent.' Home equity lending rates With interest rates currently around 8.25%, home equity loans and HELOCs tend to be far less costly ways to borrow than personal loans or credit cards. Inaccurate home appraisals Accurately valuing your home is a key part of determining how much equity you possess – and how much you can borrow. Unfortunately, there's a racial gap in home appraisals. Recent research from Washington University's Weidenbaum Center on the Economy, Government, and Public Policy has shown that homes in white neighborhoods are appraised at double the value of homes in communities of color, even when the homes are similar and have comparable amenities. 'When homes are systematically undervalued, families have less equity to build wealth, pass to future generations, or leverage for economic opportunities,' says Richardson. 'This creates a cycle where historical discrimination leads to current disparities, which then limit future wealth-building opportunities through homeownership.' Conversely, overvaluations of homes are also a real occurrence in majority-Black neighborhoods, according to a report from the Brookings Institution – which can fuel unrealistic jumps in property prices and lead to a crash later on, potentially putting homeowners into negative equity. All told, '10 percent appraisals in majority-Black neighborhoods are valued on the wrong side of the contract price, compared to what would be expected in the absence of racial bias,' the Brookings study found. The ramifications of the racial home equity divide Here's what makes all these barriers an urgent problem: Home equity is the main source of wealth for a historically unprecedented percentage of Black and Hispanic families. In 1992, only about one-third of these groups' wealth — 38 percent of Black wealth, 33 percent of Hispanic wealth — was concentrated in homeownership. Fast-forward to 2022: Home equity now comprises close to half of the wealth of Hispanic and Black households (45 percent and 44 percent, respectively). Not only is the value of other assets, like retirement accounts or business assets, much lower for Blacks and Hispanics than for whites, but they also have a smaller share of them — or don't have them at all. In contrast, home equity comprised about 19% of white households' net worth in 2022, roughly the same percentage as in 2013, according to the NCRC. Since diversification is important in mitigating risk, having all your nest eggs in one basket could be dangerous. 'Essentially, you have a scenario where many people [of color] are home-rich and asset-poor,' says Dean. 'It means that the next recession or housing crash could be particularly devastating for Black households in terms of wealth, given the dependency on home equity over the last decade.' That's why the ability to tap equity with a home equity loan or a HELOC is crucial, and becomes more so for Black homeowners as they age. 'Without adequate liquid assets or access to equity, older Black homeowners may struggle to cover a lot of expenses,' says Linna Zhu, senior research associate at the Urban Institute. 'Poor condition properties may need a major renovation at some point. The properties may lack accessibility features, especially for disabled households. Being unable to tap home equity reduces their ability to maintain housing stability and further worsens the racial wealth gap later in life.' How do we address the racial divide in home equity? Home equity remains one of the most powerful tools for building financial security, but it only works if everyone has a fair shot. And right now, too many Blacks and Hispanics aren't getting one. Admittedly, 'the current home-buying market isn't doing anyone any favors at all,' as Hermann puts it. But 'unless things improve, there's very little reason to think that you're going to see meaningful progress, either in increased access to homeownership for households of color or continued closing in these substantial and persistent wealth gaps.' So how do we make them improve? If we want home equity to be a true path to financial stability for everyone, we have to address barriers like income inequality, appraisal biases and loan denials that prevent families of color from fully participating in homeownership. That can be done by expanding access to higher-paying jobs, increasing support for down payment assistance and strengthening fair lending enforcement. Boosting financial literacy and education is also crucial as some homeowners may have misconceptions about home equity, not fully understand the equity they've built or how they can access it. A collective $35 trillion in homeowner equity is an amazing amount. But it doesn't mean much if it remains a number on paper for entire communities – or if they're being left out of the equation entirely. Questions, comments or thoughts about this article? Email me your feedback at lbell@ Get more from your home How to put your home equity to use with a flexible HELOC. Explore HELOC offers Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
The Star
16-07-2025
- Health
- The Star
South Korea moves to end 'baby exports,' state to take full responsibility
SEOUL: Starting Saturday (July 19), the government will take full responsibility for adoptions, ending 70 years of privately run placements. South Korea will officially end its decadeslong practice of allowing private agencies to handle adoptions and begin a new era in which the state takes primary responsibility for the process, grounded in public oversight and the protection of children's rights. The shift is more than a bureaucratic change. It is a historical reckoning. For over 70 years, beginning in the aftermath of the Korean War, South Korea sent more than 170,000 children overseas for adoption, a number some experts say is closer to 250,000 when unofficial records are considered. This made Korea one of the most prolific 'exporters' of children in the world. Data and records show that countless children who did not truly need to be sent away were 'exported' for adoption. "There are some babies that should not have been sent overseas for adoption," said Hellen Noh, professor emeritus of social welfare at Soongsil University. Noh's research revealed that some adoptees were taken from their families under false pretenses. She told cases where hospitals told mothers their newborns had died or were too sick to survive, only to secretly hand those babies over to adoption agencies to be sent abroad. Official paperwork was often forged or manipulated. Noh notes that it became 'almost customary' to label children as 'abandoned' even when they had known parents or relatives. By the late 1980s, private adoption agencies were acquiring the majority of infants directly from hospitals. In 1988, about 60 percent of the children adopted out of Korea came straight from maternity wards, often through illicit arrangements between agencies and hospitals. What's changing Under the new system, domestic and international adoptions will be regulated separately by two new laws: the Special Act on Domestic Adoption and the Act on Intercountry Adoption. Both were passed by the National Assembly in 2023 and come into force this Saturday. With these changes, the Ministry of Health and Welfare becomes the primary authority on adoption policy, while local governments and the National Center for the Rights of the Child will directly oversee procedures. 'From July 19, the state, local governments and the NCRC will carry out what private adoption agencies have handled until now,' the NCRC said in a written response. 'All procedures will be based on the best interests of the child, as laid out in the Hague Adoption Convention.' The reforms reorganize how adoptions are handled from beginning to end, both domestically and internationally. In domestic adoptions, local governments will identify and protect children in need of adoption before placement. Prospective adoptive parents will apply through the NCRC, which will assign certified agencies to conduct family counseling and home studies. The Ministry of Health and Welfare's adoption policy committee will review and approve child-parent matches, with the NCRC serving as its secretariat. Courts will continue to issue final adoption approvals and now have the power to authorize temporary custody before final approval, to support early bonding. In international adoptions, the state becomes the official 'central authority,' responsible for overseeing both outbound (Korean children abroad) and inbound (overseas children to Korea) adoptions. The Ministry of Health and Welfare negotiates procedures with other countries and monitors post-adoption welfare. Certified agencies conduct screening and monitoring, while the courts finalize placements. Children's participation is also newly enshrined in law. Courts must now listen to adoptees' views regardless of age, a change from the previous threshold of 13 years old. Regarding the future of the private adoption agencies, their role in the adoption process would be eradicated. "If they apply and pass as the ministry's outsourced social welfare institutions, they can work in certain parts but they will not have a special position in the process because they were once adoption agencies," a Health Ministry official confirmed. 'It's not just a system, it's our life' While many adoptees have welcomed South Korea's adoption reform, they emphasize that for them, the issue is not just administrative — it is deeply personal. 'I think it's great to move all those files to the government,' said one adoptee who was sent to a European country as a child and requested anonymity. 'But there's real chaos in the adoptee community right now,' she said. 'We don't know what's going on with the file transfer. Are we sure they're really moving everything? Are they giving up on anything along the way? That's what we're scared of.' Private adoption agency officials carry babies who are finalised for adoption on to a plane. - Photo: National Archives of Korea For many adoptees, their adoption records — sometimes just a handwritten note or an intake form from decades ago — are the only remaining link to their birth families and origins. The nationalization of adoption has meant that these records are now being transferred from private agencies to the NCRC. But the process, some say, has been opaque and confusing. 'It's not just a document. It's about who we are. These documents are the only legacy we have from Korea," she emphasised. Access to the files is also a growing issue. During the transition, adoptees have faced delays and uncertainty. 'For the past few months, we haven't been able to access anything. Not from the agencies, not from the NCRC,' she said. 'They need time to archive and organize the materials, and I understand that. But we need to be told what's happening.' For her, the hope is that greater public awareness, stronger support systems, and more inclusive attitudes will lead to a future where children in need are embraced within Korean society. "Korean society should see us as assets. Not discriminating (against) us by saying, 'Why don't you speak Korean?'" she added."It's not the pity look we need, we would love to hear how Korea is proud of us, how much they want us here, how much they welcome us." Challenges ahead Despite the landmark reform, structural and logistical challenges loom large. As of mid-2025, the state has received original documents from only four major adoption agencies. Records held by many child welfare institutions remain unaccounted for. Even among those received, secure and permanent storage remains a challenge. The NCRC had requested 2.4 billion won this year to establish proper storage facilities, but only 1.78 billion won was approved. A temporary archive has been established controversially, in a former logistics warehouse near Goyang's Jichuk Station. 'It's painful to hear that adoptees' documents, these irreplaceable pieces of their identity, are sitting in a remote warehouse with poor transportation access,' said Noh said. The government has pledged to build a permanent adoption archive in the future, but no timeline has been announced. Meanwhile, access to records remains heavily restricted. Under current law, adoptees may only obtain personal information about birth parents if the parents are deceased and the request meets a narrowly defined medical or legal threshold. A constitutional review is now underway on whether such limits violate adoptees' right to know their origins. 'Adoption must be the last resort' For Noh, the deeper issue is not how well the adoption system works but how little is done to prevent the need for adoption in the first place. 'Adoption is not the solution we should be working toward,' she said. 'What we need to build is a society where every family, regardless of its form, has the support to raise their own children.' She pointed to the legacy of coercion and profit in South Korea's international adoption system. 'Too many children were sent abroad not because it was best for them, but because it sustained institutions and made money,' she said. 'That must never happen again.' She also underscored the need for support services for struggling families, including single parents, disabled caregivers and low-income households, so that children are not separated due to poverty or stigma. 'If a child can grow up safely and lovingly in their birth family, that's what should happen,' she said. 'Only when that is impossible, and I mean truly impossible, should adoption be considered.' South Korea, she added, must also confront its social biases. 'When a single mother wants to raise her child, she's often called selfish. There's no celebration, only shame. That has to change,' she said. The shift to public adoption coincides with South Korea's long-delayed ratification of the Hague Convention on Intercountry Adoption, which is expected to take effect in late October. The convention, adopted globally in 1993, seeks to prevent child trafficking and ensure ethical standards in international adoptions. Korea had joined the treaty in 2013 but failed to ratify it due to misalignment with domestic law, a gap now being closed through the 2023 legislation. Still, the road ahead is uncertain. Many of the reforms will require further legislative action and budgetary support under the new administration following the June 3 presidential election. - The Korea Herald/ANN
Straits Times
16-07-2025
- Politics
- Straits Times
South Korea moves to end ‘baby exports'; state to take full responsibility for adoptions
Find out what's new on ST website and app. The shift to public adoption coincides with South Korea's long-delayed ratification of the Hague Convention on Intercountry Adoption. SEOUL - In just a few days, South Korea will officially end its decades-long practice of allowing private agencies to handle adoptions and begin a new era in which the state takes primary responsibility for the process, grounded in public oversight and the protection of children's rights. The shift is more than a bureaucratic change. It is a historical reckoning. For over 70 years, beginning in the aftermath of the Korean War, South Korea sent more than 170,000 children overseas for adoption, a number some experts say is closer to 250,000 when unofficial records are considered. This made Korea one of the most prolific 'exporters' of children for adoption in the world. Under the new system, domestic and international adoptions will be regulated separately by two new laws: the Special Act on Domestic Adoption and the Act on Intercountry Adoption. Both were passed by the National Assembly in 2023 and come into force this July 19. With these changes, the Ministry of Health and Welfare becomes the primary authority on adoption policy, while local governments and the National Centre for the Rights of the Child (NCRC) will directly oversee procedures. 'From July 19, the state, local governments and the NCRC will carry out what private adoption agencies have handled until now,' the NCRC said in a written response. Top stories Swipe. Select. Stay informed. Singapore Acute psychiatry services to be expanded across all healthcare clusters: MOH Singapore Strong argument for cockpit video recording, says Iata chief in wake of Air India crash report Singapore Baby died after mum took abortion pills and gave birth in toilet; coroner records an open verdict Life S'pore travel agency Beyond Expeditions criticised for planning, safety issues Business Tycoon Robert Kuok's daughter Kuok Hui Kwong appointed CEO of Shangri-La Asia Singapore Jail for drunken man who shoved stranger into Singapore River, causing him to drown Singapore 'Kpods broke our marriage, shattered our children': Woman on husband's vape addiction Singapore Asia-Pacific will need over 230k new pilots, 250k aircraft maintenance technicians by 2042: ICAO chief 'All procedures will be based on the best interests of the child, as laid out in the Hague Adoption Convention.' What's changing The reforms reorganise how adoptions are handled from beginning to end, both domestically and internationally. In domestic adoptions, local governments will identify and protect children in need of adoption before placement. Prospective adoptive parents will apply through the NCRC, which will assign certified agencies to conduct family counseling and home studies. The Ministry of Health and Welfare's adoption policy committee will review and approve child-parent matches, with the NCRC serving as its secretariat. Courts will continue to issue final adoption approvals and now have the power to authorise temporary custody before final approval, to support early bonding. In international adoptions, the state becomes the official 'central authority', responsible for overseeing both outbound (Korean children abroad) and inbound (overseas children to Korea) adoptions. The Ministry of Health and Welfare negotiates procedures with other countries and monitors post-adoption welfare. Certified agencies conduct screening and monitoring, while the courts finalise placements. Children's participation is also newly enshrined in law. Courts must now listen to adoptees' views regardless of age, a change from the previous threshold of 13 years old. 'It's not just a system, it's our life' While many adoptees have welcomed South Korea's adoption reform, they emphasise that for them, the issue is not just administrative - it is deeply personal. 'I think it's great to move all those files to the government,' said one adoptee who was sent to a European country as a child and requested anonymity. 'But it's not just about the files. It's about who we are. These documents are the only legacy we have from Korea.' For many adoptees, their adoption records - sometimes just a handwritten note or an intake form from decades ago - are the only remaining link to their birth families and origins. The nationalisation of adoption has meant that these records are now being transferred from private agencies to the NCRC. But the process, some say, has been opaque and confusing. 'There's real chaos in the adoptee community right now,' she said. 'We don't know what's going on with the file transfer. Are we sure they're really moving everything? Are they giving up on anything along the way? That's what we're scared of.' 'It's not just a document. It's our life. It's our only hope of finding out who we were,' she emphasised. Access to the files is also a growing issue. During the transition, adoptees have faced delays and uncertainty. 'For the past few months, we haven't been able to access anything. Not from the agencies, not from the NCRC,' she said. 'They need time to archive and organize the materials, and I understand that. But we need to be told what's happening.' For her, the hope is that greater public awareness, stronger support systems, and more inclusive attitudes will lead to a future where children in need are embraced within Korean society. 'Korean society should see us as assets. Not discriminating (against) us by saying, 'Why don't you speak Korean?'' she added. 'It's not the pity look we need, we would love to hear how Korea is proud of us, how much they want us here, how much they welcome us.' Challenges ahead Despite the milestone reform, structural and logistical challenges loom large. As of mid-2025, the state has received original documents from only four major adoption agencies. Records held by many child welfare institutions remain unaccounted for. Even among those received, secure and permanent storage remains a challenge. The NCRC had requested 2.4 billion won in 2025 to establish proper storage facilities, but only 1.78 billion won (S$1.95 million) was approved. A temporary archive has been established controversially, in a former logistics warehouse near Goyang's Jichuk Station. 'It's painful to hear that adoptees' documents, these irreplaceable pieces of their identity, are sitting in a remote warehouse with poor transportation access,' said Professor Hellen Noh, professor emeritus of social welfare at Soongsil University. The government has pledged to build a permanent adoption archive in the future, but no timeline has been announced. Meanwhile, access to records remains heavily restricted. Under current law, adoptees may only obtain personal information about birth parents if the parents are deceased and the request meets a narrowly defined medical or legal threshold. A constitutional review is now underway on whether such limits violate adoptees' right to know their origins. 'Adoption must be the last resort' For Professor Noh, the deeper issue is not how well the adoption system works but how little is done to prevent the need for adoption in the first place. 'Adoption is not the solution we should be working toward,' she said. 'What we need to build is a society where every family, regardless of its form, has the support to raise their own children.' She pointed to the legacy of coercion and profit in South Korea's international adoption system. 'Too many children were sent abroad not because it was best for them, but because it sustained institutions and made money,' she said. 'That must never happen again.' She also underscored the need for support services for struggling families, including single parents, disabled caregivers and low-income households, so that children are not separated due to poverty or stigma. 'If a child can grow up safely and lovingly in their birth family, that's what should happen,' she said. 'Only when that is impossible, and I mean truly impossible, should adoption be considered.' South Korea, she added, must also confront its social biases. 'When a single mother wants to raise her child, she's often called selfish. There's no celebration, only shame. That has to change.' The shift to public adoption coincides with South Korea's long-delayed ratification of the Hague Convention on Intercountry Adoption, which is expected to take effect in late October. The convention, adopted globally in 1993, seeks to prevent child trafficking and ensure ethical standards in international adoptions. Korea had joined the treaty in 2013 but failed to ratify it due to misalignment with domestic law, a gap now being closed through the 2023 legislation.
Korea Herald
16-07-2025
- Health
- Korea Herald
South Korea moves to end 'baby exports,' state to take full responsibility
Starting July 19, the state takes full responsibility for adoptions, ending 70 years of privately run placements In just a few days, South Korea will officially end its decadeslong practice of allowing private agencies to handle adoptions and begin a new era in which the state takes primary responsibility for the process, grounded in public oversight and the protection of children's rights. The shift is more than a bureaucratic change. It is a historical reckoning. For over 70 years, beginning in the aftermath of the Korean War, South Korea sent more than 170,000 children overseas for adoption, a number some experts say is closer to 250,000 when unofficial records are considered. This made Korea one of the most prolific 'exporters' of children for adoption in the world. Under the new system, domestic and international adoptions will be regulated separately by two new laws: the Special Act on Domestic Adoption and the Act on Intercountry Adoption. Both were passed by the National Assembly in 2023 and come into force this Saturday. With these changes, the Ministry of Health and Welfare becomes the primary authority on adoption policy, while local governments and the National Center for the Rights of the Child (NCRC) will directly oversee procedures. 'From July 19, the state, local governments and the NCRC will carry out what private adoption agencies have handled until now,' the NCRC said in a written response. 'All procedures will be based on the best interests of the child, as laid out in the Hague Adoption Convention.' What's changing The reforms reorganize how adoptions are handled from beginning to end, both domestically and internationally. In domestic adoptions, local governments will identify and protect children in need of adoption before placement. Prospective adoptive parents will apply through the NCRC, which will assign certified agencies to conduct family counseling and home studies. The Ministry of Health and Welfare's adoption policy committee will review and approve child-parent matches, with the NCRC serving as its secretariat. Courts will continue to issue final adoption approvals and now have the power to authorize temporary custody before final approval, to support early bonding. In international adoptions, the state becomes the official 'central authority,' responsible for overseeing both outbound (Korean children abroad) and inbound (overseas children to Korea) adoptions. The Ministry of Health and Welfare negotiates procedures with other countries and monitors post-adoption welfare. Certified agencies conduct screening and monitoring, while the courts finalize placements. Children's participation is also newly enshrined in law. Courts must now listen to adoptees' views regardless of age, a change from the previous threshold of 13 years old. 'It's not just a system, it's our life' While many adoptees have welcomed South Korea's adoption reform, they emphasize that for them, the issue is not just administrative — it is deeply personal. 'I think it's great to move all those files to the government,' said one adoptee who was sent to a European country as a child and requested anonymity. 'But it's not just about the files. It's about who we are. These documents are the only legacy we have from Korea.' For many adoptees, their adoption records — sometimes just a handwritten note or an intake form from decades ago — are the only remaining link to their birth families and origins. The nationalization of adoption has meant that these records are now being transferred from private agencies to the NCRC. But the process, some say, has been opaque and confusing. 'There's real chaos in the adoptee community right now,' she said. 'We don't know what's going on with the file transfer. Are we sure they're really moving everything? Are they giving up on anything along the way? That's what we're scared of.' 'It's not just a document. It's our life. It's our only hope of finding out who we were," she emphasized. Access to the files is also a growing issue. During the transition, adoptees have faced delays and uncertainty. 'For the past few months, we haven't been able to access anything. Not from the agencies, not from the NCRC,' she said. 'They need time to archive and organize the materials, and I understand that. But we need to be told what's happening.' For her, the hope is that greater public awareness, stronger support systems, and more inclusive attitudes will lead to a future where children in need are embraced within Korean society. "Korean society should see us as assets. Not discriminating (against) us by saying, 'Why don't you speak Korean?'" she added."It's not the pity look we need, we would love to hear how Korea is proud of us, how much they want us here, how much they welcome us." Challenges ahead Despite the milestone reform, structural and logistical challenges loom large. As of mid-2025, the state has received original documents from only four major adoption agencies. Records held by many child welfare institutions remain unaccounted for. Even among those received, secure and permanent storage remains a challenge. The NCRC had requested 2.4 billion won this year to establish proper storage facilities, but only 1.78 billion won was approved. A temporary archive has been established controversially, in a former logistics warehouse near Goyang's Jichuk Station. 'It's painful to hear that adoptees' documents, these irreplaceable pieces of their identity, are sitting in a remote warehouse with poor transportation access,' said Hellen Noh, professor emeritus of social welfare at Soongsil University. The government has pledged to build a permanent adoption archive in the future, but no timeline has been announced. Meanwhile, access to records remains heavily restricted. Under current law, adoptees may only obtain personal information about birth parents if the parents are deceased and the request meets a narrowly defined medical or legal threshold. A constitutional review is now underway on whether such limits violate adoptees' right to know their origins. 'Adoption must be the last resort' For Professor Noh, the deeper issue is not how well the adoption system works but how little is done to prevent the need for adoption in the first place. 'Adoption is not the solution we should be working toward,' she said. 'What we need to build is a society where every family, regardless of its form, has the support to raise their own children.' She pointed to the legacy of coercion and profit in South Korea's international adoption system. 'Too many children were sent abroad not because it was best for them, but because it sustained institutions and made money,' she said. 'That must never happen again.' She also underscored the need for support services for struggling families, including single parents, disabled caregivers and low-income households, so that children are not separated due to poverty or stigma. 'If a child can grow up safely and lovingly in their birth family, that's what should happen,' she said. 'Only when that is impossible, and I mean truly impossible, should adoption be considered.' South Korea, she added, must also confront its social biases. 'When a single mother wants to raise her child, she's often called selfish. There's no celebration, only shame. That has to change.' The shift to public adoption coincides with South Korea's long-delayed ratification of the Hague Convention on Intercountry Adoption, which is expected to take effect in late October. The convention, adopted globally in 1993, seeks to prevent child trafficking and ensure ethical standards in international adoptions. Korea had joined the treaty in 2013 but failed to ratify it due to misalignment with domestic law, a gap now being closed through the 2023 legislation. Still, the road ahead is uncertain. Many of the reforms will require further legislative action and budgetary support under the new administration following the June 3 presidential election.
Express Tribune
08-06-2025
- Politics
- Express Tribune
The age of consent & the borders of belief
Child rights organisations and advocates, along with concerned citizens, have warmly welcomed the passage of recent legislation on child marriages, describing it as a landmark step toward protecting the rights and well-being of children. 'The passage of the ICT Child Marriage Restraint Act, 2025 is a defining moment for Pakistan. This legislation affirms our national commitment to protecting children—particularly girls—from harmful practices that rob them of their childhood, health, and future. By setting 18 as the minimum legal age for marriage, we are not only upholding constitutional and international obligations, but also empowering our girls to pursue education, opportunity, and leadership. We also call on the provinces of Punjab, Balochistan and Khyber Pakhtunkhwa to set the same precedent and harmonise their respective marriage laws in line with the rights and best interests of the child', Ayesha Raza Farooq, Chairperson of the National Commission on the Rights of Child (NCRC) said. 'While every piece of legislation leaves room for future improvement which may be addressed sometimes in the rules and sometimes through further amendments, this Act sets a strong precedent in curbing the menace of child marriage," explained child rights expert Syed Miqdad Mehdi. The enactment of the ICT Child Marriage Restraint Act, 2025 marks a significant step forward in the protection of children's rights in ICT. It is a comprehensive legal framework that not only criminalises the practice by making it a cognizable offence, but also rightly categorises it as a form of child abuse and trafficking, aligning with both national and international child protection standards. It is hoped that this landmark legislation will serve as a model for other territories, especially Punjab, Khyber Pakhtunkhwa and Balochistan, to follow it and strengthen their legal response to this grave human rights violation'. The journey toward a safer, progressive and more equitable Pakistan begins with laws that protect its youngest citizens. Therefore, in order to restrain child marriages and protect the basic rights of children, it is expedient to enact a law for ICT. Prevalence of child marriages in Pakistan This act was passed to combat and eradicate the phenomenon of child marriages, which is highly prevalent in Pakistan. According to the Pakistan Demographic and Health Survey (PDHS) 2017-2018, 3.6 per cent of girls under the age of 15 are married off while 18.3 per cent of girls married off are under 18. However, Unicef reports 21 per cent of Pakistani girls are married by the age of 18, and three per cent before 15 years of age. In 2019, the World Health Organisation reported that 21 per cent marriages were being solemnised by the age of 18 years in Pakistan. According to a World Bank report, 18 per cent of girls in Pakistan marry before the age of 18 and 4 per cent marry before the age of 15. It further added that five per cent of boys in Pakistan marry before the age of 18. In 2020, 119 cases of child marriages were reported in the country, of which 95 per cent were of girls and five per cent were of boys, according to a report by Islamabad-based Sahil, a non-governmental organisation working for child protection. In Pakistan, there are various causes of child marriages, the most prevalent being insufficient legislation and lack of political will to ensure implementation of existing laws. There is a dearth of awareness among the public about the damaging effects of child marriages, especially within tribal and feudal societal structures, harmful practices, extreme poverty and illiteracy. Religious beliefs also enable this tradition. Moreover, child marriage often problematically coincides with conversion of religion. Mostly, Hindu girls in Sindh and Christian ones in Punjab are forcibly married to older Muslim men after forced conversions. Child marriage is a form of sexual abuse in which the child is subjected to assault and deprived of their childhood. It affects the psychological well-being and intellectual, personal and social growth of the child. Girls who marry are more likely to drop out of school than other girls. The earlier girls are married, the more children they tend to bear, which contributes to overpopulation. Child brides face greater pregnancy-related health risks and their babies are more likely to have health problems. The high rates of maternal and infant mortality in Pakistan are closely linked to early marriage. Younger girls are more likely to face domestic violence than women who marry later. Additionally, child marriage leads to poverty when it limits the earning ability for girls because of dropping out of schools and missing development opportunities in many cases. ICT Child Marriage Restraint Act, 2025 After the President's assent the Islamabad Capital Territory Child Marriage Restraint Act, 2025 became a law on May 29 and extends to the Islamabad Capital Territory (ICT) of Pakistan. MNA Sharmila Faruqi presented the bill in National Assembly and it was passed on May 16. Subsequently, Senator Sherry Rehman presented it in the upper house. Despite heated debate in the Senate with the JUI-F insisting on sending a draft to the Council of Islamic Ideology (CII), the bill was passed with a majority on 19th May. CII rejected this bill on its own saying it un-Islamic on May 27. The NCRC, a statutory body, overruled the concerns of CII on May 29 stating 'various Muslim-majority countries—including Tunisia, Jordan, Egypt and Morocco—have legislated minimum marriage ages aligned with international standards which means 18 for boys and girls, recognising the long-term harm caused by child marriage'. Interestingly, in 2023 the Federal Sharia Court in the context of Sindh Child Marriage Restraint Amendment Act 2013, gave their judgement that it is the prerogative of the state to set the minimum age for marriage. Salient features of the act According to the new act the age for both girls and boys is 18 years, which is a step forward to eliminate discrimination among children and to promote gender parity. If a parent or guardian permits child marriage or fails to prevent it, they will be punished with rigorous imprisonment of two to three years with fine. The contracting parties will provide Computerised National Identity Card (CNIC) by NADRA to the Nikkah registrar. If the person solemnising the Nikkah doesn't obey it, he will be punished up to one year of imprisonment and one hundred thousand rupees fine. The condition of CNIC will also be helpful in curtailing the phenomenon of forced conversion of minority girls to the majority religion, as it will decrease the chances on manipulating the age. If a male above eighteen years contracts a child marriage, his imprisonment will be two to three years along with a fine. Any form of cohabitation before the age of eighteen years in a child marriage is child abuse and the punishment for any person who induces, forces, persuades, entices or coerces any child bride or child groom to engage in cohabitation will be punished with 5 to 7 years of imprisonment or/and at least fine of a million. Any person who traffics the child from ICT for marriage purpose will be punished with imprisonment of 5 to 7 years with fine. The Court of District & Sessions Judge shall take cognizance of or try any offence under this Act. If anyone submits an application that a child marriage in contravention of this Act is going to be solemnised, after giving a notice, the court will issue an injunction prohibiting such marriage. If the applicant requests to keep his/her identity hidden, then the court shall adopt appropriate measures to protect their identity. An offence punishable under this Act shall be cognizable, non-bailable and non-compoundable. The case will be concluded in 90 days. With the passage of this new law, The Child Marriage Restraint Act, 1929 is repealed for ICT. What do other laws say? After 2010, the prevention of child marriages became a provincial subject. Sindh is the only province so far to have passed a law barring marriage under the age of 18. The Sindh Child Marriages Restraint Act, 2013 makes underage marriage a cognizable and non-compoundable offence. This means that the police can take action on their own to arrest offenders upon any information, and no private conciliatory deals can be made between families, communities or jirgas to bypass the law. The Punjab Marriage Restraint (Amendment) Act, 2015 still permits girls to be married at 16 while the legal age of boys is 18 years and above. Khyber Pakhtunkhwa and Balochistan continue to be governed by the 1929 Act where minimum marriageable age for girls in 16 years and for boys is 18 years. Furthermore, it is imperative to adhere to international conventions such as the UNCRC and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) where the minimum age for marriage is 18 years. Pakistan's commitment to these treaties necessitates taking proactive measures to combat child marriage and protect women's rights. Pakistan is obligated to align national laws with the ratified conventions and to implement these laws. The approval of the new law is at an important time when Pakistan's 6th and 7th combined periodic reports will be reviewed by the UN Committee on the Rights of the Child. This development will be observed positively by the Committee, as it shows Pakistan's inclination to satisfy earlier recommendations Under the UN Sustainable Development Goals (SDGs), countries around the world, including Pakistan, have pledged to end marriages before age 18 by the year 2030. Goal 5 of the SDGs focuses on gender equality and includes target 5.3 to end child marriages. What next? An inclusive set of legal, policy and administrative measures is required to combat child marriages in the country. The following steps are urgently required to save children from the nuisance of child marriage. The Federal Government should make rules for ICT Child Marriage Restraint Act, 2025 without wasting any time. The remaining provinces and territories should take action without delay in passing similar laws—ensuring that no child is subjected to the injustice of child marriage. The Christian Marriage (Amendment) Act, 2024 has been passed in the National Assembly and its current jurisdiction is limited to ICT. All the Provincial Assemblies should immediately submit a resolution as per Article 144 of the Constitution of Pakistan and adopt it in their respective provinces after due process. The Hindu Marriage Act 2017 was promulgated under Article 144 of the Constitution of Pakistan and is applicable in ICT, Punjab, Balochistan and Khyber Pakhtunkhwa. Province Sindh has its own law. The age of marriage is 18 years and above according to these laws. Minorities' Personal Laws override the related laws of the respective territories, provinces where the marriageable age of the girl child is sixteen years, will not be implemented to Hindu girls. Just administrative measures are required for the implementation. For implementation of the Punjab Sikh Anand Karaj Marriage Act 2018 a set of administrative measures is required. A vibrant local government system should be in place to work with Anand Karaj Registrar and the Sangat to register the marriage. Local government bodies must be empowered to ensure that legal safeguards are implemented in letter and spirit. Special safeguards will be needed for any out-standing victims of child marriage. Their protection, privacy, confidentiality, restitution, trauma healing, rehabilitation and fair legal participation must be prioritised. There must be pro bono legal facilities and expedited procedures before, during and post-trial. The state and government personnel (judges, police, medical officers, etc.) involved during the reporting, investigation and prosecution of child marriage cases should be sensitised and held accountable on the issue. All human rights institutions and civil society organisations must support the cause and advocate for the enactment of robust child protection laws. A nationwide campaign can help raise awareness on the damaging effects of child marriages. The public should be made aware of the harms associated with such practices, as well as punitive laws pertaining to child marriages and related crimes. Parents need to be more sensitive regarding child protection so that their children are not victims of pedophilia and child sexual abuse. To combat child marriages, education for every child is a must. This will help enable our future generations to live healthier and freer lives in a more thriving Pakistan. Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author
